Case law

C.C. and J.C., as next friends of the minor child M.C. v. Harrison County Board of Education

West Virginia Supreme Court · Jun 17, 2021

1  I write separately to express my dismay that the majority has taken yet another step toward the imposition of a heightened pleading standard in all civil cases, not just those “where immunities … Based on this language, which clearly establishes West Virginia as a notice pleading state, 2 most civil complaints follow a pattern: they set forth a nucleus of operative facts, either known to the pleader or based on

State Ex Rel. Arrow Concrete Co. v. Hill

194 W. Va. 239 · West Virginia Supreme Court · Jun 19, 1995

Moreover, the plaintiff notes that W.Va.Code, 47-18-4 [1978] states: “The establishment, maintenance or use of a monopoly or an attempt to establish a monopoly of trade or commerce, any part of which is within this State, … The best illustration, so long as it stands, is provided by appeals based on claims of official immunity. Wright, supra at § 3914.1 at 493 (footnote omitted).

State Ex Rel. Clark v. Adams

144 W. Va. 771 · West Virginia Supreme Court · Nov 17, 1959

It also clearly appears that the attorney who *775 represented the petitioner was fully qualified, by training and experience, to represent the petitioner in the criminal proceeding, that he consulted with the petitioner … It is well established by the decisions of this Court that a person serving a sentence in a penitentiary, who seeks relief by habeas corpus on the ground that the appointment by the court of an alleged incompetent attorney

State Ex Rel. Shelton v. Painter

221 W. Va. 578 · West Virginia Supreme Court · Dec 20, 2007

Strickland establishes a minimum standard for trial counsel in criminal representation. … Clearly the evidence of guilt of the appellant in committing a homicide is overwhelming. Even counsel admitted in closing that “...

Lewis v. Dils Motor Company

148 W. Va. 515 · West Virginia Supreme Court · Apr 7, 1964

We cannot *601 find any basis for qualifying or limiting coverage as to "any person," whether an employee or not an employee, actually using an automobile covered by the policy with the "permission" of the named insured. … If it is found to be ambiguous, the rules applicable to that type of instrument are used to ascertain the meaning of the parties and if the instrument *602 contains irreconcilable provisions the rules are equally well established

Grand China Buffett & Grill, Inc. v. State Auto Property & Casualty Co.

260 F. Supp. 3d 616 · District Court, N.D. West Virginia · May 16, 2017

In light of clearly established West Virginia precedent, Ullom’s underlying claims for statutory violations, “emotional distress, embarrassment, [and] humiliation,” without more, do not fall within this definition. … Because Ullom did not allege a covered "bodily injury,” the Court need not address State Auto’s alternative arguments that the incident does not qualify as an "occurrence,” or that Sun’s conduct triggers the Subject Policy

McCoy v. Norfolk Southern Railway Co.

858 F. Supp. 2d 639 · District Court, S.D. West Virginia · Mar 14, 2012

Our court of appeals lays a “heavy burden” upon a defendant claiming fraudulent joinder: “In order to establish that a nondiverse defendant has been fraudulently joined, the removing party must establish either: [t]hat there … The best way to advance this objective is to accept the parties joined on the face of the complaint unless joinder is clearly improper.

Michael Todd Cox v. David Ballard, Warden

West Virginia Supreme Court · Apr 25, 2014

Following the conviction, the State filed a recidivist information in case number 09-F-50, alleging that petitioner had at least two prior qualifying convictions and that his sentence in 08-F-65 should be enhanced to life … In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

Railroad Co. v. Iron-Works

31 W. Va. 710 · West Virginia Supreme Court · Dec 15, 1888

appurtenances, and to hold all such property, personal, real, and mixed, as they may require for the purposes aforesaid,” etc.; and it was by statute also invested “ with all and singular the rights, profits, powers, authorities, immunities … This clearly was for the private accommodation of both the railroad and steel-works, and to make the private business of both more profitable.

Wiggin v. Marsh Lumber Co.

