Case law

Gillingham v. Stephenson

209 W. Va. 741 · West Virginia Supreme Court · Jul 10, 2001

Clearly, to the extent that Ms. Gillingham and Mr. Bumgardner established a prima facie case of negligence in violating traffic statutes, the evidence submitted by Mr. … Stephenson established that it was difficult for anyone to clearly know that black ice was on the roadway. Consequently, numerous drivers lost control of their vehicles and collided.

State v. Conley

118 W. Va. 508 · West Virginia Supreme Court · Apr 3, 1937

Applying these authorities to..the case before, us, we *523 think it fair to say that the defendants, occupying their respective positions, and having qualified as such, entered into a covenant or undertaking with the public … Estoppels do not generally bind a State, that is estoppel by conduct of its officers. *532 ‘Clearly the State cannot be estopped by unauthorized acts of its officers.’ Bigelow on Estoppel, 341; U. S. v.

In re J.C.

West Virginia Supreme Court · Feb 1, 2022

future and in fact she had a therapist now who testified he had not treated and is not qualified to treat those issues.” … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Scotchel v. Karlin

District Court, S.D. West Virginia · Mar 26, 2018

, qualified immunity, the 4 Eleventh Amendment, res judicata, collateral estoppel, the applicable statute of limitations, personal jurisdiction … the ‘well-settled rule’ that a plaintiff may not seek reversal of a state-court judgment simply by casting his complaint in the form of a civil rights action; Supreme Court and [Fourth] Circuit precedent ‘clearly

Maslin v. B. & O. R. R.

14 W. Va. 180 · West Virginia Supreme Court · Nov 16, 1878

Henderson, above cited was the case of a drover’s pass and the contract stipulated for immunity in case of injury from negligence of its agents or otherwise. … The second instruction given by the court should have been further qualified by adding at its end : “Provided such modifications are just and reasonable in law;” but the failure to so qualify it was no injury to the defendant

Preston Corporation v. Raese

236 F. Supp. 135 · District Court, N.D. West Virginia · Nov 13, 1964

Thus, it is clearly apparent to this Court that the ea; parte court orders of Judge Holt, cancelling the share certificates of the infants in Supply Company and directing their re-issue in the name of Jane G. … Record indisputably establishes the principal offices and places of business of these corporations to be in West Virginia. 4b .

Newman v. Kay

68 L.R.A. 908 · West Virginia Supreme Court · Feb 7, 1905

This evidence, which has been hereinbefore fully stated, in my judgment, not only fails to rebut the presumption of a sale in gross arising from the face of the deed, but it clearly establishes the fact that it was intended … Reference is made to the fiduciary character of the vendor, but the decision is clearly not based solely upon his want of authority.'

Lowe v. Ballard

District Court, S.D. West Virginia · May 15, 2023

The Fourth Circuit has established that district courts should consider the following factors in considering motions to set aside default pursuant to Rule 55(c): “whether the moving party has a meritorious defense, whether … Ballard’s motion further emphasizes that he has a potentially meritorious defense to this action, including a right to qualified immunity, and there is no evidence in the record establishing that Plaintiff will be unduly

Boggess v. Positec Tool Corporation

District Court, S.D. West Virginia · May 23, 2024

Plaintiff had not yet retained counsel or “ha[d] a qualified independent expert inspect, test, and document the condition of the hedge trimmer.” … repackaged or placed its own branding upon the hedge trimmer and did not disclose the identity of the manufacturer under § 55-7-31(b)(9), she has stated a claim that Walmart is not entitled to immunity

Rogers v. Rogers

185 W. Va. 102 · West Virginia Supreme Court · Apr 25, 1991

Clearly, the increase in value of the property was due “to a change in market value resulting from conditions outside the control of the parties” under the provisions of W.Va.Code, 48-2-1(f)(6) [1986]. … This Court also wants to point out that we are aware of the provisions of I.R.C. § 71 (1988) and the tax advantages of qualifying alimony payments under that section. See J.

Harper v. Public Service Com'n of West Virginia

291 F. Supp. 2d 443 · District Court, S.D. West Virginia · Nov 19, 2003

Plaintiffs assert that *449 their claims do fall within the Ex Parte Young exception to Eleventh Amendment sovereign immunity. (# 28, pp. 13-16.) … The PSC proceedings clearly were not “brought by the plaintiff to vindicate a wrong which had been inflicted by the State.”

Airgas Mid America v. Joshua Lowe

Intermediate Court of Appeals of West Virginia · Feb 27, 2026

Airgas argues that the Board’s decision is clearly wrong because the video of the incident and the opinion of the only expert of record establish that Mr. Lowe intentionally faked tripping and threw himself into a wall. … Upon review, we conclude that Airgas has not established that the Board’s decision is clearly wrong.

Barlow v. Daniels

25 W. Va. 512 · West Virginia Supreme Court · Apr 4, 1885

"While a common law jury is, as we have seen, ex vi termini, a jury of twelve persons, it is clearly within the power of the people, by a constitutional provision, to make the number less, or, if they choose, to qualify in … The case before us is upon a contract to pay a specified sum of money and is clearly a “suit at common law.”

Cochran v. Appalachian Power Co.

162 W. Va. 86 · West Virginia Supreme Court · Jul 11, 1978

We feel that the complaint, set forth above in full, clearly and unambiguously alleged a breach of contract. … and will not ordinarily be disturbed on appeal unless clearly and prejudicially erroneous.

State of West Virginia v. William T. Wilfong

West Virginia Supreme Court · Nov 17, 2022

Wilfong does not argue that because the conduct prohibited by West Virginia Code § 61-7-7(a)(3) may impact rights protected by the Second Amendment of the United States Constitution, the State has the burden of establishing … Wilfong’s regular use of marijuana over an extended period of time put him on notice that he qualified as an “unlawful user” of a controlled substance, who was prohibited from possessing a firearm under West Virginia Code

Citynet, LLC v. Ray Toney

235 W. Va. 79 · West Virginia Supreme Court · Feb 6, 2015

FACTUAL AND PROCEDURAL HISTORY On January 1, 2008, Citynet established an Employee Incentive Plan (“Plan”). … This means that the plan does not qualify to be a retirement plan like the Citynet 40IK Plan.

State Ex Rel. Farley v. Spaulding

203 W. Va. 275 · West Virginia Supreme Court · Nov 9, 1998

Ratliff is qualified by training and experience to be the Court's Marshal; NOW, THEREFORE, IT IS ORDERED, that Douglas M. … Moreover, W.Va.Code § 8-14-7 (1998) makes it mandatory that every qualified municipality establish a "Policemen's Civil Service Commission." [15] Finally, in order for an individual to become a municipal police officer, W.Va.Code

State v. Spence

182 W. Va. 472 · West Virginia Supreme Court · Dec 20, 1989

On the other hand, we have refused to hold a photographic array unduly suggestive where one photograph depicted a man clearly older than the others, State v. … Even if it were clearly established that the defendant’s name had been given to the victim before she saw the photographs, this information alone would not have tainted the array because the photographs contained no identification

Poteet v. County Commissioners

30 W. Va. 58 · West Virginia Supreme Court · Jun 29, 1887

of curators and guardians and the settlement of their accounts; the establishment of roads and mills, &c. … In the latter case the public might suffer some inconvenience from a prolonged investigation, as the time, when the officer should qualify, might pass during the continuance of the contest, and accordingly under our statute

State v. Leep

212 W. Va. 57 · West Virginia Supreme Court · Jul 26, 2002

In order to qualify as "scientific knowledge," an inference or assertion must be derived by the scientific method. … The EIA test evidence is clearly unreliable, and should not come before a jury.