Case law

Larry Myers v. Outdoor Express and Workforce West Virginia

235 W. Va. 457 · West Virginia Supreme Court · May 13, 2015

16(1) [1997], states that “employment” means service “performed for wages or under any contract of hire, written 8  In this case, it is undisputed that Myers did not qualify … C.S.R., 21A-2-11.01 (1991), Employer’s Report of Low Earnings, the information required to establish partial unemployment includes “the earnings during the week.”

Rose v. Rose

176 W. Va. 18 · West Virginia Supreme Court · Feb 7, 1986

sought by both the mother and father, the court must determine in the first instance whether the primary caretaker is a fit parent, and where the primary caretaker achieves the minimum, objective standard of behavior which qualifies … Nevertheless, [i]t is well established that in controversies relating to the custody and care of children, the child, if he or she is of the age of discretion, should be consulted and due weight should be given to his or

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

In re: N.H., C.H., and B.H.

241 W. Va. 648 · West Virginia Supreme Court · May 17, 2019

Standard of Review Our standard of review for abuse and neglect cases is well established. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Transportation Co. v. Standard Oil Co.

50 W. Va. 611 · West Virginia Supreme Court · Jan 28, 1902

There is no right better established under the law of business than the right of trade competition. Mogul S. S. Co. v. McGregor, 21 Q. B. Div. 544, 23 Id. 598; Hutly v. Simmons, 1 (1898) 2 B. D. Div. 181. … But it does seem to me that though those customers had such right, it did not impart to the defendants any right and immunity to step in between them and the plaintiff and induce those customers to withdraw their patronage

Eastburn v. Norfolk & W. R. Co.

34 W. Va. 681 · West Virginia Supreme Court · Feb 7, 1891

instructions to the jury, to single out certain facts, and instruct them, if they are true, they must find for either party in accordance with such facts, when there are other facts in the case, bearing on the subject, tending to establish … This course would clearly have a tendency to mislead the jury.

Radford v. Carwile

13 W. Va. 572 · West Virginia Supreme Court · Apr 19, 1879

I concur with the Chancellor in the opinion, that *592 “upon tile fullest and most attentive examination of the English cases, these positions are clearly made out and established. ” This case was appealed from and decided … The laws, in my apprehension, arc clearly opposed to this distinction; and I am entirely satisfied that the established rule in equity is, that when a feme covert having separate estate enters into an agreement and sufficiently

State Ex Rel. State Building Commission v. Bailey

151 W. Va. 79 · West Virginia Supreme Court · Oct 11, 1966

This inhibition is so well established that it should be known even to the sciolist.” In the well considered case of Book v. State Office Building Commission, 238 Ind. 120 , 149 N. … the elimination of the unconstitutional provision would not broaden the scope of the act and that it could not be said that the Legislature would not have passed it had it known that members of the Legislature were not qualified

State of West Virginia ex rel. West Virginia-American Water Company v. The Honorable Carrie L. Webster, Judge of the Circuit Court of Kanawha County, West Virginia, Richard Jeffries, individually and on behalf of all others similarly situated and Colours Beauty Salon, LLC

West Virginia Supreme Court · Jun 6, 2023

To establish a violation of the statute, respondents are required to prove that WVAWC failed to establish, maintain, or perform service to its facilities, appliances, and devices as is “reasonable, safe and sufficient” … [T]his provision may enable a court to achieve the economies . . . for a portion of a case, the rest of which may . . . not qualify under Rule 23(a)[.]’” 310 F.R.D. at 296 (quoting Manual for Comp.

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.

Oates v. Continental Insurance Co.

137 W. Va. 501 · West Virginia Supreme Court · Nov 11, 1952

As against the charge of incendiarism the plaintiff sought to establish an alibi. … Clearly she ratified the policy, and it is equally clear that that policy constituted “other insurance.”

Tustin v. Motorists Mutual Insurance Company

668 F. Supp. 2d 755 · District Court, N.D. West Virginia · Nov 10, 2009

However, case law clearly establishes that settlement of a dispute does not warrant vacatur under Rule 60(b). … Similarly, a party’s desire to avoid the potential legal precedent set by an order does not qualify for Rule 60(b)(6) relief. Neumann, 398 F.Supp.2d at 493 .

State Ex Rel. Humphries v. McBride

220 W. Va. 362 · West Virginia Supreme Court · Jun 28, 2007

Here, the conflict was clearly at odds with the fair and efficient administration of justice. … performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified

Rohrbough v. United States Express Co.

50 W. Va. 148 · West Virginia Supreme Court · Nov 23, 1901

L. 398, which allows some latitude to agents of that class and materially qualifies and restricts the general proposition. … Law (2d Ed.) is clearly applicable to this case.

Thompson v. Whitaker Iron Co.

41 W. Va. 574 · West Virginia Supreme Court · Dec 11, 1895

Heiskell, 80 Va. 789 , which qualifies it; but that case was in equity, is not well considered, and is not binding on us. Callis v. Waddy, 2 Munf. 511 ; Rice v. White, 4 Leigh, 474 ; Cook v. … Va. 168 , a suit in equity, clearly holds that the statute runs from the act of fraud, not from its discovery; and Judge Raymond approves Callis v.

Venable Royalty, LTD, and V14, LP v. EQT Production Company, ET Blue Grass, LLC, and AMP IV, LP

Intermediate Court of Appeals of West Virginia · Oct 8, 2024

However, it has been well settled in West Virginia that an interest in oil and gas in place is a real property interest.5 Further, it is well established that a royalty in oil and gas that is produced, or brought to the … Bennett,7 [. . .], wherein the word ‘produced’, qualifying a reservation of oil and gas, was held not to mean oil and gas in place.” McIntosh v. Vail, 126 W. Va. 395, 401, 28 S.E.2d 607, 610 (1943).

State v. Hall

171 W. Va. 212 · West Virginia Supreme Court · Dec 2, 1982

“Whether a change of venue is warranted rests in the sound discretion of the trial court, and its ruling thereon will not be disturbed, unless it clearly appears that such discretion has been abused.” … Thus, appellant’s argument that the prosecution failed to establish a prima facie case is without merit.

STONEWALL JACKSON MEMORIAL HOSPITAL v. American United Life Insurance Company

963 F. Supp. 553 · District Court, N.D. West Virginia · Apr 30, 1997

Under the terms of the Plan, each qualified participant is assigned a pro rata portion of the employer’s lump sum annual contribution. … After careful scrutiny of ERISA’s language and legislative history, the Court concluded that Congress had clearly intended ERISA’s § 502(a)(1)(B) to provide the exclusive vehicle for resolution of such disputes.

Barefield v. DPIC Companies, Inc.

215 W. Va. 544 · West Virginia Supreme Court · Jun 25, 2004

On the one hand, the plaintiff argues that the defendant insurance company is claiming complete immunity for its post-litigation conduct that violates the UTPA. … We find nothing to show that the public policy established in W.VaCode, 33-11-1 is obviated once litigation ensues.

Otis Elevator Co. v. City of Grafton

72 F. Supp. 833 · District Court, N.D. West Virginia · Aug 1, 1947

Elevator Manufacturing Company, is a corporation of Ohio; is registered to do business in the State of West Virginia; has designated the State Auditor, Charleston, West Virginia, as its resident agent; and has a regular and established … He was scarcely qualified to express the opinion that he did, and to reach it he had to disregard language in the Lind-quist et al. claims which clearly distinquish them from the claims of Larson.