Case law

Miller v. Neff's

6 L.R.A. 515 · West Virginia Supreme Court · Nov 18, 1889

The administrator, as soon as he qualified, became a party to the controversy, and was therefore, under our statute, a person who could present his petition for an appeal. … It seems to me, therefore, under this authority and the circumstances above stated, that the Circuit Court clearly erred in suppressing said deposition.

Copen v. Hix

130 W. Va. 343 · West Virginia Supreme Court · Jun 24, 1947

On the contrary, I am of opinion that the claimants clearly and affirmatively sustained the burden of proof that there was no such participation on their part. … If that had been the intendment of the Legislature, the qualifying word would not have been used.

Poindexter v. Jeff Sandy

District Court, S.D. West Virginia · Mar 26, 2021

Defendants move to dismiss this claim, arguing that these Defendants are entitled to qualified immunity. Plaintiff did not address this argument in his response and seems to have abandoned this claim altogether. … He has not presented any evidence to support this claim, nor has he offered legal support to rebut Defendants’ qualified immunity claim.

City of Morgantown v. Calvary Baptist Church

West Virginia Supreme Court · Sep 29, 2020

The Church’s appraiser, Douglas Wise, was qualified as an expert and testified that the value of the Partition under the R-1 Single-Family Residential classification was approximately $120,000, while the value as a B-2 … Although not qualified as an expert, Mr.

Dan's Carworld, LLC v. Serian

223 W. Va. 478 · West Virginia Supreme Court · May 13, 2009

Under this interpretation, because it is undisputed that Mr Serian’s purchase of the 2006 truck was for his personal use, the transaction qualifies as a claim under W. … However, where the language of a statute does not clearly express its legislative intent, it must be construed before it can be applied. See Syl. pt. 1, Farley v.

Patricia S. Reed, Comm. W. Va. Dept. of Motor Vehicles v. Dustin Hall

235 W. Va. 322 · West Virginia Supreme Court · May 22, 2015

Hall’s] blood specimens to be submitted to a qualified laboratory for the specimens could be [sic] analyzed for their blood alcohol concentration.” … Standard of Review This Court has previously established the standards for our review of a circuit court’s order deciding an administrative appeal as follows: On appeal of an administrative

State v. Parsons

181 W. Va. 131 · West Virginia Supreme Court · May 16, 1989

This Court has established guidelines concerning the defense of insanity. As we held in syllabus point 2, in part, in State v. … Although not qualified as an expert witness, Ms. Stowers is employed as a licensed practical nurse and had extensive experience working with mentally ill patients at Spencer State Hospital. 9 .

Byrd v. Rector

112 W. Va. 192 · West Virginia Supreme Court · Apr 19, 1932

The most that such procedure does is to deprive defendant of the possession of his property temporarily by establishing a lien thereon. … Until such judgment is obtained, the defendant’s property in the hands of a garnishee is immune from the plaintiff’s grasp.

West Virignia Regional Jail and Correctional Facility v. Shane R. Marcum

239 W. Va. 109 · West Virginia Supreme Court · Apr 26, 2017

Exemption 7(F) most clearly applies to protect law enforcement officials from disclosure of information that could prove threatening to them.... … The government’s interest in ensuring safe and secure military operations clearly overcomes any qualified First Amendment right of access. Dhiab, 852 F.3d at 1097 (internal quotations and citations omitted).

STATE EX REL. LETTS BY LETTS v. Zakaib

433 S.E.2d 554 · West Virginia Supreme Court · Jul 16, 1993

or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or other qualified … This response was inadequate and fails to establish good cause as required by the rule.

Delardas v. CTY. COURT OF MONONGALIA CTY.

217 S.E.2d 75 · West Virginia Supreme Court · Jul 29, 1975

These seven classes and the minimum and maximum valuation of property, all classes, established to determine the classification of each county are as follows: Minimum Assessed Maximum Assessed Valuation of Property Valuation … Code 1931, 7-1-5a, as amended" are to be regarded as specific references within the 1972 Act, unless otherwise qualified.

State v. Farley

125 W. Va. 266 · West Virginia Supreme Court · Dec 15, 1942

It was error for the court to admit testimony of the witness, Emma Jean Adkins, that defendant had slept in bed with Lorraine Adkins, wife of deceased, because said witness was not properly qualified to testify and said testimony … It is quite clearly established that Adkins was not armed.

State ex rel. Murray v. Public Service Commission

153 W. Va. 203 · West Virginia Supreme Court · Jun 24, 1969

Upon Hutchinson’s death, the petitioner qualified as administrator of his estate and as such came into possession of said certificates. He here alleges that he continues to hold these certificates. … Certainly, in the circumstances of this case, the Commission was under no duty to perform the act demanded. *210 As the petitioner has failed to establish a clear legal right to the relief sought, the writ of mandamus will

Kanagy v. Fiesta Salons, Inc.

208 W. Va. 526 · West Virginia Supreme Court · Dec 5, 2000

Employing the reasoning underlying the Birthisel conclusion and Justice Maynard’s dissent in Tudor , other jurisdictions have encountered situations in which the underlying policy failed to qualify as a substantial public … Conclusion We find that West Virginia Code of State Regulations § 3-5-3 clearly provides a substantial public policy sufficient to support a claim for wrongful discharge where an employee is discharged in retaliation for

Villers v. BD. OF TRUSTEES, SHEET METAL WORKERS'

901 F. Supp. 1111 · District Court, S.D. West Virginia · Sep 20, 1995

The foregoing clearly demonstrates the Plan has discretion to interpret and apply the terms of its governing documents. … Those arguments, however, are clearly devoid of any merit. 6 .

Burgess v. Butz

423 F. Supp. 27 · District Court, S.D. West Virginia · Aug 31, 1976

Some miners, including the named plaintiffs, sought food stamps, and were otherwise qualified for them financially, but were denied them since the strikes (at least as to certain plaintiffs) had been enjoined as illegal. … Upon further reflection, and based upon a thorough reexamination of the file in this case, the Court holds that the instant civil action is clearly moot. I.

In re A.C., Jr.

West Virginia Supreme Court · Apr 6, 2020

The circuit court also found that, despite these prior services, petitioner failed to properly and timely provide medical care for the child, even though the child qualified for free health insurance coverage. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

State of West Virginia v. Darrell K. Davis

231 W. Va. 696 · West Virginia Supreme Court · Oct 2, 2013

This Court has previously explained, however, that an accused’s right to self-representation is a qualified one. … The petitioner clearly understood this admonition.

Mingo County Equal Opportunity Council v. State Human Rights Commission

180 W. Va. 240 · West Virginia Supreme Court · Nov 30, 1988

In McDonnell Douglas, a case which involved racial discrimination in hiring practices, the Court suggested that the initial burden could be carried by a person who establishes “(i) that he belongs to a racial minority; (ii … Whitt was sixty-two years of age at the time of the alleged discrimination and was suspended, clearly an adverse action.

In Re: The Marriage of: Guy L. Brown II v. Sarah Jarvis

West Virginia Supreme Court · Oct 13, 2017

In its March 30, 2016, order, the family court denied petitioner’s motion to amend the parties’ February 28, 2001, qualified domestic relations order (“QDRO”) on the ground that he requested the retroactive application of … We find that the Legislature clearly expresses itself when it intends a domestic relations statute to have retroactive effect.