Case law

Huffman v. Alderson's Admr.

9 W. Va. 616 · West Virginia Supreme Court · Oct 31, 1876

But the terms of both these laws, clearly, show that the legislature intended they should have a retrospective operation. … The defendant asked an instruction that the lapse of five years barred the action, but the court properly qualified it, by directing the jury to exclude from the computation the times named in the first and second special

Koger v. Mutual of Omaha Ins. Co.

152 W. Va. 274 · West Virginia Supreme Court · Jun 25, 1968

Va. 533 , on page 540, is qualified.” The Beckley decision is cited as authority to sustain the position of the Supreme Court of Maine in the case of Hinds v. Ins. Co., 155 Me. 349 , 155 A. 2d 721 , 85 A.L.R. 2d 703 . … In her pre-trial deposition which it was agreed could be used for “the purpose of discovery, or for use as evidence in said case, or for both purposes,” the plaintiff clearly stated that her husband took a gun from where

Seabright v. Seabright

28 W. Va. 412 · West Virginia Supreme Court · Sep 18, 1886

The report of commissioner Morris shows clearly, that Charles W. … The bill was clearly not filed to hold Charles W.

West Virginia Department of Transportation v. Dodson Mobile Homes Sales & Services, Inc.

218 W. Va. 121 · West Virginia Supreme Court · Nov 17, 2005

One tract was large enough to continue to accommodate the furniture store and the mobile homes sales business and the remaining tract was a .73 acre triangle-shaped parcel located across the road from these establishments … There is no question that Appellant prevailed on the inverse condemnation counterclaim in a court having jurisdiction and, therefore, qualifies for reimbursement “for any reasonable expenses, including reasonable attorney

Lester v. State Workmen's Compensation Commissioner

161 W. Va. 299 · West Virginia Supreme Court · Mar 7, 1978

Our statute is not strictly a compulsory one, the employer may or may not qualify under it. The penalty for not doing so is to deprive him of the defenses enumerated. … Once the employer-employee relationship is established, the statute imposes certain duties and responsibilities on the parties to that relationship.

Pope v. Edward M. Rude Carrier Corp.

138 W. Va. 218 · West Virginia Supreme Court · Apr 21, 1953

from any injury and the defendants Rude and Du Pont owed him the duty, of securing him immunity against injury from the maintenance of such nuisance; that notwithstanding the duty owed to the plaintiff by the defendants … As each count of the declaration, however, clearly, positively and definitely charges that the relation between the defendants was that of master and servant, and as the material allegations of each count to that effect must

SLIGHT BY AND THROUGH SLIGHT v. EI Du Pont De Nemours & Co.

979 F. Supp. 433 · District Court, S.D. West Virginia · Sep 23, 1997

A party wishing to establish fraudulent joinder must establish either: [t]hat there is no possibility that the plaintiff would be able to establish a cause of action against the in-state defendant in state court; or that … will apply in resolving the case, 2 and Plaintiffs have identified no comparable English law theory of liability against Winterkamp; and (4) Plaintiffs’ second theory of liability against Winterkamp—that an employee is not immune

Beard v. Callison

133 W. Va. 121 · West Virginia Supreme Court · Jul 6, 1949

The subsequent reference to the 191 acres, the 210 acres, and the 500 acres, though identifying each of the tracts by its known designation, specifies the manner in which the land shall be divided and is qualified by the … Beard, it is clear that his course of *134 conduct prior to the institution of this suit did not constitute or establish a binding election upon his part.

Jones v. Home Loan Investment, FSB

718 F. Supp. 2d 728 · District Court, S.D. West Virginia · Mar 22, 2010

Plaintiff *737 contends, in essence, that defendants did not properly qualify her for the loan she was given as evidenced by her inability to pay it off. … The court in Ocwen summarized its conclusions as follows: "[s]ome of the charges are pretty clearly, even certainly, preempted, as we have tried to indicate.

