Case law

Watkins v. Lincare Inc.

District Court, S.D. West Virginia · Aug 24, 2023

response that admits certain matters, if possible, but denies or gives a qualified answer to the rest; or (5) an objection on a clearly stated ground—for example, on the basis that the matter demanded to be admitted is … But that is incorrect, because the facts that Plaintiff is asked to apply are not uncontroverted and established facts.

Bralley v. Tidewater Coal & Coke Co.

66 W. Va. 278 · West Virginia Supreme Court · Nov 16, 1909

. • It ought to be qualified by *284 limiting its application to the neglect of the mining boss in-the performance of those duties which are not also expressly enjoined upon the operator. … All of the above cases are clearly distinguishable from the present one, and should not control it.

Keene v. United States

81 F.R.D. 653 · District Court, S.D. West Virginia · Feb 14, 1979

In this action Plaintiffs seek declaratory and injunctive relief to establish their right to obtain and use laetrile (Vitamin B17, amygdalin) without governmental interference for the purpose of treating cancer. … Professor Wright states: “It is clearly contemplated that every judgment in every class action will bind all of the members of the class except for those who have asked to be excluded in a (b)(3) action.”

State Ex Rel. Dunlap v. McBride

225 W. Va. 192 · West Virginia Supreme Court · Mar 4, 2010

Dunlap sought to establish ineffective assistance of counsel on various grounds. Mr. … The first matter that must be clearly understood is that the issue raised by Mr.

Wilson v. City of Wheeling

19 W. Va. 323 · West Virginia Supreme Court · Mar 25, 1882

And here we wish to be clearly understood in making the distinction between such dangers, as are incident to and consequent upon the nature of the work itself, and those which result from an improper execution of it. … The foregoing being correct views in principle, the last named instruction should have been qualified in accordance therewith, strictly speaking.

David G. Maher and Amy C. Maher v. Camp 4 Condominium Association, Inc.

Intermediate Court of Appeals of West Virginia · Nov 15, 2023

Association allegedly violated, and they presented no names of Association directors who they allege had knowledge of any violations of a specific applicable health or building 6 Section 36B-4-109(b) also immunizes … Clearly, ‘construction defects’ are synonymous with building and health and safety code 7 The Mahers arguments to this Court make numerous general references to hundreds of pages of pleadings and exhibits

State Ex Rel. Booth v. BOARD OF BALLOT COM'RS

196 S.E.2d 299 · West Virginia Supreme Court · May 1, 1973

As to whether mandamus is the proper remedy to try title to a public office, the scope of the writ has not been clearly defined in this jurisdiction. State ex rel. Porter v. … While the Constitution, Article VIII, § 24, clearly declares that the election contest for county and district offices shall be tried by the county court, it also qualifies that power by subjecting it "to such regulations

Holland v. Flanagan

139 W. Va. 884 · West Virginia Supreme Court · May 25, 1954

They do qualify such denial by saying that people did walk over the way. No person testified as to any person using it with a claim of right to do so, except Messrs. Tackett and Ruston and the school authorities. … We think however, that the testimony clearly preponderates in favor of the plaintiffs. As stated above, it was the duty of the defendant to establish by proof the affirmative of the controlling issue.

Conner v. Griffith

160 W. Va. 680 · West Virginia Supreme Court · Sep 20, 1977

Although we have not had occasion to define its full scope, our Double Jeopardy Clause provides immunity from further prosection where a jury in a court having jurisdiction has acquitted the accused. … Louk also correlated the due process rights required at a probation revocation hearing with those at a parole revocation hearing. 17 Clearly from the foregoing cases this Court has accorded substantial due process rights

Smith v. Animal Urgent Care, Inc.

