Case law

Chesapeake & Ohio R. R. v. Patton

9 W. Va. 648 · West Virginia Supreme Court · Oct 31, 1876

If this isthe meaning of the title of this act, it would be clearly unconstitutional, so far as any of its provisions were to be applied to then existing railroad corporations ; for the object of the act as thus expressed … it isthe duty of thecourts, in considering whether the object of the act is expressed in the title, to lean in favor of sustaining the validity of the act, and to declare its validity, unless its unconstitutionality is established

Acord v. Hedrick

176 W. Va. 154 · West Virginia Supreme Court · Mar 11, 1986

Acord suggests that the prosecutors were clearly overreaching and- taking advantage of petitioner’s trial counsel when théy questioned the State’s key witnesses Denver Bailey and Robert Bolen. Mr. Bailey and Mr. … Acord has failed to establish any prejudice resulting from Mr. Thornhill’s prosecuting the ease that would rise to a constitutional level. Ill Mr.

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.

Lewis v. Mosorjak

143 W. Va. 648 · West Virginia Supreme Court · Jul 3, 1958

It is clearly established that the plaintiff saw the oncoming automobile of the defendant Mosorjak which he accurately described, and that, as an eyewitness of its direction and the rapidity of its approach, he possessed … Whether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that its discretion

State v. Edward Charles L.

183 W. Va. 641 · West Virginia Supreme Court · Sep 21, 1990

We held that: [qualified expert testimony regarding rape trauma syndrome is relevant and admissible in a prosecution for rape where the defense is consent. … Although they were obviously upset and embarrassed at testifying, they related the incidents clearly.

Tice v. E. I. Du Pont De Nemours & Co.

144 W. Va. 24 · West Virginia Supreme Court · Dec 2, 1958

Does the evidence establish negligence on the part of defendant in failing to furnish plaintiff a safe place to work? … It appears to be clearly established, in the instant case, that plaintiff, at the time of his injury, left the scaffold provided for his convenience and safety and ventured onto the covering over the toilet, a place where

Sheppheard v. Justice

District Court, S.D. West Virginia · Jun 25, 2024

Defendants have been sued only in their official capacities pursuant to the Ex parte Young exception to sovereign immunity. See Doyle v. … The answering party may, when good faith requires, qualify the answer or deny only part of it. Id. When that is done, the answering party must specify any part admitted, any part denied, and any part qualified.

State Ex Rel. Davis v. C. H. Musselman Co.

134 W. Va. 209 · West Virginia Supreme Court · Mar 28, 1950

Is the defense set up by the defendant in its special pleas in the nature of an original suit against the plaintiff, from which it is immune under Section 35 of Article VI of the Constitution of the State of West Virginia … But this case does not involve the manner in which the fund was established in the first instance, nor does it involve the integrity of the fund as it is now established, for we simply hold that a segment of employees employed

Alta Rhodes v. Board of Education

95 W. Va. 57 · West Virginia Supreme Court · Nov 13, 1923

She has taught in the community for many years, and apparently has established an enviable réputation. … We think the facts and circumstances clearly warrant the issuing of the peremtory writ, and it will be awarded. Writ awarded,

Cunningham v. Herbert J. Thomas Memorial Hospital Ass'n

230 W. Va. 242 · West Virginia Supreme Court · Nov 20, 2012

Fogle, the contract between Delphi and Thomas Hospital expressly specified that Delphi would “solicit and recruit qualified physicians.” The evidence established that Delphi pre-screened Dr. … Nevertheless, the evidence before the court at the summary judgment stage clearly established that Dr. Fogle was recruited and hired by Delphi.

State v. Mills

221 W. Va. 283 · West Virginia Supreme Court · Oct 25, 2007

The decision in Beckett establishes two ways in which a prospective juror may be struck for cause. … After additional questioning by the court, however, she qualified her answer.

Wal-Mart Stores East, L.P. v. Ankrom

West Virginia Supreme Court · Nov 18, 2020

On its face, the statute does not extend that immunity to claims by a third party like Ms. Ankrom. … Contrary to Wal-Mart’s assertion in its reply brief, that video clearly shows some sort of physical confrontation between the Wal-Mart employees and Mr. Leist.

State of West Virginia ex rel. March-Westin Company, Inc. v. The Honorable Phillip D. Gaujot, Judge of the Circuit Court of Monongalia County, and David Raymond Weston

West Virginia Supreme Court · Mar 21, 2022

pursuant to West Virginia Code § 55-7-13d, the circuit court must consider the fault of a plaintiff’s employer when it is alleged that the employer has contributed to the plaintiff’s injury even though the employer is immune … But more troubling is that it has gone out of its way to ignore critical statutory language and the most basic rules of statutory construction, which clearly establish that the Legislature intended that the standard of

Black v. Cummings

District Court, S.D. West Virginia · Mar 28, 2023

West Virginia recognizes that the State may be liable under the principles of respondeat superior for the actions of State officials, in “situations wherein State actors violate clearly established rights while acting within … Defendants appear to believe that because A.B. requires a violation of “clearly established rights,” and because Mr.

Aaron Browning v. David Hickman

West Virginia Supreme Court · Jun 10, 2015

Va. 592, 597, 383 S.E.2d 774, 779 (1989) (determining that the term “and” “clearly ma[de] both conditions necessary, not merely either of the two.”). … [W]e have stated clearly that a broad range of knowledge, skills, and training qualify an expert as such, and rejected any notion of imposing overly rigorous requirements of expertise

United States v. Lewis

220 F. Supp. 2d 548 · District Court, S.D. West Virginia · Sep 11, 2002

Expressive conduct and symbolic speech also clearly fall within the ambit of first amendment protection. … These three violent felony convictions qualified Lewis for punishment as an armed career criminal under 18 U.S.C. § 924 (e)(1).

Frogge v. Fox

District Court, N.D. West Virginia · Jun 10, 2019

Finally, Defendant argues that it is entitled to qualified immunity. Plaintiff filed Objections1 [Dkt. … Plaintiff was qualified to receive the benefits of public service, program, or activity A plaintiff is “qualified” if she is “an individual with a disability

West Virginia Board of Education and Steven L. Paine, Ed.D v. Board of Education of the County of Nicholas

239 W. Va. 705 · West Virginia Supreme Court · Oct 10, 2017

To whatever extent the foregoing does not clearly reflect this Court’s veneration of the extensive sweep of the WVBOE’s constitutional supervisory authority, we have succinctly stated: “Clearly, then, the State Board is empowered … Both have extremely high "highly qualified” teacher rates. . Seventy percent of Riehwood Middle School students and sixty-eight percent of Riehwood High School students qualify for free or reduced lunch. .

Mayflower Vehicle Systems, Inc. v. Cheeks

218 W. Va. 703 · West Virginia Supreme Court · Mar 31, 2006

Lewis established that the call-in system repeatedly failed to work, and that several of his absences had mistakenly been recorded as “no call, no show” absences. … The record before this Court does not establish when Mayflower’s human resources department had in view all of the pieces of the puzzle, could discern that Mr.

State of West Virginia v. William B. Shingleton

237 W. Va. 669 · West Virginia Supreme Court · Mar 24, 2016

Phillips was qualified as an expert in the field of pediatrics and child abuse and neglect. … In short, the State’s evidence clearly indicated that the petitioner knew that he was regularly downloading a certain amount of child pornography.