Case law

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.

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.

Reed v. Hedges

16 W. Va. 167 · West Virginia Supreme Court · Apr 17, 1880

The fifth section of the same chapter provides, that “if it be clearly shown, independently of any admissions in the answers, that the interest of the infant, insane per *190 son, or beneficiaries in the trust, as the case … shall have like authority as to removals and appointments, and as to the custody and tuition of the infant, and the management and preservation of his estate, in *194 cases where the guardian or curator was appointed' or qualified

Fraley v. Stoddard

73 F. Supp. 2d 642 · District Court, S.D. West Virginia · Apr 8, 1999

[b]ut, in order to qualify as “scientific knowledge,” an inference or assertion must be derived by the scientific method. … In short, the requirement that an expert’s testimony pertain to “scientific knowledge” establishes a standard of evidentiary reliability.

Keesecker v. Bird

200 W. Va. 667 · West Virginia Supreme Court · Jul 14, 1997

If a person under any disability does not have a duly qualified representative he may sue by his next friend. … Nevertheless, because the order regarding appellee Steiner is clearly correct, it is affirmed.

Frank A. v. Donnie Ames, Superintendent

West Virginia Supreme Court · Nov 19, 2021

It is well established that in West Virginia, “‘[i]t is the three-term rule, W. Va. … Ineffective Assistance of Counsel It is well established in this Court’s jurisprudence that “[c]laims of ineffective assistance of counsel are governed by the two-prong test established in Strickland v.

State v. Phelps

197 W. Va. 713 · West Virginia Supreme Court · Oct 11, 1996

Proof establishing the charges’ truthfulness might have been relevant to increase the strength of the State’s theory that avoiding prosecution and conviction was the Defendant’s motive but was unnecessary to establish the … qualified to fully represent this defendant without the assistance of co-counsel.”

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.

Connor McLaughlin, Administrator v. Christopher J. Murphy M.D.

West Virginia Supreme Court · May 11, 2018

The screening certificate of merit shall be executed under oath by a health care provider qualified as an expert under the West Virginia Rules of Evidence and shall state with particularity: (1) … Murphy was grossly negligent in that he failed to perform a duty owed to [the decedent] by improperly discharging [the decedent] from the hospital when he was clearly a danger to himself. [Dr.]

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.

State v. Ehrlick

65 W. Va. 700 · West Virginia Supreme Court · May 11, 1909

In other words, relief in equity by abatement is not the necessary sequence of the establishment of the charge of nuisance. Some nuisances are criminal while others' axe not. … This clearly involved a property right. It was so peculiarly and distinctively a bill of that kind that it was entertained at the instance of private parties.

State ex rel. West Virginia Department of Health & Human Resources v. Ruckman

223 W. Va. 368 · West Virginia Supreme Court · Feb 6, 2009

In either instance, our established standard of review is de novo. Syl. Pt. 1, Martin v. … Second, DHHR maintains that it does not qualify as a social service agency that directly counsels children and families, but rather contracts for delivery of these services.

Stephen M. Hood v. Linda Hood, Individually and as the of the Estate of Dorothy Hood and as the of the Estate of Jeffrey E. Hood

West Virginia Supreme Court · Nov 3, 2023

Hood, as executor of my will and request that he be permitted to qualify without bond. … However, when viewed as a whole, this evidence clearly paints a picture of lessening mental acuity beginning in 2006.

Stephen M. Hood v. Linda Hood, Individually and as the of the Estate of Dorothy Hood and as the of the Estate of Jeffrey E. Hood

West Virginia Supreme Court · Nov 8, 2023

Hood, as executor of my will and request that he be permitted to qualify without bond. … However, when viewed as a whole, this evidence clearly paints a picture of lessening mental acuity beginning in 2006.

Stephen M. Hood v. Linda Hood, Individually and as the of the Estate of Dorothy Hood and as the of the Estate of Jeffrey E. Hood

West Virginia Supreme Court · Nov 3, 2023

Hood, as executor of my will and request that he be permitted to qualify without bond. … However, when viewed as a whole, this evidence clearly paints a picture of lessening mental acuity beginning in 2006.

Ohio Valley Environmental Coalition v. United States Army Corps of Engineers

479 F. Supp. 2d 607 · District Court, S.D. West Virginia · Mar 23, 2007

In this matter, Plaintiffs’ interests clearly satisfy the zone of interests test. … While Plaintiffs’ expert, who was qualified and credible, disagreed, the testimony of the competing witnesses amounts to a battle of experts.

Cotter v. Prudential Financial

238 F.R.D. 567 · District Court, N.D. West Virginia · Nov 7, 2006

To qualify for the abuse of discretion standard, the terms of the plan must “clearly grant discretion.” Gallagher v. Reliance Std. Life Ins. Co., 305 F.3d 264, 269 (4th Cir.2002). … District courts may consider evidence outside the administrative record “only when circumstances clearly establish that additional evidence is necessary to conduct an adequate de novo review.” Id.

John William Ernest Ward v. Erica Jill Ward

233 W. Va. 108 · West Virginia Supreme Court · Feb 14, 2014

The word “income” means gross unless the word is otherwise qualified or unless a different meaning clearly appears from the context. … (8) Whether either party has foregone or postponed economic, education or employment opportunities during the course of the marriage; (9) The standard of living established

Fields v. Mellinger

West Virginia Supreme Court · Nov 18, 2020

The Court then found the plaintiff’s constitutional claim was barred by statutory immunity. Id. … See also Heisey, 271 P.3d at 1096-98 (declaring that “a litigant must establish two requirements before we will consider a possible Bivens-type claim: that ‘alternative remedies’ do not exist; and that the constitutional