208 W. Va. 664 · West Virginia Supreme Court · Nov 3, 2000

First, it is well-established that this Court reviews summary judgment rulings pursuant to a plenary standard of review. See Syl. Pt. 1, Painter v. Peavy, 192 W.Va. 189 , 451 S.E.2d 755 (1994). … Clearly, our holding that intent will be im *670 plied as a matter of law in instances of sexual misconduct extends logically to allegations of sexual harassment. 15 The United States District Court for the Southern District

State v. Wilson

190 W. Va. 583 · West Virginia Supreme Court · Dec 15, 1993

However, we also explained at syllabus point 2 of Vance that “[i]t is a well-established rule of appellate review in this state that a trial court has wide discretion in regard to the admissibility of confessions and ordinarily … Counsel for the Appellant made no objection to such questioning or the answer given by Sergeant Estep which clearly informed the jury that the results indicated that the Appellant had been lying.

Ashlee R. Hull v. Dr. Muhammad Samar Nasher-Alneam

West Virginia Supreme Court · Feb 24, 2020

Qureshi was not qualified to render an expert opinion. … This Court has established that “[a]ppellate review of a circuit court’s order granting a motion to dismiss a complaint is de novo.” Syl. Pt. 2, State ex rel.

Tony Coffman v. Nicholas County Commission

238 W. Va. 482 · West Virginia Supreme Court · Feb 9, 2017

“Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. pt. 1, Chrystal R. M. v. Charlie A. … This process does not require a petition by qualified voters or freeholders or an election. Instead, the municipality must petition the county commission for permission to annex.

Verizon Services Corp. v. Board of Review of Workforce West Virginia

811 S.E.2d 885 · West Virginia Supreme Court · Mar 13, 2018

“The findings of fact of the Board of Review of [WorkForce West Virginia] are entitled to substantial deference unless a reviewing court believes the findings are clearly wrong. … Additionally, we believe that the Act was clearly designed to serve not only the interest of qualifying unemployed persons, but also the general public. Childress v.

Foster v. Orchard Development Co., LLC

227 W. Va. 119 · West Virginia Supreme Court · Nov 23, 2010

as established by the Executive Board. … Clearly, the amendment process is easier for the Design Guidelines than for the Covenants.

State v. Driver

88 W. Va. 479 · West Virginia Supreme Court · Apr 26, 1921

Guthrie was examined as a witness by the defendant and after having qualified as an expert by showing his long familiarity and practice as a physician with nervous diseases generally, and with lunatics and imbeciles, he was … Instructions are designed to define for the jury, and to direct their attention to, the principles of law which apply to and govern the facts established.

Jairo Ramon Munoz Martinez v. Christopher Mason, et al.

District Court, S.D. West Virginia · Feb 27, 2026

After this court’s and this district’s multitude of rulings, state officials are clearly on notice, and the petitioners’ liberty interests have clearly been established. … For state jail officials, those consequences include personal civil liability without qualified immunity protection.

Miguel Antonio Dominguez Izaguirre v. Christopher Mason, et al.

District Court, S.D. West Virginia · Feb 27, 2026

For state jail officials, those consequences include personal civil liability without qualified immunity protection. … After this court’s and this district’s multitude of rulings, state officials are clearly on notice, and the petitioners’ liberty interests have clearly been established.

State v. Pratt

161 W. Va. 530 · West Virginia Supreme Court · May 2, 1978

Code, 56-6-12 “... clearly requires the court to provide for an adequate voir dire to the end that a juror be fully qualified, not related to either party, with no interest in the cause or sensible of any bias or prejudice … The Court, through Justice Caplan, wrote: “Furthermore, it is now well established that, in the event a defendant in a criminal case objects *540 to the admissibility of evidence on the ground of unlawful search, the question

Town of Fulton v. Norteman

60 W. Va. 562 · West Virginia Supreme Court · Nov 20, 1906

In such cases, invalidity seems clearly tobe referable, not to unreasonableness in the ordinance, but to lack of municipal power. … The ordinance under which this conviction was obtained, on its face, bears some relation to the subjects of protection to health and immunity from injury, annoyance and offensiveness; but its effect is limited to three subjects