Case law

Masters v. City of Huntington

800 F. Supp. 355 · District Court, S.D. West Virginia · Jan 8, 1992

Thus, even if it were established that the rates set forth in the pay schedules were agreed to by the firefighters, 10 those rates could not be relied upon since they clearly were established “without regard to hours worked … Apart from the question of whether the agreement between the City and the firefighters “specifies a regular rate of pay,” however, it is apparent that the method of payment utilized here fails to qualify for this exemption

Wood v. United States Department of Agriculture Rural Housing Service

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

The plaintiff bears the burden of establishing that subject-matter jurisdiction exists. , 166 F.3d 642, 647 (4th Cir. 1999). … Faced with a motion to dismiss under Rule 12(b)(1), the plaintiff bears the burden of establishing both the court’s statutory jurisdiction and the government’s waiver of its sovereign immunity.

Amy Cline v. Lori H. Nohe, Warden

West Virginia Supreme Court · Apr 13, 2015

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 … We have previously held that “[i]n the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

Barnett v. Coal & Coke Railway Co.

81 W. Va. 251 · West Virginia Supreme Court · Nov 6, 1917

Both the origin and destination of .the shipment were in this State, making it clearly an intrastate shipment. … Hence, according to the well recognized rule, that a 'general definition of a class is qualified or limited by a special definition of a particular class, which ■otherwise would be included in the general definition, Sec.

Jones, Inc. v. W. A. Wiedebusch Plumbing & Heating Co.

157 W. Va. 257 · West Virginia Supreme Court · Dec 11, 1973

We would look for a company qualified to do this rather specialized work.” He was also asked: “Q. Mr. Garrison, what, if any, reliance did Jones place upon whatever skill and judgment of W. A. … Plaintiff obviously established that the sprinkler head was unfit by this great bulk of completely uncontradicted circumstantial evidence.

McCabe v. City of Parkersburg

138 W. Va. 830 · West Virginia Supreme Court · Nov 3, 1953

Buell, a qualified engineer, testifying in plaintiff’s behalf, unequivocally stated that the washing away of the land immediately adjacent to the rear of plaintiff’s lot caused her land to slip away, causing the slough about … However, we are of the opinion that the preponderance of the evidence as to the damage to the house itself is clearly in favor of the defendant. Mr. Robert F. Baker, a civil engineer and soils expert, Mr.

Butts v. United States

District Court, N.D. West Virginia · Sep 13, 2017

Frivolity dismissals should only be ordered when the legal theories are indisputably meritless, or when the claims rely on factual allegations which are “clearly baseless.” Denton v. … The addendum explained that Petitioner qualified as a career offender. Id.

Lloyd v. Cabell Huntington Hospital, Inc.

58 F. Supp. 2d 694 · District Court, S.D. West Virginia · Jul 29, 1999

The burden of establishing the propriety of removal falls upon the removing party. Mulcahey, 29 F.3d at 151. If federal jurisdiction is doubtful, remand is necessary. … The Supreme Court clarified the scope of the phrase “separate and independent” by distinguishing claims which the phrase clearly would not cover.

Chesapeake & Ohio System Federation v. Hash

170 W. Va. 294 · West Virginia Supreme Court · Jun 30, 1982

In 1955, at its quadrennial convention, the-Federation established a pension plan for its full-time officers and representatives to provide supplemental pension ben *296 efits in addition to those received by qualified employees … Handlan, 162 W.Va. 175 , 248 S.E.2d 273 (1978). 1 The form of the notice to be given an alleged contemnor has been established by prior decisions.

State of West Virginia v. James R.L. Meadows

231 W. Va. 10 · West Virginia Supreme Court · May 16, 2013

Norman was qualified as a psychiatrist and neurologist who testified from Michigan State University via video. He offered his expert opinion that Meadows’s statement to Sgt. … It was established that Mr. Ferris had eleven therapy sessions over the course of several months with the brother.

West Virginia HCR Manorcare Facilities, Inc. v. West Virginia Department of Health and Human Resources, Bureau for Medical Services

Intermediate Court of Appeals of West Virginia · May 23, 2024

Gibbs is a CPA who was qualified as an expert regarding Medicare and Medicaid reimbursement for healthcare facilities in West Virginia. Mr. … Ellis’ testimony reflected that the CAP established by BMS during the previous rate-setting period should have established a floor for the CAP during the relevant period at issue in this case.

Patrick v. Sharon Steel Corp.

549 F. Supp. 1259 · District Court, N.D. West Virginia · Oct 27, 1982

prescriptive easement over Plaintiffs’ land would be to hold that because its emissions exceeded the State regulations to such a large degree, and the accompanying invasion of surrounding property was so complete, Sharon is now immune … The use of the test case approach here would be clearly improper.

In re J.H., E.H., and S.H.

West Virginia Supreme Court · Mar 13, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … According to petitioner, “[s]he participated in parenting and adult life skills education even though it was arguably something she had little need for and something she was qualified to teach others.”

In Re: J.S., T.S., W.S. and C.S.

West Virginia Supreme Court · Sep 25, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … As such, we find no abuse of discretion in the circuit court’s admission of the testimony in question, as the same qualified as an exception to the hearsay rule under Rule 803(4).

Elaine Neidig v. Valley Health System

West Virginia Supreme Court · Jun 10, 2025

“Where the issue on an appeal . . . is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, in part, Chrystal R.M. v. Charlie A.L., 194 W. … Similarly, “[w]here the issue on an appeal . . . is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, in part, Chrystal R.M. v.

STATE EX REL. W. VA., ETC. v. Waterhouse

212 S.E.2d 724 · West Virginia Supreme Court · Nov 26, 1974

Taylor, supra , on the facts in evidence in that case, but we find that case clearly distinguishable from the case at bar. … Such shortages, it was found result in our inability to retain or attract the qualified manpower resources needed for industrial and commercial development.

Alward

District Court, S.D. West Virginia · Aug 10, 2026

plaintiff seeks to proceed in forma pauperis, and must dismiss the case if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune … United States, 44 F.4th 218, 224 (4th Cir. 2022)(“[T]he exception is triggered only if the incarcerated person alleges sufficient and specific facts establishing that he or she is in imminent danger of serious physical

Western Maryland Railway Co. v. Goodwin

167 W. Va. 804 · West Virginia Supreme Court · Jul 17, 1981

Western Maryland Railway, appellee here, is a freight hauling railroad carrier incorporated outside this State and it is qualified to do business in West Virginia. … Union Barge Line Corporation is a Pennsylvania corporation not qualified to do business in the State of West Virginia.

Rollins v. Ames

District Court, S.D. West Virginia · Mar 25, 2025

The State habeas court determined that “[b]ased on the totality of the evidence, the Court FINDS that there was no plea agreement or immunity agreement between the State and April Bailes when … The magistrate judge aptly concluded that the determination made by the State habeas court was “not contrary to, or an unreasonable application of, clearly established federal law; or based on an

State Ex Rel. Garden State Newspapers, Inc. v. Hoke

205 W. Va. 611 · West Virginia Supreme Court · Jul 12, 1999

no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly … Respondents C.C.F. and William C.F. counter that the hearing and record below were properly closed because educational, disciplinary and other sensitive records are involved which federal law and state regulations clearly