Case law

Opinions from 1658 to today.

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  • Adrian Osborne v. Kevin Mace, M.D., Montana Boyce, R.N., United Hospital Center, Inc., and West Virginia University Board of Governors

    Intermediate Court of Appeals of West Virginia · Nov 12, 2025

    Va. 138, 459 S.E.2d 415 (1995), that “[w]here the issue on an appeal from the circuit court 3 is clearly a question of law or involving an interpretation of a statute, we apply … Osborne maintains that the SCAWV established in Shelley D. Whitlow v. Board of Education of Kanawha County, 190 W.

    Cited 0 timesPublished
  • Dostert v. Neely

    498 F. Supp. 1144 · District Court, S.D. West Virginia · Sep 10, 1980

    The Judicial Inquiry Commission is the creature of the West Virginia Supreme Court of Appeals which established the Commission pursuant to the court’s authority under Article 8, Section 8 of the Constitution of West Virginia … The exceptions to the Younger doctrine were most clearly articulated in Huffman, supra, where the court held that federal courts should interrupt state proceedings when (1) the state proceeding is motivated by a desire to

    Cited 8 timesPublished
  • Brammer v. Taylor

    175 W. Va. 728 · West Virginia Supreme Court · Dec 12, 1985

    As discussed below, merely typing another person’s will or attempted will is clearly not practicing law. … There is no allegation that defendant represented that he was an attorney or qualified to draw the will.

    Cited 20 timesPublished
  • Warner v. Wingfield

    224 W. Va. 277 · West Virginia Supreme Court · Nov 3, 2009

    that these claims or defenses increase delay or divert attention from valid claims or defenses asserted in good faith, they serve to deny the very access to the judicial system they would claim as justification for their immunity … The court must explain its reasons clearly on the record if it decides a sanction is appropriate.

    Cited 2 timesPublished
  • State of West Virginia v. Izzac Christopher Weister

    West Virginia Supreme Court · Nov 3, 2022

    In the instant case, the text messages and nude photograph sent to the victim were disturbing in that they clearly expressed the petitioner’s desire to engage in sexual relations with a minor and clearly solicited the minor … He clearly continues to manifest problematic behavior that makes him inappropriate for release into the community.”

    Cited 0 timesPublished
  • Shelton v. Collins Career Center

    District Court, S.D. West Virginia · Dec 8, 2020

    This grant of immunity is subject to several exceptions. … LCJVSD is clearly a political subdivision under the plain language of Ohio Rev. Code § 2744.01(F).

    Cited 0 timesUnknown
  • Preussag International Steel Corp. v. March-Westin Co.

    221 W. Va. 472 · West Virginia Supreme Court · Nov 9, 2007

    One line requires that work must be done at the construction site for a party to qualify as a subcontractor. … Expert testimony established that Northwestern’s work on the project constituted a substantial share of the construction of the department store.

    Cited 3 timesPublished
  • Allstate Insurance v. DiGiorgi

    9 F. Supp. 2d 657 · District Court, S.D. West Virginia · Jun 30, 1998

    In fact, the Supreme Court of Mississippi has adopted a blanket rule that “a minor child qualifies as a ‘resident’ in both households of divorced parents.” Aetna Cas. & Surety Co. v. … Here, the facts clearly support a finding that Danielle was a resident of her father’s household. Gino DiGiorgi was not a noncustodial parent, as were many of the parents described in the caselaw.

    Cited 1 timesPublished
  • In re A.L.C.M.

    239 W. Va. 382 · West Virginia Supreme Court · Jun 9, 2017

    The majority reasons that since A.L.C.M. qualified as an "abused” or "neglected” child at the time the petition was filed, the petition was statutorily compliant. … Aug. 19, 2009) (holding father’s failure to take any action to protect unborn child from mother's drug use was sufficient to establish that he knowingly allowed the child to remain in conditions and surroundings that endangered

    Cited 19 timesPublished
  • Dwayne Cales v. Town of Meadow Bridge

    239 W. Va. 288 · West Virginia Supreme Court · May 30, 2017

    “‘Where 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.’ Syllabus point 1, Chrystal R.M. v. … “Where 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.” Syl. pt. 1, Chrystal R.M. v.

