Case law

Daniel W. Thomas v. William Ray McDermitt and State Farm Mutual Insurance

232 W. Va. 159 · West Virginia Supreme Court · Oct 7, 2013

It is the duty of the legislature to consider facts, establish policy, and embody that policy in legislation. … This Court agrees with the Martin court and finds that the Ammons decision is clearly distinguishable.

Jones v. Connecticut General Life Insurance

114 W. Va. 651 · West Virginia Supreme Court · Feb 27, 1934

It is her duly to establish a presumption that she will not be. It is not necessary for *659 the defendant to show that presumably she will be. … We therefore believe that the instruction is clearly misleading and since it is binding, is fatal to plaintiff below.

Ostrosky v. Arkwright-Boston Manufacturers Mutual Insurance

182 W. Va. 187 · West Virginia Supreme Court · Nov 15, 1989

Second, the statutory language upon which plaintiff relies does not establish a formula for the payment of commissions. … In a futile attempt to convince this Court that he is entitled to commissions at the rates set forth in the proviso, Ostrosky argues that the fixed yearly fee which he received qualifies as a commission under the statute.

Meisel v. Tri-State Airport Authority

135 W. Va. 528 · West Virginia Supreme Court · Mar 1, 1951

Meisel, a resident, citizen and qualified voter of Wayne County, and a freeholder and taxpayer in Wayne and Cabell Counties, who sues on behalf of himself and all other taxpayers and persons similarly situated in the County … We, however, are impressed with 'the fact that the Huntington Industrial Corporation, which is clearly a nonprofit civic corporation, and, as such, a private corporation within the meaning of Section 1 of Article XI of the

SER Betty J. Almond v. Hon. Rudolph Murensky, Judge, and Pfizer, Inc.

238 W. Va. 289 · West Virginia Supreme Court · Nov 14, 2016

In Mazzone I, this Court granted a writ of prohibition and found that a single complaint with multiple plaintiffs does not satisfy the definition of “mass litigation” and therefore does not qualify for referral to the Mass … By order dated August 14, 2015, the circuit court entered a scheduling order establishing a September 1, 2015, deadline for dispositive motions.

In Re Chevie V.

226 W. Va. 363 · West Virginia Supreme Court · Sep 23, 2010

Clearly, that provision, when properly invoked, enables the Department to use Medicaid-established rates for the provision of health care services as required under chapter 49, articles five and six, where such rates are … Although this statute is relevant and specifically applies to abuse and neglect proceedings, abuse and neglect proceedings are only one of approximately fourteen different categories of cases that qualify as an “eligible

Weaver v. Harrell

115 W. Va. 409 · West Virginia Supreme Court · Oct 9, 1934

Weaver did not qualify Mrs. O’Neal’s statement in any manner, though he expressed an intention to return to her whatever sum he collected in excess of what she owed him. … Where the facts are conceded and establish clearly a definite legal status, we conceive it to be the duty of the court to declare that status.

State v. Hatfield

169 W. Va. 191 · West Virginia Supreme Court · Jan 26, 1982

The basis for this argument is that the State in rebuttal established by a state policemen that the gun was owned by Mr. … Carter *204 and also established on cross-examination of the defendant that Carter was known by the defendant.

State v. McGilton

229 W. Va. 554 · West Virginia Supreme Court · Jun 19, 2012

He then *558 contends that irrespective of Rule 35(a), the circuit court’s error qualifies as “plain error.” … The statute clearly and unambiguously sets forth the elements for a single violation of a malicious assault.

State of West Virginia v. Laurence R. Smith III

West Virginia Supreme Court · Nov 22, 2013

We review the decision on the Rule 35 motion under an abuse of discretion standard; the underlying facts are reviewed under a clearly erroneous standard; and questions of law and interpretations of statutes … While an actual date was never established, such evidence is not required. See State v. David D.W., 214 W.Va. 167, 588 S.E.2d 156 (2003).

