Case law

United States v. Majher

250 F. Supp. 106 · District Court, S.D. West Virginia · Jan 26, 1966

As clearly brought out in the Klubnikin case, supra, “The machinery established by the Selective Service Regulations is and of necessity must be geared to the prodigious task of processing millions of registrants. … It is well accepted that Jehovah’s Witnesses come under the ministerial exemption if they are regular or duly ordained ministers of religion and otherwise qualified. Dickinson v. United States, supra; United States v.

Cadle v. Rubenstein

District Court, N.D. West Virginia · Nov 20, 2018

Then, on September 4, 2018, defendant Jeremy Smith (“Smith”) moved to dismiss the Complaint for failure to state a claim and because he is entitled to qualified immunity (Dkt. No. 51). … Courts will uphold those portions of the recommendation to which no objection has been made unless they are “clearly erroneous.” See Diamond v. Colonial Life & Accident Ins.

William F. Crawford v. W. Va. Dept. of Corrections - Work Release

239 W. Va. 374 · West Virginia Supreme Court · Jun 8, 2017

Crawford qualified as an “employee” pursuant to W. Va. Code § 23-2-1a (1999) (Repl. Vol. 2010). However, this question is rendered moot by our determination that Mr. … Clearly both classes of inmates receive treatment for work-related injuries.

Blankensip v. Necco, LLC

District Court, S.D. West Virginia · Jul 25, 2018

You could clearly see all of her face.” Compare Neglect Investigation at 1; Report of Death at 6 (“decedent’s face and body were pressed against the blanket roll”) with C. … “Material” facts are those necessary to establish the elements of a party’s cause of action. Anderson v.

In re: B.M.

West Virginia Supreme Court · Dec 10, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … However, when the DHHR requested the circuit court qualify Ms. Nelson during the dispositional hearing below, petitioner responded that she had no objection to the qualification.

Jeffers v. Wal-Mart Stores, Inc.

84 F. Supp. 2d 775 · District Court, S.D. West Virginia · Feb 23, 2000

Therefore, “[ujnder Rule 12, judgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” … [Defendant’s] construction of [the provision] would therefore have the perverse effect of granting complete immunity from design defect liability to an entire industry that, in the judgment of Congress, needed more stringent

Kaufman v. PLANNING & ZONING COM'N, ETC.

298 S.E.2d 148 · West Virginia Supreme Court · Nov 24, 1982

Appointees "shall be qualified by knowledge and experience in matters pertaining to the development of the municipality ...." … This statement clearly relates only to the physical aspects of lot size, not the type of development and the economic class of renters.

Amanda P. Jones v. United States Postal Service and WorkForce West Virginia

Intermediate Court of Appeals of West Virginia · Dec 6, 2024

Jones’ request for reasonable accommodations by stating that she was “not a qualified individual with a disability within the meaning of the Rehabilitation Act” and could not “be accommodated to perform the essential functions … Findings of fact by the administrative officer are accorded deference, unless the reviewing court believes the findings to be clearly wrong. See Straub v. Reed, 239 W. Va. 844, 806 S.E.2d 768 (2017).

State v. Memorial Gardens Development Corp.

143 W. Va. 182 · West Virginia Supreme Court · Dec 3, 1957

Cases cited in this dissent clearly demonstrate that the statute can not be condemned as class legislation. … It is of importance to all that such a business be conducted properly, and only by those who are qualified to carry out its responsibilities.

Bank of Williamson v. McDowell County Bank

66 W. Va. 545 · West Virginia Supreme Court · Dec 21, 1909

The law thus accords to them a protection and right which citizens generally do not have, immunity from the Return of money paid to them under a mutual mistake. … Therefore, the endorsement of a purchasing bank, not qualified or limited in any respect, amounts to a representation to the drawee that this precaution has been taken.

In re A.W. and R.W.

West Virginia Supreme Court · Apr 20, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Even more importantly, the evidence does not establish that petitioner and the children had a close emotional bond.

Adkins v. Bordenkircher

164 W. Va. 292 · West Virginia Supreme Court · Feb 12, 1980

Following our decision to Woodring , the Governor, by Executive Order 8-78, established that the new good time statute should be implemented as of May 1, 1978. 4 Neither party appears to question the Governor’s right to establish … The court therefore held: “[W]e see no distinction between depriving a prisoner of the right to earn good conduct deductions and the right to qualify for, and hence earn, parole.

Repass v. Northwestern Mutual Life Insurance

684 F. Supp. 2d 779 · District Court, S.D. West Virginia · Nov 18, 2009

According to the policy, in order to qualify for lifetime total disability benefits, Mr. … These limitations clearly established that plaintiff was partially disabled under the terms of the Policy.

Kizer v. Harper

211 W. Va. 47 · West Virginia Supreme Court · Nov 30, 2001

This statement is clearly in accord with the law of prima facie negligence as announced on multiple occasions by this Court. … Vance should not have been read to the jury, arguing that he did not qualify as an unavailable witness. Mr.

Jules Inc. v. Boggs

165 W. Va. 510 · West Virginia Supreme Court · Sep 23, 1980

The circuit court upheld the ABC Commissioner’s findings of fact as clearly right, but reversed the conclusions of law as clearly wrong. … of statutes in other areas see, Efficacy of the Corporate Entity in Evasion of Statutes 26 Iowa L.Rev. 350 (1941) This article notes that the theory behind many piercing the corporate veil cases “is that there can be no immunity

Melissa Rotruck v. Janice Smith, Doing Business as Insurance Queen

West Virginia Supreme Court · Feb 10, 2016

It is well established 8 See note 1, supra, for additional details regarding Ms. … Rotruck qualify as a consumer credit sale.

Farmers & Merchants Bank of Reedsville v. Kingwood National Bank

85 W. Va. 371 · West Virginia Supreme Court · Jan 20, 1920

As to the guaranty relied upon, the allegations in the two counts are clearly insufficient by reason of their uncertainty and indefiniteness; if, indeed, they do not'State a case upon which no action can stand, when properly … This may not be sufficient ground for the construction relieving from the common law obligation as being incident to the imposition of a’uniform statutory obligation; but a firmly established rule of interpretation justifies

Nick Bajada and Erin Bajada v. Crystal Lake Property Owners' Association, Inc.

Intermediate Court of Appeals of West Virginia · Jul 30, 2024

Established on May 2, 1983, Crystal Lake is a nonprofit corporation which operates as the homeowners’ association of the Valley View subdivision. … The record establishes that the subdivision’s plats clearly set forth that the Recreation Area is jointly owned community property with the subdivision deeds including a non-exclusive right of access to that area.

John J. Lynch v. David Ballard, Warden

West Virginia Supreme Court · Mar 31, 2014

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified

Duling v. Bluefield Sanitarium, Inc.

149 W. Va. 567 · West Virginia Supreme Court · Jun 15, 1965

It is conceded, therefore, that this is not a case for application of the charitable immunity doctrine as defined in prior decisions of this Court. Meade v. St. Francis Hospital, 137 W. Va. 834 , 74 S. … Even in malpractice cases, however, the general rule has been qualified so as to permit negligence to be established without expert testimony in cases where negligence or want of skill is so obvious as to dispense with need