Case law

Herrod v. First Republic Mortg. Corp., Inc.

218 W. Va. 611 · West Virginia Supreme Court · Dec 16, 2005

The cost to the borrower for this arrangement is payment of a higher interest rate on the loan they obtain instead of the lower rate for which they qualified. … The transformation from subprime lending to predatory lending occurs when lenders employ unethical and/or illegal tactics to secure the loans or offer subprime loans to those who qualify for prime loans.

State v. Ellsworth

175 W. Va. 64 · West Virginia Supreme Court · Jun 6, 1985

Code, 49-5-8(d), in 1978. 6 The function of a proviso in a statute is to modify, restrain, or conditionally qualify the preceding subject to which it refers. Eaton v. … This clearly serves the interests of both the State and the defendant." 11 . Syllabus Points 1 and 2 of Stanley state: "1.

West Virginia Highlands Conservancy, Inc. v. Public Service Commission of West Virginia

206 W. Va. 633 · West Virginia Supreme Court · Dec 14, 1998

qualifies as a public utility. … Even assuming, arguendo, that the doctrine of veil piercing was applicable for purposes of establishing subject matter jurisdiction, it appears that the law would still not support veil piercing under the facts of this case

Bragg v. Robertson

54 F. Supp. 2d 635 · District Court, S.D. West Virginia · Mar 3, 1999

The Court recognizes “ ‘[T]he grant of interim relief [is] an extraordinary remedy involving the exercise of a very far-reaching power, which is to be applied only in limited circumstances which clearly demand it.’ ” Steakhouse … Neither Defendants nor Hobet attempt to argue that Spruce Fork was granted a variance or that it was qualified for one.

Kingery v. Quicken Loans, Inc.

300 F.R.D. 258 · District Court, S.D. West Virginia · May 21, 2014

In addition, she has retained counsel who are qualified and able to represent the class. The declarations filed by Ms. … Predominance Federal Rule of Civil Procedure 23(b)(3), “as an adventuresome innovation, is designed for situations in which class-action treatment is not as clearly called for.” Comcast Corp. v.

Accident Insurance Co. v. Dawson

53 W. Va. 619 · West Virginia Supreme Court · May 16, 1903

Recurring again' to previous legislation, we come to chapter 117 of the Acts of 1867, the first section of which reads as follows: “All insurance companies establishing agencies or doing business in this State, except life … shows that the words “fire or marine insurance company,” in the first part of the section was not intended by the Legislature to limit or qualify, as antecedent words, the words, “no foreign insurance companjq” found in

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

State v. Preece

181 W. Va. 633 · West Virginia Supreme Court · Jul 14, 1989

The trial court ruled that the police officers who investigated the accident were not qualified in the area of accident reconstruction so as to allow them to testify to the cause of the accident. … A traffic stop is clearly a police-imposed physical restraint.

McCabe v. City of Parkersburg

79 S.E.2d 87 · West Virginia Supreme Court · Dec 14, 1953

Buell, a qualified engineer, testifying in plaintiff's behalf, unequivocally stated that the washing away of the land immediately adjacent to the rear of plaintiff's lot caused her land to slip away, causing the slough about … "A verdict clearly in excess of the amount which the evidence shows the plaintiff is justly entitled to recover should be set aside by the trial court." Syl. Pt. 2, Thomason v.

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.

Braxton v. Young

District Court, S.D. West Virginia · Aug 12, 2021

Fortner for the pre-marked money, plaintiff has not demonstrated with admissible evidence that any of these failures actually occurred or that any of these steps were necessary to establish … The magistrate judge aptly concluded that a finding in plaintiff’s favor would not modify the court’s earlier ruling that Callison is entitled to qualified immunity for the claim that

Wheeling Park Commission v. Joseph and Kerry Dattoli

237 W. Va. 275 · West Virginia Supreme Court · Jun 2, 2016

Code § 29 -12A-4(c)(2)-(4) (1986), and they contend that they clearly established at trial that the Commission breached this duty. … Code § 29 -12A-4(c) clearly makes a political subdivision or its employees liable for their “negligent failure to keep ... public grounds within the political subdivisions ... in repair.”

SER AMFM, LLC v. Hon. Charles E. King, etc.

230 W. Va. 471 · West Virginia Supreme Court · Jan 24, 2013

other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly … care decision making for incapacitated adults, including the use of advance directives, which reduces the need for judicial involvement and defines the circumstances under which immunity

Boughner v. Hall

24 W. Va. 249 · West Virginia Supreme Court · May 3, 1884

A careful examination of the evidence in this case clearly shows that as early as the 5th day of February, 1857, the defendant, William M. … The common law rule of evideneg excluded the testimony of the interested witness, while the testimony of one disinterested credible witness was sufficient in most cases to establish the disputed fact.

Hall v. Bank of Virginia

14 W. Va. 584 · West Virginia Supreme Court · Dec 21, 1878

Any words, which clearly designate and comprehend the property, are sufficient. … We think this condition is clearly implied in the license, and that the company by constructing its road there assented to it.

Postlewaite v. Wise

17 W. Va. 1 · West Virginia Supreme Court · Nov 13, 1880

one hundred and thirty five of the Code of Virginia of 1860, page six hundred and nine provides, that the action of ejectment may be brought whenever it could be brought at common law; and these New York decisions show clearly … And we have seen, that the mere fact, that the seventh section above referred to qualifies the withholding by the word unlawful, does not require of the pleader in every case to do so; for in some cases we have seen, it is

Spring Branch Mining Co. v. United Mine Workers of America 1950 Pension Trust & 1950 Pension Plan

691 F. Supp. 973 · District Court, S.D. West Virginia · Sep 30, 1987

In addition, ERISA establishes a system of pension benefit insurance. … Clearly, this definition does not expressly address the issue presented here.

In Re: Damron

131 W. Va. 66 · West Virginia Supreme Court · Dec 16, 1947

of the courts, for the protection of the legal profession and the public, and the maintenance of their own power and dignity, to remove from the profession an unfit member, they should discharge that duty only when it is clearly … established that misconduct which justifies such drastic action has, in fact, occurred.

State v. Voiers

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

Bennett, Auditor, 8 W.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 … 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 to

Roger P. v. Pszczolkowski, Superintendent

West Virginia Supreme Court · May 20, 2021

Petitioner has not made such a showing here; he has failed to establish that the performance of either Mr. Rasheed or Mr. … In addition, “[t]he true test of whether a juror is qualified to serve on the panel is whether he or she can render a verdict solely on the evidence without bias or prejudice under the instructions of the court.” Id.