Schultz v. AT & T Wireless Services, Inc.

376 F. Supp. 2d 685 · District Court, N.D. West Virginia · May 27, 2005

connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify … Thus, AT & T contends that the “bargained for” doctrine established in Harley Miller is preempted by the FAA. In Perry v.

CSX Transp. v. BD. OF PUBLIC WORKS OF W. VIRGINIA

871 F. Supp. 897 · District Court, S.D. West Virginia · Jan 9, 1995

Ekeblad testified that he did not know of any *902 one qualified as an expert in the field of sales assessment ratio studies other than [opposing expert] Dr. … The Court thus concludes the evidence establishes the level of assessment of non-railroad commercial and industrial property in West Virginia for the 1993 tax year was appropriately calculated at 54.8 percent.

State v. Wade

200 W. Va. 637 · West Virginia Supreme Court · Jul 11, 1997

He contends that the states prohibiting these defenses reason that the commission of a violent felony clearly makes the defendant the initial aggressor. … The State responds that both jurors were qualified to serve and there was no indication that either gentlemen was biased.

Starcher v. Crabtree

176 W. Va. 707 · West Virginia Supreme Court · Aug 25, 1986

Other pretrial determinations of the magistrate were subject to reconsideration if they were contrary to law or clearly erroneous. … remand the case upon a finding that the master's final order is: (1) Arbitrary, capricious, an abuse of discretion, or otherwise not in conformance with the law; (2) Contrary to constitutional right, power, privilege, or immunity

SER H.S. and J.S. v. Hon. J.D. Beane, Judge

814 S.E.2d 660 · West Virginia Supreme Court · May 30, 2018

parents, and relative caregivers as being “persons other than parties” in abuse and neglect case). 8  Thus, under this two-tiered framework, for a person “to qualify … was seeking custody of the child, even though the established permanency plan was for the petitioners to adopt.

Hall v. Putnam County Commission

District Court, S.D. West Virginia · Oct 26, 2022

Furthermore, even if a warrant is defective, so long as it was not “so obviously defective that no reasonable officer could have believed it to be valid” officers are entitled to qualified immunity from suits related to … Ramirez, 540 U.S. 551 (2004) (holding that execution of a facially invalid warrant did not entitle officers to qualified immunity); Smith v. Munday, 848 F.3d 248, 256 (4th Cir. 2017).

COUNTY COM'N OF GREENBRIER CTY. v. Cummings

228 W. Va. 464 · West Virginia Supreme Court · Nov 10, 2011

Discussion That “the county courts [now county commissions] of this State are vested with a wide discretion in the superintendence and administration of the internal police and fiscal affairs of their counties” is well established … Because the respective budgets were prepared in Lambert without this required consultation, the county commissions’ actions in setting the budgets at issue qualified as arbitrary. 182 W.Va. at 148 , 386 S.E.2d at 646 .

Bowman v. Linville

District Court, S.D. West Virginia · Apr 10, 2024

The United States Court of Appeals for the Fourth Circuit has established that district courts should consider the following 2 Although Defendants titled their motion as a “Motion to Set Aside Default Judgment,” the court … Moreover, Defendants’ motion emphasizes that they have a potentially meritorious defense to this action, including a right to qualified immunity, and there is no history of dilatory action by these defendants.

Doak v. Smith

93 W. Va. 133 · West Virginia Supreme Court · Feb 13, 1923

that at the time of the execution he did not have capacity to understand clearly the nature and consequence of his acts, and the objects of his bounty. … The burden of establishing his mental incapacity at the time the deed was signed and acknorvledged rests upon the one who attacks the deed.

State Ex Rel. Hawkins v. TYLER COUNTY BD. OF ED.

275 S.E.2d 908 · West Virginia Supreme Court · Jan 21, 1981

Such duties commonly are within the expertise of the teacher and are such that the teacher is qualified to direct them. … The contract should, however, contain a provision establishing any specific conditions upon which the teacher's employment is premised.