Case law

HD Media Company, LLC d/b/a Charleston Gazette-Mail v. West Virginia University Board of Governors

Intermediate Court of Appeals of West Virginia · Jul 23, 2024

Significantly, we really do not know how most of the topics at issue allegedly qualify as “commercial competition.”13 The Board never explained how each topic of discussion qualifies, leaving it to the circuit … To do so, it must establish that the topic implicates and fits within the scope of the commercial competition exception.

State of West Virginia ex rel. West Virginia Division of Corrections and Rehabilitation v. Honorable Alfred E. Ferguson, Judge of the Circuit Court of Cabell County, West Virginia and Mary Jane McComas, as Administratrix of the Estate of Deanna R. McDonald

West Virginia Supreme Court · Jun 8, 2023

Negligence of Doe and the agency defendant violated clearly established rights of Ms. … McDonald and violated clearly established law with respect to training, supervision, discipline, employment and retention of the individual defendants which was a proximate cause

Jett v. Leverette

162 W. Va. 140 · West Virginia Supreme Court · Sep 22, 1978

I cannot agree, however, that the functional difference between them are relevant for the purposes of the underlying principles established in Conner v. Griffith, W.Va., 238 S.E.2d 529 (1977). … ordinary citizen looks at the government which restrains as a punishment for crime, he would see but a unitary form, not those studied distinctions between judicial and executive branches or those other distinctions seen so clearly

McConiha v. Guthrie

21 W. Va. 134 · West Virginia Supreme Court · Dec 9, 1882

The rule seems to be well established that, where the inferior court has, originally, jurisdiction of the cause, prohibition will lie only in cases where such court, dming the conduct of the trial, clearly exceeds its proper … The said 41st section of tire act of 1873, is special and qualified in its terms.

State v. Roberts

136 W. Va. 391 · West Virginia Supreme Court · Dec 20, 1951

But does the evidence establish that the crime was committed in the presence of the officer? … In these circumstances the violation was clearly in the presence of the officer. This being true, the officer was justified in searching the automobile then under the control of Roberts and being illegally used.

John J. v. Dennis Dingess, Warden

West Virginia Supreme Court · Apr 7, 2017

Therefore, petitioner clearly fails to prove beyond a preponderance of the evidence that trial counsel’s strategy was so ineffective that no reasonably qualified defense counsel would have so acted. … Moreover, in the narrowed window of “the summer of 2008,” the victim—who was then seven years old—was clearly under the age of twelve.

Gilmer's Adm'r v. Baker's Adm'r

24 W. Va. 72 · West Virginia Supreme Court · Apr 19, 1884

It is, therefore, clearly admissible not only against him but against his sureties as such administration 1 Gr. Ev. secs. 174, 178, 179, 180; Cavendish v. Fleming, 3 Munf 198; Swope v. … But the General Assembly of Virginia on April 6, 1839, before Berry qualified as administrator cfe bonis non of Baker, passed an act which is conclusive on this question.

Wayne L. Evans v. Bluefield Hospital Company

West Virginia Supreme Court · Nov 16, 2018

This Court has long held that “[t]he true test as to whether a juror is qualified to serve on the panel is whether without bias or prejudice he can render a verdict solely on the evidence under the instructions of the court … He contends that there was ample testimony that established that one or both respondents violated the standard of care so the verdict was against the weight of the evidence.

Slifer v. Howell's Admr.

9 W. Va. 391 · West Virginia Supreme Court · Sep 9, 1876

In the progress of the trial, various instructions were asked for by the defendant, some of which were given, as asked, ami others qualified, and so given. … Toler, 11 Wheaton 258 , this language is contained in the' charge given by the circuit court to the jury, and is approved by the Supreme Court: “The rule is now clearly settled to be, that when the contract grows immediately

Patricia S. Reed, Commissioner, W. Va. DMV v. Robert B. Conniff

236 W. Va. 300 · West Virginia Supreme Court · Nov 4, 2015

The DMV’s statutory duty to procure the officer’s attendance at a hearing is not immune to human error. … Recognizing perhaps that its continual mishandling of this case and extraordinary delay yields it little favor, the DMV counters simply that there has been no real prejudice established by Conniff.

