Case law

Arnoldt v. Ashland Oil, Inc.

186 W. Va. 394 · West Virginia Supreme Court · Dec 19, 1991

The issue presented on appeal is whether an occupant qualifies under Kentucky law as having a possessory interest in the occupied property. In Carter v. Louisville & N. Ry. … Clearly, if either Mr. Jackson or Ms. Hunt was cognizant of the fact that he had previously represented her, he or she had an obligation to reveal such professional relationship.

State of West Virginia v. Mitchell Coles

234 W. Va. 132 · West Virginia Supreme Court · Sep 18, 2014

One exception to this rule permits a defendant to show that the face of the record in the case establishes that a court lacked power to convict or sentence the defendant. 3. … Amendment.20 In Syllabus point 1 of Conner, we summarized our double jeopardy principles: The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity

Michelle Gordon v. Jefferson County Commission, Tricia Jackson, individually and in her official capacity as Jefferson County Commissioner, and Thomas Hansen, individually and in his official capacity as Jefferson County Sheriff

Intermediate Court of Appeals of West Virginia · Sep 10, 2025

complaint adequately pleads claims for defamation, invasion of privacy, and whistle-blower retaliation.4 4 The parties have also briefed the issue of whether the respondents were entitled to statutory immunity … “The ‘public figure’ doctrine in privacy law operates in the same manner as qualified privileges operate in defamation law.

Cordial v. Ernst & Young

199 W. Va. 119 · West Virginia Supreme Court · Dec 13, 1996

Based upon our review, we do not believe that the jury was completely, clearly and correctly instructed on the law applicable to the facts. … Cordial was entitled to an instruction, tailored to this case, clearly advising the jury of the principles of Horton and clearly not limiting the jury to the consideration of representations E & Y knew to be false when made

Reynolds v. Vandervender

District Court, N.D. West Virginia · Jan 18, 2018

The sanction is that such prisoners lose the right to proceed without prepayment of fees and costs, and that three of plaintiff’s prior civil cases qualify as strikes under this provision. … As the magistrate judge posited, a clearly conclusory allegation does not suffice.

William J. v. Marilyn J.

West Virginia Supreme Court · Nov 16, 2018

[T]imber values ‘per s[e]’ are out of the appraiser’s realm of expertise and the appraisers recommend that the property be cruised by a qualified professional.” … Husband’s arguments in support of his position that Wife’s jewelry is marital property are not clearly articulated.

Alward

District Court, S.D. West Virginia · Aug 10, 2026

The entire action, meaning all claims, must be dismissed for one of the specified grounds in order to qualify as a “strike.” Tolbert v. Stevenson, 635 F.3d 646, 651 (4th Cir. 2011). … A routine dismissal based on a prisoner’s failure to exhaust his administrative remedies does not qualify as a strike. Green v. Young, 454 F.3d 405, 410 (4th Cir. 2006).

Erie Insurance Property & Casualty Co. v. Johnson

272 F.R.D. 177 · District Court, S.D. West Virginia · Dec 21, 2010

argue that “[wjhether or not Erie provided the contracting agent, Regina Morris, with the manual that explains among other things how the insurance application is to be completed and how the policy is intended to operate is clearly … A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest

In Re Estate of Hauer

135 W. Va. 488 · West Virginia Supreme Court · Mar 1, 1951

Rollins, one of the executors named therein, qualified as the sole executor of said will. In looking over the papers of H. B. Hauer, he found a copy of a letter, dated November 8, 1946, addressed to T. K. … We think it clearly shown by exhibits filed in the case by T. K. Hauer, that, during the period from 1912 to 1942, he contributed in a substantial way to the support of his mother.

Morgantown Mall Associates v. City of Westover

West Virginia Supreme Court · Sep 1, 2017

circuit court concerning a new trial and its conclusion as to the existence of reversible error under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly … Lastly, the record on appeal supports the circuit court’s finding that Westover established the seven requirements of West Virginia Code § 8-6-5.

Daniels v. City of South Charleston

District Court, S.D. West Virginia · Aug 16, 2021

Va. 1995) (“[IIED] liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.” … See Graham, 490 U.S. at 394-96 (requiring use of unreasonable force to establish a Fourth Amendment excessive force claim).

State of West Virginia v. Paul H.

West Virginia Supreme Court · Apr 10, 2017

At trial, the State established that petitioner began sexually assaulting K.H. between 2008 to 2010 when K.H. was ten or eleven years old and petitioner was twenty or twenty-one years old. … Therefore, the evidence clearly supports a finding that Ms. Walls’ evaluation was for diagnostic and treatment purposes.

McNair v. Johnson & Johnson

818 S.E.2d 852 · West Virginia Supreme Court · May 11, 2018

This Court clearly enunciated its strong public policy regarding the safety of prescription drugs in State ex rel. Johnson & Johnson v. … The Alabama Supreme Court addressed the question now before this Court and ruled for the injured party, very clearly articulating its reasoning. Wyeth v. Weeks , 159 So.3d 649 (Ala. 2014).

United States v. Lecco

495 F. Supp. 2d 581 · District Court, S.D. West Virginia · Apr 6, 2007

Beckson chooses at trial to exercise his Fifth Amendment privilege, the court will expect the defendant to have waiting in the wings a qualified expert acceptable to the defendant to stand in Dr. … The defendant has [also] already established a relationship with the psychiatrist. (Trans, at 16-17).

Smiley v. Citizens F. M. & L. Ins.

14 W. Va. 33 · West Virginia Supreme Court · Nov 9, 1878

J think the proper construction clearly implies the disjunctive.after the comma. … ‘Any explosion whatever’ is the phrase used in the condition to the policy; and it is qualified by the context only to the extent, that it must be an ‘explosion’ of some ‘explosive substances,’ and of sufficient force to

In re G.W.-1, A.W. and V.W.

West Virginia Supreme Court · Sep 20, 2022

She admitted she was not a licensed psychologist, and she testified as a lay witness because she did not qualify as an expert witness. Ms. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

State Ex Rel. Chafin v. Halbritter

191 W. Va. 741 · West Virginia Supreme Court · Jul 21, 1994

In determining whether the subject marital homes constituted marital property, these decisions necessarily assume the existence of situations in which a marital home may not qualify as marital property. … These goals are clearly not realized through the temporary order entered below. The location and demands of Petitioner’s employment require her to reside in or near Charleston.

Taylor v. Philippi

35 W. Va. 554 · West Virginia Supreme Court · Nov 14, 1891

(1) Au adversary possession must be actual, as contrasted with constructive, possession ; that is, such as is the incident of the true legal title when there is nothing to qualify or break its force-. … In conclusion, we think it has been clearly shown on the part of the town of Philippi (1) that AYilliam P.

State of West Virginia ex rel. Aaron Jimmie Urban v. The Honorable David Hardy, Judge of the Circuit Court of Kanawha County

West Virginia Supreme Court · Nov 12, 2025

A circuit court’s ruling on involuntarily administering medication to a defendant for competency restoration purposes must follow the four-part test established in Sell v. … 13  When analyzing the first factor of the Sell test, the circuit court found, and we agree, that the State’s interest in restoring the petitioner’s competency “qualifie

State Ex Rel. Ware v. Henning

212 W. Va. 189 · West Virginia Supreme Court · Jun 17, 2002

no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly … Code 35-1-5 establishes the procedure whereby church trustees are appointed and removed. Another Code section, W.