77 W. Va. 7 · West Virginia Supreme Court · Oct 26, 1915

Nor does any proof establish the claim of credit for injury caused to lumber stacked ready for delivery to plaintiff at Surveyor. Indeed, the quantity so ricked is not definitely shown by any testimony. … Under the evidence adduced upon the trial and certified here, he clearly was entitled to more than that amount. Upon what it was based we fail to apprehend.

State v. Leadingham

190 W. Va. 482 · West Virginia Supreme Court · Dec 15, 1993

The adversary positions at that stage are well established; the parties are then `arm'slength' adversaries. … Leadingham was sane was clearly wrong.

Living Lands, LLC v. Cline

District Court, S.D. West Virginia · Mar 15, 2022

The Court could not ascertain the specific relief requested by Plaintiff, as this was not clearly identified in the Amended Complaint. … The Supreme Court has declined to apply Burford where none of the established criteria were met. Martin, 499 F.3d at 365.

Romano v. Greve

228 W. Va. 727 · West Virginia Supreme Court · Feb 23, 2012

The word “income” means gross income unless the word is otherwise qualified or unless a different meaning clearly appears from the context. … Ct. 23 (establishing retroactivity of child support order).

Cooper v. P. C. & St. L. R. Co.

24 W. Va. 37 · West Virginia Supreme Court · Apr 19, 1884

The rule applies to every establishment. … No member oí an establishment can maintain an action against the master for an injury done to him by another member of that establishment, in respect to which, if lie had been a stranger, he might have had a right of action

State of West Virginia v. Marcus Patrele McKinley

234 W. Va. 143 · West Virginia Supreme Court · Sep 29, 2014

McKinley contends that this evidence should have been excluded because Trooper Ellison “was not qualified as an expert.” We disagree. … Move to strike unless they’re going to qualify him in the field of blood splatter evidence or — The trial court overruled the objection.

State v. Hardesty

194 W. Va. 732 · West Virginia Supreme Court · Jul 19, 1995

On 12 July 1993, the informant paid a visit to The Office Bar in Kingwood, an establishment operated by the appellant. … The appellant fails to specifically establish harm arising from the court's decision overruling the objection to the transcripts.

Perkins v. Monongahela Valley Traction Co.

81 W. Va. 781 · West Virginia Supreme Court · Mar 5, 1918

Even if we concede the right of the defendant to have such a physical examination in a proper case, which question we do not now pass upon, we are clearly of the opinion that the defendant did not'present such a. case to … condition; also whether said injury was permanent in its nature, and how far it is calculated to disable the plaintiff from engaging in those pursuits and occupations for which, in the absence of said injury, he would have been qualified

W. E. Long Co.-Independent Bakers' Cooperative v. Burdett

147 W. Va. 177 · West Virginia Supreme Court · Jun 26, 1962

secretary of state; and on that date that company sent a letter to the secretary of state confirming the reservation and stating that “it is a matter of importance that this trade-mark be held for the company until it can qualify … That the petitioners have complied with and satisfied the statutory requirements is established by the undisputed facts stipulated between the parties.

Carter Enterprises, Inc. v. Ashland Specialty Co.

257 B.R. 797 · District Court, S.D. West Virginia · Jan 31, 2001

Revenue, 530 U.S. 15 , -, 120 S.Ct. 1951, 1955 , 147 L.Ed.2d 13 (2000) (“Creditors’ entitlements in bankruptcy arise in the first instance from the underlying substantive law creating the debtor’s obligation, subject to any qualifying … Appellant avers that the bankruptcy court “determined that even though Ashland Specialty had not established the amount of its claim, it was entitled to a judgment for the amount of its proof of claim.”

Welch v. King

82 W. Va. 258 · West Virginia Supreme Court · Apr 16, 1918

Although the latter says he purchased the car, the facts related by him clearly show the contrary. His claim of purchase is a mere conclusion of law not warranted by the facts. … If he did not qualify his acceptance, it was an agreement to the terms of the offer. He does not sa„v he dissented or gave any notice of intention not to deliver Ne money or the car.