Case law

Spradlin v. Henson

District Court, S.D. West Virginia · May 10, 2019

In the rare instance when the face of a complaint clearly demonstrates a prisoner’s failure to exhaust administrative remedies, sua sponte dismissal on that ground is appropriate. … To establish a constitutional claim of excessive force, a plaintiff must show that a prison official “inflicted unnecessary and wanton pain and suffering.” Taylor v.

Anthony W. Ferris v. Special Metals Incorporated

Intermediate Court of Appeals of West Virginia · Apr 7, 2026

Phillips’ office are unreadable, but “it is certain that the examiner is not CCC-A qualified as required.”4 Mr. … Raising a mere specter of allegations, wholly unsupported by the record, does not establish error.

State of West Virginia v. David A. Thompson

West Virginia Supreme Court · Sep 6, 2016

Petitioner argues that he was not properly identified beyond a reasonable doubt as the individual who exchanged the marked money for cocaine because Officer Adkins qualified his identification with the word “appeared[.]” … The evidence also established that petitioner conspired with his brother to facilitate those deliveries of cocaine.

State v. Burnett

47 W. Va. 731 · West Virginia Supreme Court · Apr 7, 1900

It is true that section IS of chapter 86, of the Acts of 1891, establishing a court of limited jurisdiction in Fajmtte County, provides that when the judge is; from sickness or other cause, incapable of acting, or is absent … The judge-must be appointed and qualified in due form of law. 1 Bish. Cr. Proc. § 314.

Brown v. Yost

District Court, N.D. West Virginia · Oct 30, 2017

“Judicial immunity is immunity from suit, not just the ultimate assessment of damages.” Mireles v. Waco, 502 U.S. 9, 11 (1991). … Clearly, the acts were judicial and nature and were clearly within their                                                         3 The motion reflects that on November 18, 2016, the motion was granted

Transamerica Occidental Life Insurance v. Burke

179 W. Va. 331 · West Virginia Supreme Court · Mar 11, 1988

The decedent was covered under an employee life insurance plan and under an employee pension plan established by his employer, Kelly Foundry & Machine Company, Inc. … Elkins, 114 W.Va. 742 , 175 S.E. 611 (1934), the Court held that “[t]he term ‘children’ in its primary sense, and in the absence of qualifying words and provisions, means issue of the first degree.

Crouch v. Siemens Short-Term Disability Plan

662 F. Supp. 2d 553 · District Court, S.D. West Virginia · Sep 29, 2009

Bowden clearly felt that plaintiffs condition was greatly affected by his use of alcohol, and in a June 2006 visit to the emergency department at CAMC, plaintiffs chief complaint was that he needed help with his alcohol abuse … It appears that MetLife did, in fact, look into this possibility but found that plaintiff would not qualify. (Doc. No. 18-6 at SM-100390.)

State Ex Rel. Wells v. Matish

215 W. Va. 686 · West Virginia Supreme Court · Jul 21, 2004

The petitioner argues that the costs of arbitration are prohibitive; that WBOY-TV misrepresented the costs of arbitration when his contract was negotiated; and that arbitrators are neither qualified nor authorized to determine … The Federal Arbitration Act clearly applies in this case. See Allied-Bruce Terminix Cos., Inc. v.

United States v. Brodnik

710 F. Supp. 2d 526 · District Court, S.D. West Virginia · Apr 29, 2010

The allegations implicate the well-established tenets of tax law discussed above. … Evanson and the others established companies which dealt in insurance and real estate.

Anthony W. Ferris v. Special Metals Incorporated

Intermediate Court of Appeals of West Virginia · Apr 7, 2026

Phillips’ office are unreadable, but “it is certain that the examiner is not CCC-A qualified as required.”4 Mr. … Raising a mere specter of allegations, wholly unsupported by the record, does not establish error.

Eaton v. City of Parkersburg

198 W. Va. 615 · West Virginia Supreme Court · Dec 20, 1996

and a meeting with HUD indicating that Parkersburg was in danger of losing $207,000 in CDBG money and being placed on a “reimbursement plan,” which would require the city to front the money and be reimbursed by HUD for qualifying … be clearly demonstrated that the demotion of the employee is based on an objective and documented basis. 5.

Goshorn's Ex'r v. Snodgrass

17 W. Va. 717 · West Virginia Supreme Court · Apr 30, 1881

Fraud may be inferred from facts calculated to establish it.” It seems to me that this syllabus announces a correct principle. … This proposition can be admitted only in a qualified and very limited sense.

State Ex Rel. Deblasio v. Jackson

227 W. Va. 206 · West Virginia Supreme Court · Jan 27, 2011

Discussion In West Virginia, state courts are required by W.Va.Code, 59-2-1 [1999], to permit qualified indigent people to initiate civil actions without the prepayment of fees, costs, or security. … Clearly, the merits of a civil action proposed to be filed in forma pauperis is not one of the enumerated factors.

Goines v. Rockefeller

338 F. Supp. 1189 · District Court, S.D. West Virginia · Jan 28, 1972

The procedures and mechanics by which these figures were employed in population adjustments are -not clearly disclosed by the record. … Clearly, courts should attempt to accommodate the relief ordered to the apportionment provisions of state constitutions insofar as is possible.

Osnes v. Morris

171 W. Va. 266 · West Virginia Supreme Court · Dec 14, 1982

We noted that even though incorporation of a church is illegal in this State, “if there is a foreign corporation validly and legally established under the laws of another state, a bequest made in this State is valid if such … Many such bequests have been upheld, [citation omitted] Let it be clearly understood that there is nothing in our laws or policy against the dissemination of religion or ‘the true advancement of Christianity.’

Robert Lee Lewis v. Donnie Ames, Superintendent

West Virginia Supreme Court · Nov 21, 2019

Currier’s second trial qualified as the retrial of the same offense under Ashe, he consented to it.” Id., 138 S. Ct. 2144, 2150. … Va. 573, 580, 678 S.E.2d 306, 313 (2009)(“No principal of procedural due process is more clearly established than notice of the specific charge, and a chance to be heard in a trial of the issues raised by that charge.”

Jb v. Ab

242 S.E.2d 248 · West Virginia Supreme Court · Mar 14, 1978

Accordingly we must attempt to establish the age perimeters within which the presumption is intended to operate. … Regardless of whether a father actually wants custody or would be qualified for it, a demand for custody will have an ominous effect upon a mother.

Pennybacker v. Laidley

33 W. Va. 624 · West Virginia Supreme Court · Mar 25, 1890

This then is the plaintiff’s own testimony in regard to a matter as to which no one was so well qualified to testify as herself. … There is no doubt that courts of equity will correct mistakes of the scrivener in drawing a deed, when he has not drawn it in accordance with the clearly established directions, and intentions of the parties.

State v. Smith

220 W. Va. 565 · West Virginia Supreme Court · Jun 28, 2007

Scurlock, 99 W.Va. 629 , 130 S.E. 263 (1925), indicating that the admission of rebuttal evidence is within the discretion of the trial court and that the exercise thereof is rarely reversed, “unless the defendant is clearly … The latter Rule, in subsection (b), provides that, upon notice of an alibi defense, the State shall disclose “the names and addresses of the witnesses upon whom the State intends to rely to establish the defendant’s presence

State v. Davis

31 W. Va. 390 · West Virginia Supreme Court · Jun 30, 1888

The court thereupon directed the sheriff to summon another qualified juror, which was accordingly done, and one G. W. … The act of 1882, taking away the right of the jury to fix the punishment, is clearly constitutional. There is no error in the judgment of the Circuit Court, and it is affirmed. Al'JfIRMKI).