Case law

D.B., D.B. v. J.R.

West Virginia Supreme Court · May 22, 2015

She was certainly qualified to give her medical opinion concerning the child’s asthma being aggravated by secondhand smoke. … Further, “‘[w]here 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.’

Stover v. Davis

57 W. Va. 196 · West Virginia Supreme Court · Feb 14, 1905

permitted to show to the satisfaction of the jury that more than three years before the action was commenced he had disclaimed to hold under Voss’ title; that Voss or those claiming under him had notice of such disclaimer, clearly … It is laid down as a general rule embracing in terms tenants in common, trustees, mortgagees and lessees, but disallowing none of the exceptions or limitations which qualify it, and exclude from its operation all cases where

Davis v. McBride

221 W. Va. 240 · West Virginia Supreme Court · Oct 12, 2007

Furthermore, “[f]indings of fact made by a trial court in a post-conviction habeas corpus proceeding will not be set aside or reversed on appeal by this Court unless such findings are clearly wrong.” … Va.Code § 56-6-12 (1923) (Repl.Vol.2005) (“[I]f it shall appear to the court that such person is not a qualified juror or does not stand indifferent in the cause, another shall be called and placed in his stead for the trial

Reynolds v. City Hospital, Inc.

207 W. Va. 101 · West Virginia Supreme Court · Apr 21, 2000

court charged the jury as follows: The Rules of Evidence provide that if scientific, technical, or other specialized knowledge might assist a jury in understanding the evidence or in determining a fact in issue, a witness qualified … The plaintiff must then establish the professional defendant’s negligence by demonstrating that his conduct deviated from the standard.

JWCF, LP v. Steven Farruggia

232 W. Va. 417 · West Virginia Supreme Court · Oct 7, 2013

Farruggia, that a prima facie case of discrimination had been established under West Virginia Code § 23-5A-1. … Farruggia never qualified for reinstatement to his former position and had not obtained a release from his treating physician. Mr.

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Coffindaffer

183 F. Supp. 2d 842 · District Court, N.D. West Virginia · Jun 16, 2000

If the hardship balance tilts sharply and clearly in the plaintiffs favor, the required proof of likelihood of success is substantively reduced. … There is also a clearly demonstrated prospect of destruction of goodwill and the misuse of client confidential information. See Merrill Lynch v.

Gum v. Dudley

202 W. Va. 477 · West Virginia Supreme Court · Dec 8, 1997

We have determined that the evidence in the record establishes, by a preponderance, that Mr. … We qualified the general disclosure requirement of Vapor Corp. in syllabus point 5 of Reager v.

State v. Wyatt

200 W. Va. 410 · West Virginia Supreme Court · Jul 16, 1997

That is clearly not what occurred here. … The majority accurately stated that evidence of the battered woman’s syndrome, to be considered, must meet the qualifications for admissibility of scientific evidence, and the expert must be properly qualified. 4 However,

State v. Bickle

53 W. Va. 597 · West Virginia Supreme Court · Nov 14, 1903

The evidence was clearly immaterial and properly excluded. … While the cross examination was in violation of a rule of practice which ought to be established as shown in Hatfield Case, 48 W.

McGee v. Cole

993 F. Supp. 2d 639 · District Court, S.D. West Virginia · Jan 29, 2014

Plaintiff *653 couples clearly allege a desire to get married in West Virginia and that they are legally qualified to do so if not for the fact they each couple is same-sex. … Neither do they ' allege that they legally are qualified to do so.

Fain v. Crouch

District Court, S.D. West Virginia · Jun 28, 2021

By extending nondiscrimination protections to individuals under “any health program or activity,” Congress clearly intended to prohibit discrimination by any entity acting within the “health” system. … Therefore, as the gatekeeper to Martell’s health services, The Health Plan qualifies as a “health program” that Congress intended to rid of discrimination.

State v. Easton

203 W. Va. 631 · West Virginia Supreme Court · Dec 7, 1998

Second, the statute plainly and clearly establishes the possible criminal penalties that may* be imposed for the commission of conduct prohibited by § 9-6-15(b). … Therefore, the plain language of the two relevant penal statutes clearly indicates that the defendants were convicted of and sentenced for two distinct criminal offenses.

Carter v. United States

District Court, S.D. West Virginia · Nov 4, 2019

Both experts were well-qualified in the field of orthopedic medicine, and both were paid experts who reviewed the records without examining or treating Mr. Carter. … The Fourth Circuit further noted that “[b]ecause waivers of sovereign immunity must be strictly construed, the plaintiff bears the burden of demonstrating jurisdiction and showing that none of the FTCA's exceptions apply

The City of South Charleston and City of South Charleston Property Board v. M. Alex Urban and West Virginia Department of Agriculture

Intermediate Court of Appeals of West Virginia · Feb 24, 2026

Urban’s property does not meet the definition of agricultural land, his beekeeping activity qualifies as an agricultural operation, and as a result, the Right to Farm Act protects Mr. … With these established principles in hand, we proceed to the matter on appeal.

SER U-Haul v. Hon. Paul Zakaib, Jr., Judge

West Virginia Supreme Court · Dec 3, 2013

The fact that the petitioner’s prior contracts with the respondents made no mention of an arbitration clause does not establish a “course of dealing” between the parties; rather, it establishes a consistent but unilateral … In the instant case, the arbitration provision at issue was not even contained in the contract; it was clearly, unambiguously and conspicuously not there. 5 But in this case

Davidson v. Shoney's Big Boy Restaurant

181 W. Va. 65 · West Virginia Supreme Court · Apr 21, 1989

Bolger, 767 F.2d 1416, 1422 (9th Cir.1985): “[I]n some cases, a job requirement that screens out qualified handicapped individuals on the basis of possible future injury is necessary. … The margin between the two populations is clearly indistinct. [Id. at 610.]’ ” 1a . After her discharge from Shoney's, Mrs.

State v. Hobbs

168 W. Va. 13 · West Virginia Supreme Court · Jul 29, 1981

In other words, they are [to be] qualified legally and it’s to be a cross-section of the community.” (Emphasis added). … In both cases, the refusal to allow a full hearing on the issue of unconstitutional exclusion was clearly reversible error.

SER Erie Insurance Property and Casualty v. Hon. J.D. Beane, Judge

West Virginia Supreme Court · Jun 13, 2016

In fact, upon reviewing the multiple line policy at issue, we observe that it does not contain a fire insurance portion at all, let alone one that qualifies as a standard fire insurance policy. See W. Va. … We established above that the statute of limitations has not run on the Chedesters’ property damage suit, and so their action is still pending in the circuit court.

Coleman v. Kendall

District Court, S.D. West Virginia · Jul 14, 2025

“It is clearly established that the Fourth Amendment confers upon individuals a constitutional right to be free from excessive force during the course of an arrest.” Weigle v. Pifer, 139 F. Supp. 3d 760, 769 (S.D. W. … Rather, Plaintiff refers to his rights protected by the Eighth Amendment as examples of “clearly established law” violated by the Defendants that preclude qualified immunity.

Timberlake v. Heflin

180 W. Va. 644 · West Virginia Supreme Court · Mar 13, 1989

Heflin says in response that the complaint contains bare assertions of fact and that it cannot, therefore, qualify as a memorandum. … There also appear to be certain presumptions that are made by courts to establish the essential elements.