Case law

State of West Virginia v. Ziegler

District Court, S.D. West Virginia · Jan 28, 2020

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 … established federal law.

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.”

Potomac Comprehensive Diagnostic & Guidance Center, Inc., aka Potomac Center, Inc. v. L.K., By Her Guardian and Conservator, Kelly Young, and D.S., By His Guardian and Conservator, Kelly Young

West Virginia Supreme Court · Jun 5, 2024

Even if Rules 401 and 403 were satisfied here, the reports contain a substantial amount of hearsay, some of which was clearly inadmissible. … (C) making the record was a regular practice of that activity; (D) all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that

Henry v. Jefferson County Planning Comm'n

148 F. Supp. 2d 698 · District Court, N.D. West Virginia · Jun 26, 2001

immunity for their acts and/or omissions under Harlow v. … Henry has not established the first element of an Equal Protection claim; he cannot establish that both he and Lowe were similarly situated. 210 Both Lowe and Henry had to operate within the five step framework for applying

Lancaster v. USP Hazelton

District Court, N.D. West Virginia · Aug 11, 2017

In his R&R, the magistrate judge correctly and logically explained why the Defendant is immune from suit under the FTCA. … On its face, this document appears to qualify as a good faith effort to comply with the requirements of § 55-7B-6.

Forloine v. Persily

District Court, S.D. West Virginia · Mar 27, 2024

immunity. … Qualified immunity is “not available in an official- capacity suit brought against a government entity or a government officer as that entity’s agent.” Ridpath v.

In Re Silver Bridge Disaster Litigation

381 F. Supp. 931 · District Court, S.D. West Virginia · Jul 12, 1974

The Tenth Circuit rejected the Government’s contention that the United States had not waived immunity for such claims. … The legislation’s scope is clearly confined only to bridges over navigable waters.

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.

Bettinger v. Bettinger

183 W. Va. 528 · West Virginia Supreme Court · Jul 17, 1990

Indeed, the use of the term “discretionary income” in this section clearly indicates that the primary support obligation has been calculated. The term “discretionary income” under 6 W.Va. … In 1985, under the Retirement Equity Act of 1984, 29 U.S.C. § 1056 (d)(3) (1986); I.R.C. § 414, employee spouses may assign their retirement benefits to nonemployee spouses or dependents under a qualified domestic relations

State of West Virginia v. Vaughn

West Virginia Supreme Court · Oct 29, 2021

It recognized that petitioner was convicted of a qualifying offense that involved a minor so petitioner is subject to the lifetime registration requirement. … “We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous standard.

PNGI Charles Town Gaming, LLC v. Reynolds

229 W. Va. 123 · West Virginia Supreme Court · Nov 18, 2011

Va.C.S.R. where “the context clearly requires a different meaning.” … When a person is excluded from a racetrack or is suspended, he or she is not qualified, whether acting as agent or otherwise, to subscribe for, to enter or run any horse in any race either in his or her own name or in that

Prudich v. Saul

District Court, S.D. West Virginia · Mar 11, 2021

Substantial evidence is not, however, “[w]itness testimony that’s clearly wrong as a matter of fact,” “[f]alsified evidence,” “[s]peculation,” or “conclusory assertions.” … That said, not all opinions by doctors qualify for the rule. Only opinions that are “on the issue(s) of the nature and severity of [claimants’] impairment(s)” qualify. 20 C.F.R.

Helen Bradley v. Ohio County Board of Education and Katrina Lewis

Intermediate Court of Appeals of West Virginia · Nov 12, 2024

Bradley decided to apply for other teaching positions available within the school system for which she was qualified. Ms. … Lewis’ conduct did not establish an adverse employment action, in that the allegations against Ms. Lewis cannot establish “a significant change in employment status” as required by law.

Brian Parks v. Donnie Ames, Superintendent, Mt. Olive Correctional Facility

West Virginia Supreme Court · Jul 30, 2020

“In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … In cases involving a criminal conviction based upon a guilty plea, the prejudice requirement of the two-part test established by Strickland v.

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.

McGraw v. Hansbarger

171 W. Va. 758 · West Virginia Supreme Court · Mar 31, 1983

The statute provides that all such centers shall have a plan for the provision of diagnostic, treatment, supportive and aftercare services, and a sufficient number of qualified staff to provide these services. … Clearly, magistrates are not required by law to act in such a capacity. Magistrates are judicial officers charged with specific judicial duties. See generally Donaldson v.

Collins v. Entzell

District Court, N.D. West Virginia · Aug 15, 2019

by the holding of Stokeling and qualifies as a violent felony under the ACCA’s force clause. … Because binding precedent within this Circuit clearly forecloses relief on the grounds that the purported sentencing error is not sufficiently grave to be deemed a fundamental defect, the Court finds it unnecessary

Sutherland v. Miller

79 W. Va. 796 · West Virginia Supreme Court · Mar 13, 1917

It reads: “At any time within sixty days after any primary or other election, the attorney general, any prosecuting attorney, any candidate voted for at such election, or any one hundred qualified voters, upon giving bond … They do not inaugurate or *807 establish the public policy of the state. That would be an infringement of article five of the constitution.

State v. Garrett

195 W. Va. 630 · West Virginia Supreme Court · Dec 11, 1995

A qualified opinion may nonetheless assist the jury. Thus, the degree of the expert’s certainty normally goes to the weight of the evidence, not to its admissibility.”). See also United States v. … Clearly, then, the propriety of the trial court’s in limine order which limited Dr. Sopher’s testimony to his observations at the postmortem examination is called into question.

Laidley v. Kline's Adm'r

23 W. Va. 565 · West Virginia Supreme Court · Mar 22, 1884

Such is the recognized and established practice of the courts of this State — Marling v. Robrecht, 13 W. Va. 440 ; Neely v. Jones 16 Id. 625; Arnold v. Casner, 22 Id. 444. … Bor instance, if it be a judgment on which no exetion has issued and the personal representative shall qualify eight years, after the date of the judgment, then the creditor will have but two years from the date of such qualification