Case law

SER C.H. and S.H., Foster Parents of J.L., Jr. v. Hon. Laura v. Faircloth, Judge, et.al.

815 S.E.2d 540 · West Virginia Supreme Court · Jul 6, 2018

—are still clearly needed when a foster parent or other statutorily designated individual is participating in a statutory “right to be heard” role. … this framework is intended to allow the court to fashion appropriate measures and remedies to highly complex familial and inter-personal issues—it does not serve as a blanket of immunity

In re M.M

West Virginia Supreme Court · Nov 14, 2024

Hensley, who was qualified as an expert on family reunification. Ms. … Instead, those findings must be clearly erroneous.

James v. Knotts

227 W. Va. 65 · West Virginia Supreme Court · Nov 18, 2010

On May 1, 2006, Irene Nelson’s last will and testament was admitted to probate by the County Commission of Clay County, and the appellants were qualified as co-executrixes of the estate. … Irene Nelson clearly possessed the requisite testamentary capacity to execute her will. The appellants are therefore entitled to judgment notwithstanding the verdict. 7 IV.

Welsh v. Welsh

136 W. Va. 914 · West Virginia Supreme Court · Feb 19, 1952

Clearly such provisions do not indicate any attempt to affect dower rights. … Welsh, the qualified executor under the will, professes to be of the belief that the assignment to Blair V.

Young v. Muncy

District Court, S.D. West Virginia · Mar 30, 2020

Defendants argue they are entitled to qualified immunity. … “Because controlling authority clearly establishes an inmate’s right to reasonable protection from malicious assault, [I] look no further and conclude [Plaintiff’s] right was clearly established in this case

Bank of Hundred v. County Court of Wetzel County

94 W. Va. 733 · West Virginia Supreme Court · Oct 30, 1923

In all of these cases (excepting possibly the first named), the fact, and circumstances, of the theft were clearly proven; so that the decisions were not controlled by presumptions of law. … If, however, the loss by theft or burglary were clearly proven, no effort whatever by defendant for their recovery is shown; not even notification to plaintiff of the supposed loss.

In re A.D. and J.D.

West Virginia Supreme Court · Feb 7, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Further, any argument that J.D.’s therapist was not qualified to make a recommendation based on her statement that she could not make a “psycho-legal recommendation” is without merit as the therapist was able to explain that

McNeemer v. Tibbs

District Court, S.D. West Virginia · Jun 4, 2024

Alternatively, Defendant Caudill seeks dismissal on the basis of qualified immunity. 3 II. … It is well-established that multiple actors can be the cause of a single constitutional injury. , 13 F.3d 791, 798 (4th Cir. 1994).

Hartzel Ray Foster v. David Ballard, Warden

West Virginia Supreme Court · Oct 13, 2017

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 … 114 (1995), we held as 5 follows: In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-prong test established

Postlewait v. Ohio Valley Medical Center, Inc.

214 W. Va. 668 · West Virginia Supreme Court · Dec 12, 2003

Standard of Review Our established standard of review for the findings of a circuit court was set forth in syllabus point two of Walker v. … proceeded to take judicial notice of certain “facts” from Appellant’s criminal trial on the misdemeanor charge of involuntary manslaughter. 14 In so doing, the trial court exceeded the boundaries of matters that typically qualify

Capital One Bank (USA), N.A. v. McGraw

563 F. Supp. 2d 613 · District Court, S.D. West Virginia · Jun 26, 2008

Applying the Chevron framework, the court first held that the NBA does not clearly preclude the OCC’s interpretation of § 484(a), as set forth in the OCC’s visitorial powers regulation, 12 C.F.R. § 7.4000 (a). … Section 484(a) of the NBA immunizes only national banks from state visitorial control.

In Re: A.U.

West Virginia Supreme Court · Jun 19, 2017

The Court has previously established the following standard of review: 3 The parental rights of both parents were terminated below. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Steele v. Southern Regional Jail Staff

District Court, S.D. West Virginia · Sep 17, 2024

Defendants Grant and Minor argue that Plaintiff’s claims should be dismissed based on the following: (1) “Plaintiff fails to satisfy Rule 8’s pleading requirement” (Document No. 32, p. 5); (2) “Qualified immunity … Frame is entitled to qualified immunity” (Id., pp. 10 – 12).

In Re: B.M. and A.M.

West Virginia Supreme Court · Jun 19, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Lastly, this Court reminds the circuit court of its duty to establish permanency for the children.

Earhart v. Elder

District Court, S.D. West Virginia · Feb 5, 2019

(G) The utilization of qualified staff. … Plaintiff has argued that BRMC failed to cite its own “bylaws, policies, procedures, or additional information establishing that the Risk Manager and Area Director are part of a qualifying review organization and that these

In re C.F. and T.F.

West Virginia Supreme Court · Oct 29, 2024

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Standard of Review Our standard of review for abuse and neglect cases is well established.

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 A.A.

West Virginia Supreme Court · Apr 26, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … This rule merely establishes the minimum amount of disclosure required.” Id. at 10(d).

In Re: Remains of Chester Howard West

239 W. Va. 359 · West Virginia Supreme Court · Jun 6, 2017

Clearly, we honor the service and sacrifice of each person on the Wall even though their bodily remains were laid to rest elsewhere. 6 In short, the exhumation of Mr. … ,]” and it will be able to "accommodate burial space for approximately 60,000 qualified individuals.” Id, . It appears that Mr. West has no consanguine descendants. The family members who appeared to oppose Mr.

Cross v. Cross

178 W. Va. 563 · West Virginia Supreme Court · Nov 17, 1987

One can easily understand the IRS’s eagerness to amend IRC § 152(e) to establish some bright-line rules. … Seip, 725 S.W.2d 134 (Mo.App.1987) the court found a qualified, pre-1985 instrument allocating the exemption, and in Gleason v.