    Cited 3 timesPublished
  • In re the Adoption of James Nicholas C.

    219 W. Va. 729 · West Virginia Supreme Court · Nov 13, 2006

    Jamison’s physical, mental, medical, and emotional disabilities qualify him as a special needs child as defined in Section 473(c) of the Adoption Assistance and Child Welfare Act of 1980, ( Pub. … seeking out and informing individuals who are unknown to it about the possibility of assistance to those who adopt or who become legal guardians of a special needs child, in the instant case the appellees and Jamison were clearly

    Cited 0 timesPublished
  • Richard Parsons v. Halliburton Energy Services, Inc.

    West Virginia Supreme Court · Apr 11, 2016

    Marple, __ W.Va. __, __ S.E.2d __, 2015 WL 7101971 (2015) (emphasis added) (citations omitted) (“The defense of qualified immunity ‘is not waived if the defendant “raised the issue at a pragmatically sufficient time, and … App. 2003) (“The burden of proof to establish waiver of arbitration is heavy, and the party seeking to establish waiver must show that it has been prejudiced by the actions of the party requesting arbitration.”); Lovelace

    Cited 0 timesSeparate
  • Guaranty Trust Co. of New York v. West Virginia Turnpike Commission

    109 F. Supp. 286 · District Court, S.D. West Virginia · Nov 14, 1952

    If it were the court would clearly be without jurisdiction to entertain it. … In accordance with well established principles of statutory construction, the language which is the subject of our study must be interpreted and construed so as to give effect, if possible, to every part of the Act.

    Cited 19 timesPublished
  • Corey D. v. Michelle H.

    West Virginia Supreme Court · Jun 2, 2021

    West Virginia law allows paternity to be established in three ways. … First, as a result of the lower court’s determination that the respondent Travis R. is the child’s legal father, the issue of whether he may qualify as the child’s psychological parent was left unresolved. See Syl.

    Cited 0 timesPublished
  • Peters v. Narick

    270 S.E.2d 760 · West Virginia Supreme Court · Oct 2, 1980

    (Emphasis supplied) It is less than clear what previous cases establish the rule as articulated. One might infer that if previous cases did in fact, establish the rule in this form they would have been cited. … The denial of these rights to properly qualified persons by reason of ... sex, ... is contrary to the principles of freedom and equality of opportunity and is destructive to a free and democratic society."

    Cited 24 timesPublished
  • In re: I.A.

    West Virginia Supreme Court · Dec 10, 2020

    These findings shall not be set aside by a reviewing court unless clearly erroneous. … Petitioner also argues that the circuit court admitted opinion testimony from T.R.’s forensic interviewer, who was not qualified to serve as an expert witness.

    Cited 0 timesPublished
  • Harbert v. County Court of Harrison County

    129 W. Va. 54 · West Virginia Supreme Court · May 21, 1946

    No other clause or section of the Constitution so qualifies or limits the language of Section 38 of Article VI, unless the terms of the judicial amendment of 1902 can properly be given that effect. … E. 529 , this Court used this appropriate and clearly applicable language: “The authority of a state legislature is of the essence of sovereignty; it would be absolute but for constitutional limitations.

    Cited 97 timesPublished
  • Dean v. Officer Charles Newman

    District Court, S.D. West Virginia · Nov 2, 2022

    Plaintiff denied the request based upon a qualifier that she added of her own accord. Such an answer is entirely improper. … It requires no qualifiers. Therefore, the motion to compel a complete answer to this request is GRANTED.

    Cited 0 timesUnknown
  • State Ex Rel. City of Charleston v. Sims

    132 W. Va. 826 · West Virginia Supreme Court · Jun 1, 1949

    reported, we held: “The State Liquor Commission is an agency of the State, engaged in the performance of governmental functions and duties, and, as such, is, under Section 35 of Article VI of the Constitution of this State, immune … But to say that their findings of fact may be made conclusive where constitutional rights of liberty and property are involved, although the evidence clearly establishes that the findings are wrong and constitutional rights

    Cited 14 timesPublished

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