Case law

Bank of Kingwood v. Murdock

48 W. Va. 301 · West Virginia Supreme Court · Nov 24, 1900

time of the receipt of the money by the pensioner; surely it was never intended that the government should assume guardianship over the pensioner to protect him against his own acts in dealing with his fellow man, nor to establish … The last claiiso of the section which roads, ‘but shall inure wholly to the benefit of such pensioner,’ is qualified by and must be :read in the light of the preceding words of the section.

Sharp v. Aramark Food Service Corporation

District Court, S.D. West Virginia · Feb 12, 2021

The RFQ clearly indicates that the Defendant Aramark is responsible for the cost and expense of gloves. … It also clearly requires the DOC to supply all necessary cleaning and sanitation supplies for food service operation.

Myers v. WV. CONSOL. PUBLIC RETIREMENT BD.

704 S.E.2d 738 · West Virginia Supreme Court · Nov 22, 2010

The Court clearly indicated that, should the evidence support Mr. … In reviewing the evidence presented by the Appellees at their respective hearings before the Board's hearing officer, the Court cannot find that the Board clearly erred in concluding that neither Appellee had established

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.

Curran v. Owens

15 W. Va. 208 · West Virginia Supreme Court · May 10, 1879

He says: ‘It has long been established, that when an act of Parliament is repealed, it must be considered, except as to transactions passed and closed, as if it had never existed.’ … Every right resting in perfect obligation is vested, and cannot be disturbed; but rights arising under a statute, which are imperfect and inchoate, cannot claim any such immunity.

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

Atlas Storage Co. v. United States

306 F. Supp. 570 · District Court, S.D. West Virginia · Oct 13, 1969

Whether or not certain expenditures for wiring and warehouse fixtures were deductible business expenses under Section 162 of the Internal Revenue Code of 1954 or capital expenditures which did not qualify for a deduction … The evidence clearly indicates that the physical operation and designation of the several taxpayers in the three groups were to a large degree interrelated and integrated.

Arthur R. Poff v. Pamela A. Poff

Intermediate Court of Appeals of West Virginia · Mar 13, 2024

Although mental capacity is necessary, it is not sufficient to establish the existence of a valid gift. … Va. 781, 785, 364 S.E.2d 794, 798 (1987) (“when real property… [is] at stake, it requires considerably more than the simple fact that property was transferred from one spouse to the other to establish a qualified… gift.”)

State v. Sandor

218 W. Va. 469 · West Virginia Supreme Court · Dec 1, 2005

The circuit court made factual findings that the record, taken as a whole, established that the appellant intended to proceed without the assistance of counsel. … That awareness can be established, however, without regard to any admonitions or colloquies by the court.

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.

Rhodes v. E.I. Du Pont De Nemours & Co.

253 F.R.D. 365 · District Court, S.D. West Virginia · Sep 30, 2008

Diagnostic testing is “reasonably necessary” if “a qualified physician would prescribe based upon the demonstrated exposure to a particular toxic agent.” Id. The “qualified physician” standard is flexible. … The West Virginia Supreme Court of Appeals has clearly explained that the medical monitoring cause of action is “well-grounded” in traditional tort law.

Thomas B. v. Donnie Ames, Superintendent

West Virginia Supreme Court · Mar 23, 2020

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 … When closing arguments were made, the jury had heard testimony which, if believed, established that petitioner was a “child molester.”

Loretta Lynn Gomez v. Kanawha County Commission

237 W. Va. 451 · West Virginia Supreme Court · Jun 3, 2016

within its discretion; that such discretion, if exercised within legal limitations, is practically absolute; and that the courts will not control the right to take any particular land unless such right of the applicant is clearly … The opinion evidence of a witness so qualified is admissible but its weight and its credibility are questions for the jury.”). But see Syllabus Point 4, State Rd. Comm’n v.

Buda v. Town of Masontown

217 W. Va. 284 · West Virginia Supreme Court · Mar 22, 2005

hearing written protest is filed by thirty percent or more of the owners of real estate situate in said municipality, then the governing body of said municipality shall not take further action unless four fifths of the qualified … Appellants also contend that their right to present evidence was denied by the circuit court in this matter because the circuit court did not hold an evidentiary hearing for Appellants to establish that they did not receive

Burless v. West Virginia University Hospitals, Inc.

215 W. Va. 765 · West Virginia Supreme Court · Jun 30, 2004

Conversely, absent other overt acts by the hospital indicating an employer/employee relationship, an unambiguous disclaimer by a hospital explaining the independent contractor status of physicians will generally suffice to immunize … The complex manner of operation of the modern-day medical institution clearly demonstrates that they furnish far more than mere facilities for treatment....

Harlee Beasley v. Mark A Sorsaia, Prosecuting Attorney of Putnam County

West Virginia Supreme Court · Nov 10, 2022

According to Petitioner, subsection (f) is ambiguous and, therefore, must be “interpreted to be clearly understood[.]” … As the State observes, this conventional practice might plausibly qualify as cruel mistreatment, for purposes of § 61-8-19(a)(1)(A), or mutilation, for purposes of § 61- 8-19(b), were it not excluded under § 61-8-19(f).

In The Matter of: Judge William M. Watkins, III

233 W. Va. 170 · West Virginia Supreme Court · Mar 26, 2013

We have determined that, if a judge’s law license is suspended, then that lawyer is no longer qualified to “assume or hold judicial office.” Syllabus Point 6, Committee on Legal Ethics v. Karl, supra. … When a judge insults, ridicules, or disparages counsel, the parties, jurors, or witnesses, it is clearly misconduct.

Campbell v. Campbell

125 W. Va. 15 · West Virginia Supreme Court · Nov 4, 1942

Assignment five is based upon the fact that the plaintiff’s wife, in testifying for the plaintiff, qualified her statement that the money brought by Campbell to Charleston was his, by saying that the royalty money *19 belonged … We believe that the instruction, if not clearly wrong, is at least drafted in a double aspect, and for that reason is quite confusing.

Boone v. Activate Healthcare, LLC

West Virginia Supreme Court · Jun 11, 2021

Code § 5-11-9(7)(A) (1998) (2006) of the West Virginia Human Rights Act establishes three distinct causes of action. More specifically, pursuant to W. Va. … Va. 45, 50, 829 S.E.2d 45, 50 (2019) (allowing 4 For at least twenty-five years, this Court has required heightened pleadings only in cases “where immunities are implicated.” W. Va.

Energy Corp. of America v. Bituminous Casualty Corp.

543 F. Supp. 2d 536 · District Court, S.D. West Virginia · Feb 4, 2008

Material facts are those necessary to establish the elements of a party’s cause of action. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). … Eastern is clearly not an insured under the express terms of the Umbrella Policy. The Umbrella Policy defines an insured as S.W.