Case law

State of West Virginia v. Michael J.

West Virginia Supreme Court · Feb 25, 2022

Despite petitioner’s protestations otherwise, the prosecutor made no attempt to qualify herself as an expert; thus, we reject that characterization of the State’s closing arguments out of hand. … Accordingly, we find that the remarks did not clearly prejudice petitioner or result in manifest injustice.

Clifford K. v. Paul S.

217 W. Va. 625 · West Virginia Supreme Court · Aug 8, 2005

Furthermore, Tina B. has not formally adopted Z.B.S. so she does not qualify as his legal parent on that basis. … Va.Code § 48-9-103 (2001) (Repl.Vol.2004) establishes who may bring or participate in proceedings seeking to establish custody of a child. For the complete text of W. Va.Code § 48-9-103, see Section III, infra. .

Cary v. Riss

189 W. Va. 608 · West Virginia Supreme Court · Jul 16, 1993

The Mullane court, however, qualified that it had “not committed itself to any formula ... determining when constructive notice may be utilized or what test it must meet.” Id. … Clearly, the limited facts we have before us raise several questions.

McKenzie v. Delong

District Court, N.D. West Virginia · Jul 17, 2018

immunity. … While § 1983 provides a federal cause of action, it looks to the most analogous state law cause of action to establish the applicable statute of limitations. Wallace v.

Zeng v. Marshall University

District Court, S.D. West Virginia · Mar 21, 2018

Va. § 5-11-8 (establishing and announcing the powers of the commission under the Act). … In its objections, Defendant also appears to allude to a different argument, without clearly providing law on the point.

McClure v. CITY OF HURRICANE

227 W. Va. 482 · West Virginia Supreme Court · Nov 22, 2010

On appeal, the Appellants argue that they “could not agree more that the ordinance was clearly intended to apply to only those building permits issued after the date the ordinance was enacted.” … The Court, on appeal, found that the issue to be addressed was whether the actions of the landowner were sufficient to establish a vested right to a nonconforming use as the project was started several years before the zoning

Diane Horton v. Professional Bureau of Collections of Maryland

238 W. Va. 310 · West Virginia Supreme Court · Nov 15, 2016

as an unfair settlement practice clearly does not amount to fraud.” … However, this Court has held that "simply because a claimant falls into one of the categories of persons listed in Rule 17(a) [as a real party in interest] does not end the analysis; the claimant must still establish they

Moore v. Tearney

62 W. Va. 72 · West Virginia Supreme Court · Apr 18, 1907

Fraud may be inferred from facts calculated to establish it.” … This proposition can be admitted only in a qualified and very limited sense.

Superior Home Specialists v. Michael Sindledecker

Intermediate Court of Appeals of West Virginia · Apr 7, 2026

Sindledecker qualified for 10% WPI under a Class 2 skin disorder, which allows a range of 10-24% WPI. … Sindledecker established that he was entitled to a 37% PPD award for the compensable injury.

State v. Gum

172 W. Va. 534 · West Virginia Supreme Court · Nov 10, 1983

Audia, 171 W.Va. 568 , 301 S.E.2d 199 (1983), “‘The true test as to whether a juror is qualified to serve on the panel is whether without bias or prejudice he can render a verdict solely on the evidence under the instructions … The appellant did not contend that he was provoked or that he unintentionally killed his brother, his defense was clearly one of simple denial.

State v. Sheppard

49 W. Va. 582 · West Virginia Supreme Court · Sep 7, 1901

No connection between these questions and remarks and their ostensible purpose is clearly perceptible. … The law is made for the protection of the citizen, and all alike are amenable to its penalties and entitled to its immunities.

McClung v. Board of Education

213 W. Va. 606 · West Virginia Supreme Court · Jul 3, 2003

O’Dell, both of whom were qualified, applied. The School Board awarded one of the positions to Mr. O’Dell, 1 pursuant to W.Va.Code § 18-5-39, because he was employed in the position during the previous summer. 2 W. Va. … Code 29-6A-1, et seq. [1988], and based upon findings of fact, should not be reversed unless clearly wrong.” Syllabus, Quinn v. W.Va. Northern Community College, 197 W.Va. 313 , 475 S.E.2d 405 (1996).

Larry Ballard v. Lightning Contract Services, Inc.

West Virginia Supreme Court · Mar 23, 2022

In a Final Decision dated June 16, 2020, the Office of Judges affirmed the claims administrator Order of April 18, 2019, and concluded that the preponderance of the evidence establishes that Mr. … Ballard has bilateral mild-to-moderately severe hearing loss, is not qualified to give an opinion because she is not a certified audiologist nor a physician.

William and Mary Lou Frohnapfel v. Arcelormittal USA LLC

235 W. Va. 165 · West Virginia Supreme Court · Apr 10, 2015

Frohnapfel qualified as an at-will employee in view of the collective bargaining agreement that controlled the terms of his employment. … Expounding further, we stated: The term “substantial public policy” implies that the policy principle will be clearly recognized simply because it is substantial.

Lucas v. Locke

11 W. Va. 81 · West Virginia Supreme Court · Sep 10, 1877

Speyers, 20 Gratt., 308 , Judge Staples says: “It is an established rule of the court to grant new trials very rarely upon the ground of after-discovered evidence, and never but under very, special circumstances. … The court may however at any time afterwards revoke such order, and allow any other person to qualify as executor or administrator. Code of 1860, page 596. The question in this case is then reduced to this: “Was Jas. W.

Rex Donahue v. Mammoth Restoration and Cleaning and Allstate Insurance Company

West Virginia Supreme Court · Feb 18, 2022

Our law concerning the enforcement of settlement agreements is well established. … not abuse its discretion in refusing plaintiff’s motion to add county commission as a defendant because 15 to do so would be a futile gesture given that commission would be immune

Kinney v. Daniels

574 F. Supp. 542 · District Court, S.D. West Virginia · Nov 3, 1983

Inasmuch as the Plaintiff has failed to respond to the aforementioned motion within the time frame established by the Court’s prior Order of July 22, 1983, the Court has deemed the Defendants’ motion to be ripe for decision … I would urge restraint in the use of heroic measures in the face of clearly irreversible illness.

K-Mart Corp. v. West Virginia Human Rights Commission

181 W. Va. 473 · West Virginia Supreme Court · May 4, 1989

. ****** The record clearly shows that the police were summoned because the Baram party fit a shoplifting profile.... … for the position or opening; (3) that he or she was rejected despite his or her qualifications; and (4) that after the rejection the respondent continued to accept the applications of similarly qualified persons.

In re: J.G., II

809 S.E.2d 453 · West Virginia Supreme Court · Feb 15, 2018

These findings shall not be set aside by a reviewing court unless clearly erroneous. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

State of West Virginia v. Kimberly S.

233 W. Va. 5 · West Virginia Supreme Court · Jan 29, 2014

(2010), states, in part: “Qualifying child abuse and neglect criminal offenses” – those offenses that require registration as an offender of child abuse or neglect upon conviction or when … C.S.R. § 81-16-2.4. (2010), clearly authorize registration in circumstances beyond the specific offenses listed in those provisions. Syllabus point two of State v.