Case law

Cross v. Trapp

170 W. Va. 459 · West Virginia Supreme Court · Jul 14, 1982

The court, however, qualified its holding concerning expert testimony as follows: We are not to be understood as holding, however, that expert medical testimony can be dispensed with entirely in cases of informed consent. … Clearly, those instructions were more favorable to Dr. Trapp than instructions would have been if written pursuant to the patient need standard.

England v. Shufflebarger

152 W. Va. 662 · West Virginia Supreme Court · Mar 4, 1969

The cases are clearly distinguishable. … Jorge de la Piedra, who qualified as a specialist in orthopedic surgery and who first saw the plaintiff on the day following his injury and last saw him and examined him on the day previous to the trial, made the following

Center for Individual Freedom, Inc. v. Ireland

613 F. Supp. 2d 777 · District Court, S.D. West Virginia · Feb 12, 2009

The power of legislatures to regulate elections is well established. Id. at 13, 96 S.Ct. 612 . … Id. at 80 , 96 S.Ct. 612 . (1) MCFL Corporation WVFL asserts that it qualifies as an MCFL corporation. In FEC v. Mass. Citizens for Life, Inc.

Liskey v. Snyder

56 W. Va. 610 · West Virginia Supreme Court · Dec 20, 1904

it to the extent to which Rickard qualifies it in his testimony. … ‘This clearly appears from Rickard’s letter of January 27, 1900.

Gaus v. The General Services Administration Of The United States Of America

District Court, N.D. West Virginia · Mar 17, 2020

is designed to shield from liability because it involves exercising judgment based on considerations of policy, and the case law clearly … establishes that the award of contracts falls within the ambit of the discretionary function exception.

Loomis v. Jackson

6 W. Va. 617 · West Virginia Supreme Court · Jan 7, 1873

The reasons on which this well established rule is founded, are so clearly set forth in Cooleys Con. … And specification 7 charges; “That at the election in Parkersburg, six other persons who are named, who were not qualified voters, voted for Respondent-” *705 Both of these last two specifications are fatally • defective,

McCallister v. Purdue Pharma L.P.

164 F. Supp. 2d 783 · District Court, S.D. West Virginia · Sep 27, 2001

The party seeking to remove a case to federal court has the burden of establishing federal jurisdiction. Id. If federal jurisdiction is doubtful, a remand is necessary. Id. B. … Federal courts enjoy removal jurisdiction only where “a right or immunity created by the Constitution or laws of the United States [is] an element, and an essential one, of the plaintiff’s cause of action.” Gully v.

Hoover v. West Virginia Board of Medicine

216 W. Va. 23 · West Virginia Supreme Court · May 28, 2004

This position is clearly wrong.... If defendants’ position was correct, the need for the signature of local counsel would be obviated.”); Bachmann v. … There is no signature at the bottom of the form-Accordingly, the complaint is deemed insufficient on its face to qualify as a ‘signed complaint’ as required by the Administrative Code.”).

Lance v. Board of Education

153 W. Va. 559 · West Virginia Supreme Court · Jul 8, 1969

That there is no conflict or inconsistency between the two constitutional provisions here involved and the Equal Protection Clause of the Fourteenth Amendment is clearly established by the existence of numerous similar provisions … The statute also disqualified 6926 other non-property taxpayers who were qualified voters in the City of Houma.

Everett J. Frazier, Commissioner, West Virginia Division of Motor Vehicles v. Joshua Simpkins

West Virginia Supreme Court · Sep 20, 2022

Va. at ___, 874 S.E.2d. at 264 (Wooton, J., dissenting) (observing majority exceeded its statutory authority to review administrative revocations and “for the first time established the Supreme Court of Appeals as a fact-finding … Simpkins attempted to qualify this admission in his testimony, OAH also found that the officer 6 “smelled a strong odor of marijuana” when Mr.

Crum v. Ward

146 W. Va. 421 · West Virginia Supreme Court · Jun 20, 1961

"While there was some contrariety in the testimony of the witness, there was nothing which clearly established hostility or surprise. … The court having clearly ruled such argument to he proper, counsel were not required to interrupt the trial by again imposing a further objection.

Haney v. Pittsburgh, C., C. & St. L. R'y Co.

38 W. Va. 570 · West Virginia Supreme Court · Dec 6, 1893

time the collision occurred, several of the workmen jumped from the caboose of No. 3 to the ground, in order to avoid the oftects of the collision, and among them was said Gregory Haney, who in some manner, which is not 'clearly … On the 30th day of August, 1892, Eleanor Haney, who had qualified as administratrix of said Gregory Haney, deceased, brought an action of trespass on the case in the Circuit Court of Hroolce county against said railway company

Farm Family Mutual Insurance v. Thorn Lumber Co.

202 W. Va. 69 · West Virginia Supreme Court · Mar 12, 1998

A claim is not for a “sum certain” where its amount is largely a matter of opinion on which qualified persons might fairly and honestly differ. Hallett Construction Co., 258 Iowa at 529 , 139 N.W.2d at 427 . … Furthermore, when damages are un-liquidated or not clearly ascertainable, a defaulting party is entitled to cross-examine witnesses and present mitigating evidence. See, e.g., Amica Mutual Insurance Co. v.

Beall Plumbing & Heating Co. v. First National Bank

847 F. Supp. 1307 · District Court, S.D. West Virginia · Mar 25, 1994

The certificate of sufficiency stated “I Hereby Certify, That the surety named herein is personally known to me; that, in my judgment, such surety is responsible and qualified to act as such; and that, to the best of my knowledge … As is discussed herein, the plaintiff clearly had the answers to these two questions in March 1989.

State of West Virginia v. George Dumire

West Virginia Supreme Court · Dec 16, 2020

Factual determinations upon which these legal conclusions are based are reviewed under the clearly erroneous standard. … Moreover, the evidence was sufficiently strong so as to establish petitioner’s guilt.

Stout v. Massie

88 S.E.2d 51 · West Virginia Supreme Court · Jul 1, 1955

This finding of the court is against the clear preponderance of the evidence and is clearly wrong. … In view of the foregoing clearly established facts, the welfare of the child would, in my judgment, be best promoted by an award of the custody of the child to the plaintiff which would enable her to be reared in her new

Gallant v. County Commission

212 W. Va. 612 · West Virginia Supreme Court · Nov 27, 2002

The Respondent appears to concede that the jail building is located within an historic district and is listed therein as a “contributing element” and, thus, is a qualifying property, for the mandated review. … section, funded, in whole or in part, by the State shall not include funding from any county’s general revenue fund regardless of whether or not state funds are commingled with the county’s general revenue fund; (3) the establishment

Ball v. Ball

136 W. Va. 852 · West Virginia Supreme Court · Feb 12, 1952

Clearly, they are words of disposition. In the case of Sherwin v. … I think that the Court's opinion in this case establishes a trust on weak implications and thereby disinherits the heirs.

Davis v. Califano

473 F. Supp. 941 · District Court, S.D. West Virginia · May 8, 1979

It has been established that the Secretary may place greater reliance, on the opinions of “B” readers, Sharpless v. … Gaziano’s recordation of the plaintiff’s height, the findings of three other qualified physicians are ignored. On three different occasions Drs.

Bailey v. Southeastern Area Joint Apprenticeship Committee

561 F. Supp. 895 · District Court, N.D. West Virginia · Apr 5, 1983

The Court also finds that the Defendant’s witness, Chris Martin, was qualified in the area of devel *911 oping, evaluating and rating screening mechanisms and is qualified, as is Dr. … Likewise, the Court clearly accepts the proposition that the demographical history of the boilermaking trade is not involved in this litigation.