Case law

Webster County Board of Education v. Davis

West Virginia Supreme Court · Mar 26, 2021

To qualify for an ECCAT class title, a school service employee must meet certain requirements that are not necessary to hold the class title of Aide. … seniority for Aide and ECCAT class titles accrue independently from each other for purposes of a reduction in force, regardless of which level of ECCAT classification is held, and regardless of whether an ECCAT employee qualifies

State Ex Rel. Allstate Insurance v. Gaughan

220 W. Va. 113 · West Virginia Supreme Court · Nov 30, 2006

The circuit court then concluded that “while Request No. 5 and Interrogatory No. 10 are burdensome, the discovery requests are not overly burdensome and do not qualify as oppressive.” … Under the factors established in Stephens , Allstate was not entitled to a protective order.

State v. Hardway

182 W. Va. 1 · West Virginia Supreme Court · Jun 16, 1989

(emphasis supplied) Because this juror’s relationship with the prosecutor’s secretary was not “established” until after trial, the appellant never had the opportunity to obtain individual voir dire based on the establishment … Therefore, the appellant’s contention that she was denied effective assistance of counsel is clearly without merit. V.

Brannon v. Perkey

127 W. Va. 103 · West Virginia Supreme Court · Oct 17, 1944

It is asserted that an ordinance was passed but the passage and present existence of such ordinance is not established. … The provisions of the Charter of the City of Weston hereinabove quoted are without ambiguity, the language is imperative, positive, and unequivocal, and the legislative intent is clearly expressed.

Harper v. Public Service Com'n of WV

427 F. Supp. 2d 707 · District Court, S.D. West Virginia · Apr 11, 2006

These burdens are clearly excessive in relation to any benefit achieved by virtue of West Virginia Code 24A-2-5’s certification requirement. E. … There clearly is a causal connection between the PSC’s actions and deprivation of Plaintiffs’ federally protected rights. Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir.1978). I.

United Fuel Gas Co. v. Public Service Commission

143 W. Va. 33 · West Virginia Supreme Court · Jul 5, 1957

supply of local gas adequate to meet its local demands, and does in fact use such gas as its principal supply for local demands”, upon the testimony of the witness Blundon, one of the consultants to the commission and a qualified … The evidence clearly shows that large quantities of gas produced in Kentucky and in the Southwest through facilities located outside this State are delivered to and used by West Virginia consumers.

Rhoades v. Chesapeake & Ohio Railway Co.

55 L.R.A. 170 · West Virginia Supreme Court · Jun 13, 1901

It also alleges a breach of this contract and so establishes a cause of action. … But this in no way conflicts with what is said in sec. 457, and its utter inapplicability to the case stated in the declaration, as well as to' the terms of the paper, dated April 27th, is clearly apparent.

Ramey v. State Compensation Commissioner

150 W. Va. 402 · West Virginia Supreme Court · Feb 15, 1966

Thereupon the witness qualified his previous testimony in relation to the subject of processing such claims. *408 After the ruling of compensability was made by the commissioner on September 6, 1963, the employer appealed … While this Court is required to give weight to findings of fact made by the workmen’s compensation appeal board, such findings will be reversed if not supported by the evidence and if they are, for that reason, clearly wrong

Scott B. v. Ralph Terry, Acting Warden

West Virginia Supreme Court · Jan 8, 2018

Petitioner clearly had established a level of familiarity with G.H. Jr. that allowed for them to be together on petitioner’s property hunting and playing during which the sexual abuse took place. … Petitioner established a routine with G.H. Jr. whereby he had temporary physical custody of the child during the times that he sexually abused him.

Point Express, Inc. v. Public Service Commission

148 W. Va. 732 · West Virginia Supreme Court · Jul 7, 1964

A new effective date for filing rules is established thereby.] The rule in question, M. C. … In that case, the Court stated: “The Railway Express Agency is a corporation qualified to transact business in all states.

In Re: C.C. and H.S.

West Virginia Supreme Court · Oct 23, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … As such, petitioner argues that a less-restrictive dispositional alternative than termination would have been temporary commitment of the child to the State or another qualified person. Id.

Fain v. Crouch

District Court, S.D. West Virginia · May 19, 2021

Here, Fain argues that Congress clearly and unambiguously conditioned federal Medicaid funding on states’ waiver of immunity for nondiscrimination provisions when it enacted Section 1003 of the Civil Rights Remedies Equalization … WVDHHR’s Motion is denied as to immunity.

Luis B. v. Linda B.

West Virginia Supreme Court · Apr 7, 2017

employer made the contribution ten months after the date of the parties’ separation, and though petitioner was 3 required to be employed on the last day of the year to qualify … Code § 48–13–701 (“The guidelines in child support awards apply as a rebuttable presumption to all child support orders established or modified in West Virginia.”). Soulsby v.

Smith v. Rusmisell

205 W. Va. 261 · West Virginia Supreme Court · Jul 14, 1999

Ross contends that the evidence presented during the confirmation hearing established that its bid was not “grossly inadequate.” … He offered the testimony of Steven Holmes, a qualified real estate appraiser, who valued the Ridgeway property at $675,-000.00.

Van Winkle v. Blackford

28 W. Va. 670 · West Virginia Supreme Court · Oct 23, 1886

We will now consider, whether the plaintiff established his cause by the evidence before the jury. … But an ordinary bond executed to a dead person would clearly be void.

Webster County Board of Education v. Davis

West Virginia Supreme Court · Mar 26, 2021

To qualify for an ECCAT class title, a school service employee must meet certain requirements that are not necessary to hold the class title of Aide. … seniority for Aide and ECCAT class titles accrue independently from each other for purposes of a reduction in force, regardless of which level of ECCAT classification is held, and regardless of whether an ECCAT employee qualifies

Donnally v. Payne

89 W. Va. 585 · West Virginia Supreme Court · Nov 22, 1921

As the evidence is to be viewed as if it stood upon a demurrer thereto, that of the plaintiff, in the instances of conflict, is to be taken as true, in the absence of something conclusively establishing the contrary. … As the verdict is sustained upon this theory, it is clearly unnecessary to enter upon any inquiry as to the sufficiency of other grounds of liability insisted upon.

Kanawha Co. Public Library Bd. v. Board of Education of the County of Kanawha

231 W. Va. 386 · West Virginia Supreme Court · Feb 22, 2013

Certainly nothing in our precedents would suggest that such an act of the Legislature would somehow be immune from equal protection scrutiny, to the extent such an act creates the critical “lack of uniformity” in the educational … This characterization did not, however, establish the outer boundaries of the lack of uniformity. .

Cox v. Cabell Huntington Hospital, Inc.

863 F. Supp. 2d 568 · District Court, S.D. West Virginia · Mar 2, 2012

Specifically, Defendant argues that Plaintiff must provide a screening certificate of merit executed under oath by a qualified *570 expert before filing this suit. Def.’s Mem. in Supp. … However, this provision clearly incorporates state law only as a measure of damages, and does not incorporate procedural requirements for pursuing an EMTALA action.

Fredeking v. Grimmett

140 W. Va. 745 · West Virginia Supreme Court · Mar 22, 1955

Fredeking qualified as administrator of the estate of J. G. Fredeking and continued to act as such until the estate was settled in October, 1948. While acting as administrator W. T. … The evidence shows clearly that the plaintiffs are entitled to recover from the defendant O. R.