State of West Virginia v. Ziegler

District Court, S.D. West Virginia · Sep 19, 2019

Defendant filed his Notice of Removal on the ground that plaintiff “blatantly violat[ed] this Pro Se Defendant- Petitioner’s clearly established Federal Civil Rights unambiguously … Clause Right to Fair Jury Trial, Due Process of Law, Access to the Courts, Right to Property, Right to Association, Freedom of the Press, Interstate Travel, Commerce, Privileges, Immunities

Robert D. Toler v. Cornerstone Hospital of Hungintgon, LLC

West Virginia Supreme Court · Jun 15, 2023

Apr. 29, 2019) (adopting new provision establishing criteria for waiver of peer review privilege). … Provided, That information, documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil action merely

Hagins v. Kallis

District Court, N.D. West Virginia · Mar 19, 2019

The petitioner requests that this Court grant the writ and issue an immediate hearing, resentencing him without the enhancements based on two prior convictions that can no longer qualify as predicates … As to those findings to which objections were not filed, all findings and recommendations will be upheld unless they are “clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A).

State v. Voters

134 W. Va. 690 · West Virginia Supreme Court · Oct 3, 1950

Va. 74 , that: “The provision in the Constitution of this State, (Art. 6, sec., 30) that no law shall embrace more than one object, as qualified by the provision in the same section, that if any object shall be embraced in … Summers, and the taking of the dog' by the defendant are all clearly established, as is the fact that the dog was in the possession of the defendant from the time he first took possession thereof to the time' he returned

West Virginia Motor Truck Ass'n v. Public Service Commission

123 F. Supp. 206 · District Court, S.D. West Virginia · Nov 15, 1954

Clearly, in. determining these questions, the Commission was acting in anything but a. purely ministerial capacity. … Such a construction of the statute voids the statute as discriminatory in that it grants to one class an immunity protection, benefit or privilege not granted to others, without a rational basis in fact to support the classification

Leslie Equipment Co. v. Wood Resources Co.

224 W. Va. 530 · West Virginia Supreme Court · Oct 30, 2009

Where, however, “the issue on appeal from the circuit court is clearly a question of law ..., we apply a de novo standard of review.” Syl. Pt. 1, in part, *533 Chrystal R.M. v. … They are required to *537 establish that they sought to vacate the default judgment within a reasonable time. See Evans, 193 W.Va. at 587 , 457 S.E.2d at 524 .

Burnside v. Burnside

194 W. Va. 263 · West Virginia Supreme Court · Mar 31, 1995

Most statements offered by one spouse against the other will, if relevant, qualify as a party admission under Rule 801(d)(2) of the West Virginia Rules of Evidence. … Code, 48-3-10, is limited to conveyances where the title is placed only in the name of the other spouse is inconsistent with well established precedent.

William James Sons Co. v. Hutchinson

79 W. Va. 389 · West Virginia Supreme Court · Dec 12, 1916

Clearly, the notice so prescribed is a prerequisite to the exercise of that right. … Clearly, no forfeiture of the Granger title has occurred since it passed to the Jameses.

Ziglar v. Skiles

District Court, S.D. West Virginia · Aug 29, 2023

“For that reason, unauthorized detention of just one day past an inmate’s mandatory release date qualifies as a harm of constitutional magnitude under the first prong of the Eighth Amendment analysis.” , 984 … I now turn to the second requirement: that Plaintiff establish that Defendant Skiles acted with “deliberate indifference.”

McDaniel v. Coogle

100 W. Va. 381 · West Virginia Supreme Court · Nov 10, 1925

It is con•tended that she was not shown to have had sufficient knowledge of property values generally to qualify her as a witness on the subject. … Defendant’s Instruction No. 6, alleged to have been refused, states that the mutual promise to marry must be established by a preponderance of the evidence.