Case law

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.

State ex rel. West Virginia Regional Jail & Correctional Facility Authority v. West Virginia Investment Management Board

203 W. Va. 413 · West Virginia Supreme Court · Jul 17, 1998

Therefore, as correctly argued by the respondent and the amicus in this case, the threshold for establishing a “substantial” impairment when evaluating a government contract is lower than the threshold for establishing a … Affidavits were submitted on behalf of two eminently qualified actuaries, both of whom cautioned that the proposed withdrawal of $150,000,000 from PERS assets would cause a funding shortfall.

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.

Morgantown v. W. VA. UNIV. MEDICAL CORP.

457 S.E.2d 637 · West Virginia Supreme Court · Apr 13, 1995

enable the corporation, through its employee-physicians, to furnish medical services to patients referred to the West Virginia Medical Center for care; to collect fees for such services through a professional fees office established … Accordingly, W.Va.Code, 8-13-5(d) [1993] and 11-13-3(d) [1983] clearly demonstrate the legislature's intent to exempt charitable organizations from B & O taxation at the state and municipal levels. III.

Lewis County Board of Education v. Michael Holden

234 W. Va. 666 · West Virginia Supreme Court · Feb 5, 2015

Clearly, the safety of the student passengers is a primary intent behind the regulations pertaining to school bus drivers. … The Board’s letter (dated September 11, 2012) clearly states: “[The Board] denied your request for a leave of absence for the 2012-2013 school-year.” (Emphasis added).

Wyant v. Wyant

184 W. Va. 434 · West Virginia Supreme Court · Dec 17, 1990

Wyant] is a college graduate, licensed real estate agent, and well-qualified to support herself.” … “West Virginia Code § 48A-2-8 now requires a family law master or circuit court judge to apply guidelines established by the child advocate office when awarding an amount of child support.” Clay v.

Fulton v. Ramsey

67 W. Va. 321 · West Virginia Supreme Court · Mar 29, 1910

Jurisdiction of the person may be acquired by implication arising out of some act done, or by dárecfi and positive acknowledgment thereof; but, in 'either event, it should clearly appear. … We are satisfied that the defendants did not intend to waive the benefit of their qualified appearance at the time of filing the pleas to the jurisdiction.” In Pendleton v. Russell, 144 U.

Antero Resources Corporation v. Directional One Services, Inc., USA

West Virginia Supreme Court · Apr 8, 2022

The writings were not in conflict but, rather, the rate sheets qualified and gave meaning to the MSA. … Because the rate sheets are more specific than the MSAs and contain terms that focus squarely upon Directional One equipment that Antero (or its agents) lost in hole, the specific language of the rate sheets qualifies the

State of West Virginia v. Matthew Flanders

West Virginia Supreme Court · Jun 3, 2020

Thus, whether petitioner’s life sentence is constitutional turns on whether his felony convictions are “qualifying convictions” such that at least one predicate offense involved violence or a threat of violence. … Here, applying our standard of review, we do not believe that the trial court’s decision was plainly wrong or clearly against the weight of the evidence.

Ferguson v. The Chemours Company FC LLC

District Court, S.D. West Virginia · Nov 3, 2022

Second, there is no immunity if the employer acted “with deliberate intention.” Id. § 23-2-6a. … establish them.

William Christopher Jordan v. Harvey Hawkins, Superintendent, Central Regional Jail

West Virginia Supreme Court · Sep 15, 2023

sufficient for the court to conduct a fair adjudication of the matters raised in the petition, the court shall appoint an attorney to represent the petitioner’s claims in the matter, provided that the petitioner qualifies … We have explained that West Virginia Code § 53-4A-1(a) “establishe[s] a jurisdictional base for habeas relief.” Cline v. Mirandy, 234 W. Va. 427, 433, 765 S.E.2d 583, 589 (2014).

Duke v. Richards

215 W. Va. 470 · West Virginia Supreme Court · Jul 2, 2004

Under these circumstances, a final equitable distribution order is reviewed under an abuse of discretion standard; the underlying factual findings are reviewed under a clearly erroneous standard; and questions of law and … [but] qualify their holdings by saying that a credit will not be available if the result is clearly inequitable.”

Wilson v. Workers' Compensation Commissioner

174 W. Va. 611 · West Virginia Supreme Court · Mar 29, 1984

Clearly, the automobile accident was an independent cause not related to her industrial accident. As we have previously pointed out under Workman v. … We believe the Commissioner and the Appeal Board were correct in establishing the July 23, 1979 date as the relevant point for terminating the temporary total disability award.

L.C.

District Court, S.D. West Virginia · Aug 18, 2026

“A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the … objection on a clearly stated ground.

STATE EX. REL. O'NEILL v. Gay

169 W. Va. 16 · West Virginia Supreme Court · Dec 18, 1981

VIII, § 10, provides in part: “The legislature shall establish in each county a magistrate court or courts with the right of appeal as prescribed by law.” … The right of the defendant to appeal from magistrate court to circuit court in a criminal case should not be qualified by the defendant having to allege and prove error committed by the magistrate court.

Holloway v. Hechler

817 F. Supp. 617 · District Court, S.D. West Virginia · Sep 29, 1992

Rhodes, 393 U.S. 23 , 89 S.Ct. 5 , 21 L.Ed.2d 24 (1968) ] protects the “right of qualified voters, regardless of political persuasion, to cast their votes effectively,” 393 U.S. at 30 , 89 S.Ct. at 10 (emphasis added), and … Section 1 of the Fourteenth Amendment provides: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty

Skaggs v. Eastern Associated Coal Corp.

212 W. Va. 248 · West Virginia Supreme Court · Jul 17, 2002

The regulation states: 4.1.Qualified rehabilitation professionals must utilize the following priorities. … If a lower numbered priority is clearly inappropriate for the injured worker, the next higher numbered priority must be utilized.

Miller v. Wood

229 W. Va. 545 · West Virginia Supreme Court · Jun 18, 2012

Va.Code § 17G-5A-3a(d) neither limits nor qualifies the circumstances in which the Commissioner has a non-discretionary duty to revoke a drivers’ license. While W. … Va.Code § 17C-5-2, the Legislature has clearly stated that a plea of *554 no contest does not constitute a conviction. W. Va.Code § 17C-5A~l(a)(e).

Charleston Natural Gas Co. v. Lowe

52 W. Va. 662 · West Virginia Supreme Court · Mar 30, 1901

Although clause 5 of section 2 of chapter 42 of the Code declares private property may be taken for companies organized for the purpose of transporting carbon oil or natural gas, or both, by means of pipes or otherwise, and qualifies … The establishment of furnaces, mills and manufactures, the building of churches and hotels, and other similar enterprises are more or less matters of public concern, and promote in a general sense, the public welfare.

Lutz v. Williams

84 W. Va. 216 · West Virginia Supreme Court · May 13, 1919

The adjudication in favor of the bank is qualified-by a clause showing the extent to which it goes, namely, a decision against title in the Virginia Timber Company. … The modification of defendant’s instruction No. 4, so as to put in the element of consent, as an ■essential requirement of authority in the bank to convert a special deposit into a general one, was clearly proper.