Case law

Cat Run Coal Co. v. Babbitt

932 F. Supp. 772 · District Court, S.D. West Virginia · Aug 8, 1996

Clearly, OSM gave the requisite notice under the APA of proposed changes. … It was not until the May 1995 availability of the draft decision document that “landowners” were identified as “other responsible parties” as they had, under qualified circumstances, by the Clean Water Act.

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

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

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.

SER Scott R. Smith, Prosecuting Attorney v. Hon. David J. Sims, Judge

235 W. Va. 124 · West Virginia Supreme Court · Apr 9, 2015

As we explained, “[e]ven if it was established that the child in this case did not and will not suffer any harm as a result of George K.’s acts, it does not follow that another child subject to a similar encounter in the … The petitioner contends that under the analysis employed in George K., J.Y. clearly committed an offense involving 11 an act of violence against a person.

Kalany v. Campbell

220 W. Va. 50 · West Virginia Supreme Court · Nov 30, 2006

Where Appellant goes astray is to suggest that only by proving a sexual harassment claim could Appellees establish the requisite public policy violation under the facts of this case. In so arguing, Mr. … The alleged act of sexual harass *55 ment — the unwelcome and forced kiss— clearly qualifies as a practice that is in violation of the provisions of the Act. See W.Va. Code § 5-ll-9-(7)(C).

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

Arbogast v. Arbogast

174 W. Va. 498 · West Virginia Supreme Court · Nov 14, 1984

Such an award is clearly authorized by W.Va. … Since at the time of the modification proceeding here, the child had been absent from Kansas for over seven months, Kansas did not qualify as the child’s "home state”.

Cline v. Bailey

85 W. Va. 139 · West Virginia Supreme Court · Nov 18, 1919

That Browning recognized the paramount character of plaintiffs’ rights to the tract clearly appears from the evidence. … Since the plaintiffs are cotenants in the tract, each owning an undivided interest, those who thus establish their right to redeem can redeem only their own interests, not the interests of others.

Mills v. Miller

135 W. Va. 627 · West Virginia Supreme Court · Mar 13, 1951

Special plea No. 1 alleged that the plaintiff had not qualified as a real estate broker in the State; and special plea No. 2 alleged that the Shand’s Cut Rate Drugs was owned by Shand’s Cut *629 Rate Drug Store, Inc., a corporation … When we come to the dominent issue in the case, that is, whether there was an agreement on the part of the defendant to pay the plaintiff the sum of $2,000.00, we think the facts are sufficient to establish plaintiff’s claim

Petition of Shiflett

200 W. Va. 813 · West Virginia Supreme Court · Jul 18, 1997

As the testator and Appellee never divorced, Appellee clearly fits within this definition. … As an aside, we notice the legislature retained a statute qualifying homicide as a bar to the acquisition of an estate or insurance money. See W. Va.Code § 42-4-2 (1982). 17 .

Mine Temp, LLC v. Wells Fargo Insurance Services

West Virginia Supreme Court · Nov 4, 2019

Alternatively, Wells Fargo argued that (as an “agent” for Chubb in placing the coverage) it is immune from suit in tort or contract by the insured, Mine Temp, under existing West Virginia law. … Mine Temp argues that, in the affidavit it submitted with its response to Wells Fargo’s motion for summary judgment, it established that it relied upon the special expertise, knowledge, and representations of Wells Fargo

Burch v. Nedpower Mount Storm, LLC

220 W. Va. 443 · West Virginia Supreme Court · Jul 27, 2007

The first assignment is that the circuit court erred in finding that the siting certificate granted by the PSC to the appellees for the construction of the wind power facility immunizes the appellees from liability under … That injury will result must be shown beyond question ... not resting on hypothesis or conjecture, but established by conclusive evidence.

Poulos v. LBR Holdings, LLC

238 W. Va. 89 · West Virginia Supreme Court · Oct 26, 2016

The final order and the ultimate disposition are reviewed under an abuse of discretion standard, and the circuit court’s underlying factual findings are reviewed under a clearly erroneous standard. … Ripepi all qualify him as an expert with respect to CBM.

Cotiga Development Co. v. United Fuel Gas Co.

147 W. Va. 484 · West Virginia Supreme Court · Dec 11, 1962

Assuming that the alleged usage and custom with all requisite elements has been established in accordance with the rather stringent requirements of law, we believe that the present situation is not one which calls for or … Had the lease contained a mere covenant “to pay the taxes” without more and without qualifying language, the force of the statute might have obviated any possible ambiguity.

In the Matter Of: The Honorable Elizabeth Boso, Magistrate of Nicholas County and Former Magistrate Candidate of Kanawha County

West Virginia Supreme Court · Oct 24, 2025

I clearly misinterpreted, you know, where the canon said that you shall reside in the county in which you are elected. It does not say appointed. … Although respondent briefly argues that she was merely a “job applicant,” we find that she plainly qualified as a “judicial candidate” under our Rules.

J. C. Penney Co. v. Haradesty

164 W. Va. 525 · West Virginia Supreme Court · Dec 18, 1979

Taxpayer admits that he has qualified to do business in this State and has employees engaged in the erection of steel tanks in this State. … Comment, State Taxation of Interstate Business: An End to the Privilege Tax Immunity, 29 Univ. Fla. L.

In Re Tyler D.

213 W. Va. 149 · West Virginia Supreme Court · Feb 19, 2003

Amanda D. was unable to produce immunization records for the children and was unsure when Nevaeh D., who appeared to be sick, had last been to a doctor. … However, they assert that the evidentiary record establishes a classic case of failure to protect by a parent.

Warren v. Tate

District Court, N.D. West Virginia · Oct 2, 2024

Further, defendant Kinser would enjoy absolute immunity from such a claim. … “[T]he Constitution creates no entitlement to grievance procedures or access to any such procedure voluntarily established by a state.” Adams v. Rice, 40 F.3d 72, 75 (4th Cir. 1994) (citations omitted).

In Re the Estate of Siler

155 W. Va. 743 · West Virginia Supreme Court · Mar 21, 1972

s funeral, The Old National Bank of Martinsburg qualified as Administrator of his estate, ostensibly for protection of the estate. … The controlling question in this case is: Did the proponents establish a valid and unrevoked will?