Case law

Forshey v. Jackson

222 W. Va. 743 · West Virginia Supreme Court · Jan 9, 2009

Thus, rules of civil procedure clearly contemplate some factual *756 statement in support of the claim. Huey v. Barloga, 277 F.Supp. 864, 871 (N.D.Ill.1967). Fass v. … Additionally, we observe that the circuit court's order clearly states that it was dismissing the matter based upon Dr. Jackson’s 12(b) motion to dismiss. .

Johnson v. United States

906 F. Supp. 1100 · District Court, S.D. West Virginia · Dec 11, 1995

U.S. does not hold that a failure to raise the objection of a defect in presentment bars the use of that objection, it only “qualifies” the use of that objection. … The FTCA is a limited waiver of sovereign immunity and permits suit only on terms and conditions strictly prescribed by Congress. 28 U.S.C. §§ 2671-2680 ; Honda v.

In re A.P.

West Virginia Supreme Court · Jun 2, 2021

Nevertheless, this failure on petitioner’s part merely goes to establish that the “no reasonable likelihood” prerequisite may well have been met in this case. … As provided by our statutory scheme, a prior termination of parental rights qualifies as “aggravated circumstances,” 18 the significance of which is that 1) it is to be considered by the court for purposes of temporary

J. W. Ellison, Son & Co. v. Flat Top Grocery Co.

69 W. Va. 380 · West Virginia Supreme Court · May 9, 1911

Can the Flat Top Company receive 123 car loads of hay, and then cancel the contract, leave the undelivered hay on the hands of the Ellison Company, and be immune from damages? … In the next place, it is clearly proven that the defendant failed to give orders for shipment in several instances, though requested to do -so.

STATE EX REL. ALLSTATE INS. v. Gaughan

508 S.E.2d 75 · West Virginia Supreme Court · Jul 14, 1998

The minority rule was clearly articulated in Dunn v. … The question remains, however, to what extent documents in an insurance claim file can qualify for work-product protection.

Bishop v. McCoy

174 W. Va. 99 · West Virginia Supreme Court · Nov 14, 1984

Establish, maintain and direct a varied program of education for inmates in all institutions within the department; h. … However, the lack of funds is not a valid excuse for denying inmates, and society as a whole, the constitutional right to the benefit of legislative enactments which clearly establish the duty of the Department of Corrections

Czaja v. Czaja

208 W. Va. 62 · West Virginia Supreme Court · Jul 11, 2000

The court must explain its reasons clearly on the record if it decides a sanction is appropriate. … State of Illinois, 391 U.S. 194, 207 , 88 S.Ct. 1477 , 20 L.Ed.2d 522 (1968) (segmenting right to jury trials between those contempts which qualify as petty offenses based on nominal period of incarceration and contempts

Hoffstot v. Dickinson

71 F. Supp. 897 · District Court, S.D. West Virginia · Apr 30, 1947

Moreover, the Blair deed reservations clearly contemplate a joint use of the surface for the exercise of mining rights. … Nevertheless, it was a matter that must have been agreed upon before a binding contract could be established.

M.H. v. C.H. and B.H.

West Virginia Supreme Court · Nov 20, 2019

In reviewing a final order entered by a circuit court judge upon a review of, or upon a refusal to review, a final order of a family court judge, we review the findings of fact made by the family court judge under the clearly … This addition to Section 201 (among other things) clarified that a child need not be the victim of both abuse and neglect in order to qualify for protection under the law and does not change our analysis.

In re J.S., Z.S., K.S., A.S., and R.S.

West Virginia Supreme Court · Sep 3, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Further, the evidence established that the boyfriend had an outstanding warrant for drug crimes.

State of W.Va. ex rel. Biafore v. Earl Ray Tomblin

West Virginia Supreme Court · Jan 22, 2016

In 1963, the legislature repealed chapter three of the West Virginia Code and enacted a new chapter three, “all relating to the establishment, administration and regulation of elections and election procedures[.]” 1963 … (continued...) 5  As reflected in the legislative history discussed above, and for the last eighty- five years, West Virginia Code § 3-10-5 has clearly

Lucas v. Ballard

District Court, S.D. West Virginia · Mar 21, 2018

The plaintiff must allege facts showing that the alleged retaliatory action either violated a clearly-established constitutional right or “constituted punishment for [his] exercise of a constitutional right.” … Accordingly, there is a clearly-established right under the First Amendment to be free from such retaliation.

State Ex Rel. Levitt v. Bordenkircher

176 W. Va. 162 · West Virginia Supreme Court · Mar 12, 1986

Those witnesses, qualified as experts in the practice of criminal law, indicated that the appellant's conviction resulted from ineffective assistance of counsel. … However, the confession clearly establishes murder of the first degree, under the West Virginia felony-murder rule.

Acker v. Martin

136 W. Va. 503 · West Virginia Supreme Court · Dec 4, 1951

E. 2d 793 ; and (2) fraud is never presumed, but must be established by one who alleges it by clear and distinct proof. Hunt v. Hunt, 91 W. Va. 685 , 114 S. E. 283 ; Bennett v. … Acker and her husband, a fact of which she evidently had knowledge, and she should have known that the insurance adjuster was not a person qualified to render any opinion as to the probability of permanent, injuries.

Wellman v. Energy Resources, Inc.

210 W. Va. 200 · West Virginia Supreme Court · Jul 6, 2001

Such a conclusion is also consistent with the long-established expectation of lessors in this State, that they would receive one-eighth of the sale price received by the lessor. … , Inc., argues that the Circuit Court of Logan County should have allowed a jury to determine if its breach of the leases involved in this case was willful, intentional, or in bad faith, the evidence in this case rather clearly

State ex rel. Riley v. Rudloff

212 W. Va. 767 · West Virginia Supreme Court · Dec 6, 2002

It is clearly established that, due to the limited purpose for which one may be detained prior to a conviction, which is merely to ensure presence at trial, the protections afforded pretrial detainees are at least as great … In short, “when inmates with serious mental ills are effectively prevented from being diagnosed and treated by qualified professionals, the system of care does not meet ... constitutional requirements ... and violates the

State v. Rummer

189 W. Va. 369 · West Virginia Supreme Court · May 28, 1993

Griffith, 160 W.Va. 680 , 288 S.E.2d 529 (1977): “The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted … If each requires proof of a fact that the other does not, the Blockburger test is satisfied, notwithstanding a substantial overlap in the proof offered to establish the crimes.’ ” 450 U.S. at 337-38 , 101 S.Ct. at 1141-42

In re: J.A.,A.A.,Z.A.,S.A., and J.A.

West Virginia Supreme Court · Oct 18, 2019

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The parents were not qualified, and the maternal grandmother was either not able or willing, to provide home instruction.

State v. Hughes

22 W. Va. 743 · West Virginia Supreme Court · Jul 7, 1883

United States the law is established to the same effect.” … No doubt the law would have been laid down more clearly if this word “reasonable,” in this part of this instruction, had been used to qualify- the word “doubt,” but as it was done directly afterwards in the same instruction

Raines v. Watson

2 W. Va. 371 · West Virginia Supreme Court · Jan 15, 1868

The latter statute is clearly more comprehensive in the expressions quoted than the former. … Vinor, Carthew, 252, is relied upon as establishing this doctrine.