Case law

Satterfield v. Erie Insurance Property & Casualty

217 W. Va. 474 · West Virginia Supreme Court · Jun 30, 2005

Standard of Review Our standard of review is well established: “A circuit court’s entry of summary judgment is reviewed de novo.” Syl. Pt. 1, Painter v. Peavy, 192 W.Va. 189 , 451 S.E.2d 755 (1994). … This is because the' policy — on its face — clearly provides coverage under the “newly acquired auto clause.” See Syl. Pt. 1, Soliva v.

State of West Virginia ex rel., Municiple Water Works v. The Hon. Derek C. Swope

West Virginia Supreme Court · Oct 18, 2019

It is not necessary to establish that joinder is impossible; rather, the test is impracticability. … Clearly delineating the contours of the class along with the issues, to represent the class.

French v. French

14 W. Va. 458 · West Virginia Supreme Court · Dec 14, 1877

the permanent rules of construction says : “And there is none of more universal application, both here and in England, than that the plain and unambiguous words of the will must prevail, and are not to be controlled or qualified … It seems that it is now an established principle, that while a person may make a conditional will, his intention todo so must appear clearly. Judge Moncure in the case of Cody v.

Vanessa T. v. Shawn G.

West Virginia Supreme Court · Jun 17, 2019

In the August 18, 2017, agreed order, the Boone County Family Court found that the parties’ case did not qualify for “subsidized payments to the GAL through the Supreme Court [of Appeals] of [W]est [V]irginia[.]” … Respondent counters that the Boone County Family Court’s September 20, 2017, order should be affirmed because its findings are not clearly erroneous.

Clark v. Wilbur

913 F. Supp. 463 · District Court, S.D. West Virginia · Jan 11, 1996

(3) he has taken the required steps to establish his right. … Clark argues “it is by no means certain that annuities of the type in defendants’ IRAs would qualify as ‘life insurance’ under the statute.” PL’s Reply at 9. 9 The Court agrees.

State v. Brown

210 W. Va. 14 · West Virginia Supreme Court · Jul 25, 2001

However, another pre-trial hearing occurred on February 19, 1999 at which time the defendant clearly moved to withdraw his motion to continue the trial. … In addition, Michael Mount was given immunity for breaking and entering in exchange for testifying against the defendant. Finally, none of the testimony was corroborated by scientific evidence.

Karen Coffield v. Ronald Neil Robinson, II.

West Virginia Supreme Court · Apr 16, 2021

Va. 138, 459 S.E.2d 415 (1995) (“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.”). … Warrington, 982 So.2d 365 (Miss. 2008) (waiver of tort immunity defense); Meadows v.

Coss v. Teters

District Court, S.D. West Virginia · May 12, 2023

immunity, (3) the claims against the Defendants should be treated as a Monell claim, which the Plaintiff has failed to sufficiently allege, and (4) punitive damages are inappropriate. … The Petition Clause clearly protects the rights of individuals to access procedures of redress, including making a legitimate criminal complaint.

In re A.L. and B.L.

West Virginia Supreme Court · Jun 1, 2026

Drew Barzman, whom the court qualified as an expert in the field of forensic psychology, to testify. Dr. … Here, the record clearly established that the petitioner sexually abused B.L. and that the degree of family stress and potential for further abuse was so great that it precluded the use of assistive resources.

Parfitt v. Sterling Veneer & Basket Co.

68 W. Va. 438 · West Virginia Supreme Court · Dec 20, 1910

Why, clearly the handwriting. It is said by this Court in Tower v. Whip, 53 W. … Ward, 9 Grat. 622, purporting to qualify Shepherd v.

Kania v. CHSPSC, LLC

District Court, S.D. West Virginia · Jun 25, 2024

Here, Plaintiff has established a prima facie case for FMLA retaliation. … “Once the plaintiff proffers evidence establishing his prima facie case, and the employer offers a non-retaliation reason of the adverse reaction, the plaintiff ‘bears the burden of establishing that the employer’s proffered

Pack v. Shanklin

43 W. Va. 304 · West Virginia Supreme Court · Apr 10, 1897

Shanldin were by said will appointed executors, and duly qualified as such, and took charge of said estate, both real and personal. … The vast domains of the clergy acquired by the Catholic establishment, of Prance are. known to us all.

