Case law

Mayhew v. Mayhew

197 W. Va. 290 · West Virginia Supreme Court · Jul 19, 1996

and which clearly were marital property. … a gift of non-marital property to the marriage was established.

Payne v. Gundy

196 W. Va. 82 · West Virginia Supreme Court · Feb 15, 1996

In any event, a careful review of the testimony at trial reveals that, the appellee’s general denial notwithstanding, the appellant was clearly struck or beaten by the appellee in 1990 and in October 1991, as the appellant … Const, amend XIV, § 1: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without

State Ex Rel. Johnson v. McKenzie

159 W. Va. 795 · West Virginia Supreme Court · Jul 23, 1976

Clearly, *800 therefore, due process requires that a defendant be furnished a transcript upon a timely request. … The concept of limited discharge is consistent with the available statutory relief set forth in the Post Conviction Habeas Corpus Act. 20 We feel compelled, however, to qualify the Bradley decision as it relates solely to

Asbury v. Ritchie County Commission

District Court, N.D. West Virginia · Jan 16, 2018

The Commission argues that it is statutorily immune from liability on this claim. The West Virginia Governmental Tort Claims and Insurance Reform Act, W. Va. … To qualify as a “final policymaking official,” a municipal official must have the responsibility and authority to implement final municipal policy with respect to a particular course of

Hodge v. Sands Manufacturing Company

151 W. Va. 133 · West Virginia Supreme Court · Oct 25, 1966

In the Coral Pools case, which also involved the contract liability of a nonresident foreign corporation, *140 this Court held that when a foreign corporation which has not qualified to do business in this State in compliance … A trend is clearly discernible toward expanding the permissible scope of state jurisdiction over foreign corporations.

Randy Waugh/Waugh's Mobile Home Park v. Morgan Co. Emergency Medical Services Board

236 W. Va. 468 · West Virginia Supreme Court · Nov 4, 2015

We have previously held that “[w]here 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.” … management services with any person, who has executive personnel with experience and skill applicable to the superintendence and management of any system, for the furnishing of its services and the services of experienced and qualified

Chevy Chase Bank v. McCamant

204 W. Va. 295 · West Virginia Supreme Court · Dec 14, 1998

To establish a case of express preemption requires proof that Congress, through specific language, preempted the specific field covered by state law.... … The language of § 6.201 omits the qualifying phrase "in this State” and simply provides in relevant part, "[t]he practice of law by any debt collector, not a licensed attorney, in the collection or enforcement of any claim

In Re S.W.

233 W. Va. 91 · West Virginia Supreme Court · Feb 12, 2014

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The circuit court also heard testimony from Catherine Smith-Heine, who was qualified as an expert in counseling with an expertise in parenting.

Watson v. Wigginton

28 W. Va. 533 · West Virginia Supreme Court · Oct 23, 1886

The views of the majority of the court in this case in 17 Johns, p. 384 are in a qualified manner approved by the court in Cope v. Smith's ex'r, 8 Serg. & R. 114. … , which must, I think, be reached in this case; and perhaps a thorough investigation of the subject might show, that his language ought not to be qualified.

Cynthia McCoy, Anna Eschelmeyer and William Fowler v. Steven Dragisich

West Virginia Supreme Court · Oct 16, 2020

Bain”), qualified as executor of her estate. … The plain language of the retainer agreement clearly exemplifies the intent of the parties to enter into an attorney-client relationship and demonstrates that Attorney Dragisich both knew that he would possibly be working

Lee v. Bishoff

District Court, N.D. West Virginia · Jun 16, 2022

Third, the defendants emphasize that all of the individual defendants are entitled to qualified immunity because the plaintiff cannot establish constitutional violations under any of the facts he alleges. … The plaintiff does not dispute that he covered his cell window’, and what little of the stationary video in the plaintiff's cell which still exists, clearly establishes that the plaintiff used something to cover the camera

State of West Virignia v. Rocco Zuccaro

239 W. Va. 128 · West Virginia Supreme Court · Apr 26, 2017

The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. … The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible.

Ramaco Resources, LLC v. Chubb INA Holdings, Inc.

District Court, S.D. West Virginia · Aug 6, 2020

Ramaco relies on the Barefield decision as establishing the ongoing duty of good faith by an insurance company. … Ramaco is entitled to discover factual information underlying claims and defense, which Blake clearly has in his role as a corporate Vice President. See Upjohn Co. v.

Lang v. Derr

212 W. Va. 257 · West Virginia Supreme Court · May 3, 2002

We review challenges to findings of fact under a clearly erroneous standard; conclusions of law are reviewed de novo.” III. … Clearly, the contract did not indicate that the prior services were to be consideration, and there is no evidence that Mr. Welsh, or Mrs.

Loudermilk v. Loudermilk

183 W. Va. 616 · West Virginia Supreme Court · Jul 12, 1990

a qualified Code, 48-2-l(f)(4) [1986] gift. … Lieberman, 142 W.Va. 716 , 98 S.E.2d 275 (1957): The findings of the trial chancellor, based on conflicting evidence, will not be disturbed on appeal unless such findings are clearly wrong or against the preponderance of

SER W. Va. Dept. of Transportation, Div. of Highways v. Hon. Robert A. Burnside, Jr., Judge

237 W. Va. 655 · West Virginia Supreme Court · Jun 13, 2016

To be sure, the statute is designed to ensure just compensation for the property taken, but it accomplishes that end by virtue of the appointment of qualified commissioners, the preparation of a particularized report based … A significant minority of courts exclude contamination evidence, however, particularly where the landowner’s liability therefor has not been established.

Lusk v. Doe

175 W. Va. 775 · West Virginia Supreme Court · Dec 17, 1985

Although the language of the accident notice provision is somewhat ambiguous, both the broad definition of “insured” under subsection (c) of the statute and the absence of the qualifying adjective “named” in subsection (e … The language of subsection (e) clearly stipulates that the notice provisions are prerequisites only "to recover under the uninsured motorist endorsement or provision ”of the insured’s policy.

Osborne v. United States

166 F. Supp. 2d 479 · District Court, S.D. West Virginia · Aug 23, 2001

Loftis saw Hoosier he was clearly under the influence of either prescription medications or alcohol. … Srichai clearly was aware Hoosier was abusing his prescription drugs, as well as abusing alcohol; (4) Dr.

State of West Virginia, Katie Switzer, and Jennifer Compton v. Travis Beaver, Wendy Peters, David L. Roach, State Superintendent of Schools, and L. Paul Hardesty, President of the West Virginia Board of Education

West Virginia Supreme Court · Nov 17, 2022

It is the duty of the Legislature to consider facts, establish policy, and embody that policy in legislation. … expenses as approved by the board established pursuant to § 18-31-3 of this code.

Manor Care Inc. v. Tom Douglas

234 W. Va. 57 · West Virginia Supreme Court · Jun 18, 2014

case involves “health care services” . which are governed exclusively by the MPLA The majority correctly notes that “[ejlaims related to business decisions, such as proper budgeting and staffing, by entities that do not qualify … That said, I am troubled by the verdict form’s lack of clarity on the award of McDavid damages, to which the Estate was clearly entitled.