Case law

Gauze v. Reed

219 W. Va. 381 · West Virginia Supreme Court · Jul 11, 2006

As a non-profit agency, HRDF also qualified for insurance coverage provided through the State of West Virginia by the Board of Risk and Insurance Management, as authorized by W.Va.Code, 29-12-5 [2004]. 1 The Board of Risk … The recor'd, however, clearly shows that the policy provided by NUFIC is not a pure excess insurance policy.

State v. Baker

169 W. Va. 357 · West Virginia Supreme Court · Feb 24, 1982

Clearly, the trial judge did not have the responsibility to insure that the psychiatric examination was conducted because it was not brought to his attention. In State v. Moran, _ W. … The reason for such a rule is well established in West Virginia: ‘The proceedings of the lower court are presumed to be regular, unless the contrary affirmatively appears upon the record, and objections taken for the first

Harmon v. Fayette County Board of Education

205 W. Va. 125 · West Virginia Supreme Court · Jul 21, 1999

But by no stretch of the imagination could this minimal evidence be read to have established that the appellants’ duties require them to “spend[ ] the majority of [their] time in ... … It is now the position of our office that the only other employees who qualify for the supplement are librarians and school counselors. We therefore ask that the February 6, 1990, letter be disregarded.

Wheeling Dollar Savings & Trust Co. v. Hanes

160 W. Va. 711 · West Virginia Supreme Court · Jun 28, 1977

Stifel, Jr. at the time of *715 his death, so as to qualify for a share of the trust distribution. That question was not resolved below and is not before us now. … Va. 703 , 37 S.E.2d 563 (1946), Syllabus Point 1, today overruled, provides as follows: “In the absence of an intention to do so, explicitly set forth in a will creating a trust for a named beneficiary, or clearly shown by

South Penn Oil Co. v. Snodgrass

71 W. Va. 438 · West Virginia Supreme Court · Dec 10, 1912

If the lessee, having discovered minerals within the term, or contemporaneously with the expiration thereof, continues operations with diligence, he thereby obviously executes the chief purpose of the lease, and would be clearly … expectation of any immediate advantage to the lessor other than a rental in the form of delay monév, and with the expectation of delay in drilling until neighboring lands are shown to contain the minerals, and the consequent establishment

Dower v. Seeds

28 W. Va. 113 · West Virginia Supreme Court · Mar 31, 1886

As the evidence clearly and fully established the due execution and acknowledgment of this will of John J. … Weaver, deceased, with leave to the proper persons to qualify themselves as the personal representatives of said testator.

Combs v. Hahn

205 W. Va. 102 · West Virginia Supreme Court · Jun 11, 1999

Oklahoma Nursing Homes, Ltd., 867 P.2d 1241 , 1245 n. 2 (Okla.1993) (citation omitted). 8 However, a few courts have qualified the waiver rule on cer *107 tain grounds. … Combs with the additional burden of proving again an issue upon which she has already unquestionably prevailed. 15 The evidence presented at trial clearly established that Ms.

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 v. Rutherford

223 W. Va. 1 · West Virginia Supreme Court · Dec 2, 2008

It is equally clear that such facts must be established by proof beyond a reasonable doubt.” Apprendi, 530 U.S. at 490 , 120 S.Ct. 2348 (citations omitted). … Significantly, however, the Supreme Court clearly indicated that this rule does not apply to the fact of a prior conviction.

Bruen v. Columbia Gas Transmission Corp.

188 W. Va. 730 · West Virginia Supreme Court · Dec 16, 1992

The line of cases to which the appellant refers is well established. In McGraw Oil Co. v. … Giving this instruction clearly constitutes reversible error because it went to the heart of the case in establishing liability on the part of the appellant.

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

Simms v. Sawyers

85 W. Va. 245 · West Virginia Supreme Court · Dec 5, 1919

Tbe Act further provides that an election shall be held within thirty days from its passage submitting to tbe qualified voters residing within the territory described in tbe act the question of its adoption or rejection; … At the time provided for the election upon the question of the establishment of the independent school district such election was held, and the result thereof was favorable to the establishment of the independent district

State v. Myers

229 W. Va. 238 · West Virginia Supreme Court · Jun 1, 2012

In Syllabus Point 2 of Gill , this Court further held: “The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction … The facts of the petitioner’s case establish that he robbed the One Stop store through its employee, Ms. Bess, who was the store manager. He then individually robbed Mr. *250 Price and then Mr. Torres.

Bevins v. West Virginia Office of Insurance Commissioner

227 W. Va. 315 · West Virginia Supreme Court · Oct 14, 2010

Insofar as he has established a progression or aggravation of his compensable injury, Mr. Greathouse contends that he is entitled to an award of TTD benefits. … Va.Code § 23^1-6(b-e) (2005) (Repl.Vol.2010). 15 *326 Having established the foundation upon which Mr. Bevins and Mr.

Brown Ex Rel. Brown v. Genesis Healthcare

228 W. Va. 646 · West Virginia Supreme Court · Jun 29, 2011

The line of cases that we think is most analogous to nursing home arbitration clauses involves pre-injury contracts immunizing one party from liability for negligence toward another party. … This is, in part, because the term clearly violates public policy.

Wirtz v. Welfare Finance Corp.

263 F. Supp. 229 · District Court, N.D. West Virginia · Jan 7, 1967

Kentucky Finance Co., 359 U.S. 290 , 79 S.Ct. 756 , 3 L.Ed.2d 815 , are clearly distinguishable from the instant case, as well as Household Finance, supra; however, the most recent decision in this area, Beneficial Finance … Prior to having accepted the janitorial job with defendant, he placed advertisements in a local newspaper holding himself out as being qualified for that type of work. The defendant furnishes Mr.

In re Parsons

218 W. Va. 353 · West Virginia Supreme Court · Nov 29, 2005

West Virginia Code § 61-7-7(c) clearly prohibits the restoration of a disqualified person’s ability to possess a firearm “if such possession would ... violate any federal law.” … Several courts have concluded that a live-in girlfriend qualifies as a domestic' relationship under 18 U.S.C. § 921 (a)(33)(A)(ii). See United States v.

Energy Marketing Services, Inc. v. Columbia Gas Transmission Corp.

639 F. Supp. 2d 643 · District Court, S.D. West Virginia · Apr 21, 2009

According to TCO, Credit Suisse stands for the proposition “that conduct subject to comprehensive oversight by a federal regulatory agency can be ‘clearly incompatible’ with, and hence immune from, the antitrust laws.” … West Virginia contract law is not “clearly incompatible” with FERC’s regulatory oversight. Credit Suisse, 127 S.Ct. at 2392 .

WILLIAMS v. United States

District Court, N.D. West Virginia · Oct 3, 2024

to establish why this Court has personal jurisdiction over state actors in Texas.” … Despite that immunity, the Government often would provide counsel to defendant employees or indemnify them.

State v. Smith

178 W. Va. 104 · West Virginia Supreme Court · May 15, 1987

This was clearly explained in State v. … This instruction was overbroad, as none of the witnesses called by the State were paid or immunized.