State v. Hulbert

209 W. Va. 217 · West Virginia Supreme Court · Mar 12, 2001

According to the State, the key to whether an out-of-state offense can qualify as a predicate offense is determined by whether the foreign conviction was for an offense that substantially parallels the elements of offenses … However, the State may introduce other comparable documents of record or transcripts of prior proceedings to establish criminal history.

SER Carl L. Harris, Prosecuting Attorney v. Hon. John W. Hatcher, Judge

236 W. Va. 599 · West Virginia Supreme Court · May 29, 2014

Malay’s position as a school bus driver qualified him as either a custodian 4 or person in a position of trust in relation to a child 5 under West Virginia Code § 61-8D-5. Thereafter, Mr. … Longerbeam’s motion for acquittal, clearly believing the evidence sufficient to convict.

State v. Johnson

157 W. Va. 341 · West Virginia Supreme Court · Dec 18, 1973

Code, 52-1-4, as amended, provides: “The jury commissioners . . . shall . . . prepare ... a list of such inhabitants of the county, not exempted or disqualified by law as aforesaid, as they shall think well qualified to serve … “Where instructions given clearly and fairly lay down the law of the case, it is not error to refuse other instructions on the same subject. The court need not repeat instructions already substantially given.”

Williamson v. Greene

200 W. Va. 421 · West Virginia Supreme Court · Jun 2, 1997

The term ‘substantial public policy5 implies that the policy principle will be clearly recognized simply because it is substantial. … The denial of these rights to 'properly qualified persons by reason of race, religion, color, national origin, ancestry, sex, age, blindness, handicap, or familial status is contrary to the principles of freedom and equality

State Ex Rel. Chemtall Inc. v. Madden

216 W. Va. 443 · West Virginia Supreme Court · Dec 2, 2004

The burden of establishing the existence of these requirements is upon the party or parties seeking class certification. … Further, the Court finds that the representative Plaintiffs’ interests are not in conflict with the proposed classes and that Plaintiffs’ attorneys are adequately qualified, experienced and generally able to conduct the litigation

John D. Flowers and Dave Flowers v. Max Specialty Insurance Company and Darin I. Drane v. Max Specialty Insurance Company

234 W. Va. 1 · West Virginia Supreme Court · Jun 4, 2014

To the contrary, Max Specialty avers that coverage for the injured patrons’ claims is not established by the CGL part of the policy. … Max Specialty argues that Drane’s gunshot wound clearly falls un *13 der this definition.

Grayam v. Department of Health & Human Resources

201 W. Va. 444 · West Virginia Supreme Court · Nov 21, 1997

Appellant maintains its statutory right to assignment clearly demonstrates the legislature’s decision to overrule Kittle . … Kennedy indubitably qualifies as "another person” who is legally liable for the expenses paid by Appellant on behalf of James. W. Va.Code § 9-5-11 (Supp.1993 & Supp.l995). 18 .

Doe v. City of Gauley Bridge

District Court, S.D. West Virginia · Aug 22, 2022

enough to establish a policy or custom attributable to [the City].” … Code § 29-12A-4(c) can survive immunity from liability under the general grant of immunity in W. Va. Code § 29- 12A-4(b)(1).”

In Re Flood Litigation Coal River Watershed

222 W. Va. 574 · West Virginia Supreme Court · Jun 26, 2008

Several thousand such claims were consolidated and assigned to the Mass Litigation Panel (“the Panel”) established by this Court pursuant to Trial Court Rule 26.01. … The circuit court allowed substantial voir dire of the plaintiffs’ experts by the defendants before qualifying the experts to testify to the jury, which voir dire firmly established their professional credentials and substantial

State v. Glover

183 W. Va. 431 · West Virginia Supreme Court · Jul 25, 1990

Clearly, the interviewing of the alibi witnesses and the filing of the notice of alibi in this case were matters involving “legal judgment.” … performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client's interests, unless no reasonably qualified

In re R.M., B.M., and H.M.

West Virginia Supreme Court · Nov 12, 2025

These findings shall not be set aside by a reviewing court unless clearly erroneous. … These findings shall not be set aside by a reviewing court unless clearly erroneous.