Brown v. United States

District Court, N.D. West Virginia · Jul 25, 2023

Further, the magistrate found that the FTCA’s quarantine exception applies and provides the Defendant with immunity from suit for any claim related to a quarantine. … The Plaintiff objects to the magistrate’s finding that the Defendant is immune from suit for any claim related to quarantine.

State v. McClure

184 W. Va. 418 · West Virginia Supreme Court · Dec 19, 1990

In that case, the Court stated in syllabus point 3 that: Out-of-court statements made by the victim of a sexual assault may not be introduced by a third party unless the statements qualify as an excited utterance under Rule … Obviously, a distinguishing feature between the Richey and Franklin cases was the fact that in the one case the presence and goals of the individuals were prominent and clear to the jury and clearly aimed at influencing the

Hinkle v. Black

164 W. Va. 112 · West Virginia Supreme Court · Dec 18, 1979

Code, 56-9-1 [1939] provides: A circuit court, or any court of limited jurisdiction established pursuant to the provisions of section 1, article VIII of the Constitution of this State, wherein an action, suit, motion or other … to attain the relief he or she desires. * * * (2) The petitioner will be damaged or prejudiced in a way not correctable on appeal (This guideline is closely related to the first). * * * (3) The district court’s order is clearly

William Caudill, duly appointed guardian of minor infants T.M. and C.M., Charles Samuel Hammett, Kimberly Dawn Hammett, and Haylie Hammett v. EAN Holdings LLC, d/b/a Enterprise Rent-A-Car, Buenaventura Jesurum, Empire Fire and Marine Insurance Company, Rental Insurance Services, Inc,, and Rafael Lorenzo Herrera

West Virginia Supreme Court · Apr 26, 2022

Herrera—who did not qualify to rent a vehicle from EAN due to lack of credit and proof of permanent address—did not qualify as an authorized driver of Mr. Jesurum’s rental vehicle. According to Mr. … Herrera’s inability to rent a car from EAN and to qualify as an “additional authorized driver” on the rental agreement are relevant to his competency to operate a vehicle, safely. They are not: Mr.

State v. Bragg

140 W. Va. 585 · West Virginia Supreme Court · Mar 8, 1955

Bragg then went with Dolly Rice to the West Virginia Hotel, an establishment located in the City of Logan, where they spent the night together. … The threshold question is whether the venue of the case was established to lie iii Kanawha County.

Murphy v. Secretary, U.S. Department of Homeland Security

District Court, N.D. West Virginia · Jul 11, 2019

The Plaintiff argues that he was more than qualified for the armed security guard position because he was a retired Federal Law Enforcement Officer of 25 years who was previously employed as a Special Agent Security Officer … The federal agency itself is immune from suit. See, e.g., Settles v. U.S. Parole Comm’n, 429 F.3d 1098, 1105-07 (D.C.

Christine Blanda v. Martin & Seibert, LC

West Virginia Supreme Court · Nov 22, 2019

violation of the substantial public policy embodied in West Virginia Code § 61-3-24 (obtaining money by false pretenses).10 Respondents counter that our 8 138 S.Ct. 767, __ U.S. __ (holding that for a person to qualify … Pa. 1993) (finding plaintiff’s termination for gratuitously alerting others about defendants’ improper billing practice did not violate type of significant, clearly mandated public policy required to satisfy the very narrow

American Buttonhole Overseaming Sewing Machine Co. v. Burlack

35 W. Va. 647 · West Virginia Supreme Court · Dec 17, 1891

They would go to establish what no professional man would directly aver ; and that is, that a delivery is not necessary at all.” Id. 79. … the obligor must bear the loss ; such principle has in this case no application. (2) If the instrument is delivered to the obligee by the obligor, being perfect on its face, then the verbal condition made at the time to qualify