Case law

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.

State of West Virginia v. Michael Joseph Stines

West Virginia Supreme Court · Nov 16, 2018

Here, evidence to establish that the decedent was the aggressor, necessary to substantiate a claim of self-defense, was not presented at trial. … be disturbed unless it clearly appears that its discretion has been abused.”

Hatfield v. Painter

222 W. Va. 622 · West Virginia Supreme Court · Nov 12, 2008

It has been recognized that, "[ajlthough Rule 60(b) does not explicitly allow a party to file a motion for clarification and reconsideration, it is well established that a proper Rule 60(b) motion may urge a court to reconsider … Hadley, 188 W.Va. 197 , 423 S.E.2d 600 (1992) ("A motion which would otherwise qualify as a Rule 59(e) motion that is not filed and served within ten days of the entry of judgment is a Rule 60(b) motion regardless of how

Porter v. First Bankshares, Inc.

District Court, S.D. West Virginia · Jun 7, 2022

Summary judgment is appropriate when the nonmoving party has the burden of proof on an essential element of his or her case and does not make, after adequate time for discovery, a showing sufficient to establish that element … Thus, to the extent Plaintiff alludes to some wrongful distribution after she terminated her employment, the Court finds it is not a claim clearly alleged in the Complaint and it is belied by the fact the stock was worthless

Lawyer Disciplinary Board v. Paul J. Harris

West Virginia Supreme Court · Mar 21, 2025

Accordingly, we find that the scheme to hide marital assets alleged by ODC lacks sufficient development and evidentiary support to clearly and convincingly establish the three associated Rule violations found by the HPS … Regardless, neither ODC nor the record clearly demonstrate what tribunal rule Harris allegedly violated.

Bostic v. Ohio River Co. (Ohio DiVision) Basic Pension Plan

517 F. Supp. 627 · District Court, S.D. West Virginia · Jul 6, 1981

Great Western United Corp., 443 U.S. 173, 183-184 , 99 S.Ct. 2710, 2716-2717 , 61 L.Ed.2d 464 (1979), such does not seem to have been Congress’ overriding concern in establishing ERISA venue. … While the Leroy court explained that the purpose of statutorily specified venue is generally to protect a defendant from a forum-shopping plaintiff, it prefaced that explanation with the qualifying “in most instances.”

State v. George W.H.

190 W. Va. 558 · West Virginia Supreme Court · Dec 13, 1993

Thus, the legislature has clearly and unequivocally declared its intention that sexual abuse involving parents, custodians, or guardians, W.Va. … It was well established in the record before this witness even testified that Rita was removed from the home and placed under the protection of the State.

BlueHippo Funding, LLC v. McGraw

609 F. Supp. 2d 576 · District Court, S.D. West Virginia · Feb 25, 2009

The individual is then expected to make a certain number of payments to BlueHippo in order to qualify for financing from BlueHippo Capital. (Id. at 25). … The payments necessary to qualify for financing typically arrive at BlueHippo by (1) receipt of a personal check, or (2) the direct debit of the individual's bank account. (Id. at 64, 92). Mr.

Farley v. Graney

146 W. Va. 22 · West Virginia Supreme Court · Dec 20, 1960

That a junk yard is a legitimate business for which a license is required, is clearly established by the last-mentioned statute. … fixed or established.

EXECUTIVE RISK INDEMNITY, INC. v. Charleston Area Medical Center, Inc.

681 F. Supp. 2d 694 · District Court, S.D. West Virginia · Jul 30, 2009

The Hercules policy clearly provides insurance coverage for three different and distinct risks. … Schedule A is located on page 22 of Exhibit B and is clearly a part of the Hercules policy. 22 .

David L. Henzler v. Turnoutz, LLC and Larry Markham

West Virginia Supreme Court · Jun 12, 2020

Believing that Turnoutz rejected him in favor of younger, less-qualified candidates, Mr. … The court also found that the CAP Release “clearly contemplated that the claims made by [Mr.

State of West Virginia v. Gamble

West Virginia Supreme Court · Jan 12, 2022

Clearly, the West Virginia Legislature did not intend to limit a trial court’s ability to double multiple sentences, otherwise § 60A-4-408 would have provided as such. … The Court rejected that argument, finding that “it is clear that each of those [two] counts qualify as a ‘second or subsequent offense’ under [§ 60A-4-408].

Central Place, LLC v. City of Morgantown Planning Commission

West Virginia Supreme Court · Oct 7, 2016

(b) A comprehensive plan is a process through which citizen participation and thorough analysis are used to develop a set of strategies that establish as clearly and practically as possible the best and most … Though the original application was approved by the Planning Commission, the BZA reversed because, based upon the size and scope of the proposed development, it qualified as a “Major Development of Significant Impact” under

State Ex Rel. Lambert v. Stephens

200 W. Va. 802 · West Virginia Supreme Court · Jul 17, 1997

VIII, § 10 (providing, in part, that "[t]he legislature shall establish in each county a magistrate court or courts ...”). 16 . … The court in Anderson County also held that a court utilizing its inherent "power must establish reasonable necessity by 'clear, cogent and convincing proof.' ” Id. at 881. 23 . See Syl.

Pratt & Whitney Engine Services v. Dale W. Steager, State Tax Comm.

239 W. Va. 833 · West Virginia Supreme Court · Nov 1, 2017

Clearly, the parts in a functioning jet engine have a different utility than the parts that are stocked on shelves and used in the repairs process. … Amendment makes it abundantly clear that goods which are stored in West Virginia and used to create a new product or a product with a different utility do not qualify for the ad valorem tax exemption.

State of West Virginia v. Jerome Aldridge, Jr.

West Virginia Supreme Court · Jan 20, 2021

“The Double Jeopardy Clause . . . provides immunity from further prosecution where a court having jurisdiction has acquitted the accused. It protects against a second prosecution for the same offense after conviction. … The Legislature established four separate offenses, and the record supports the jury’s finding that petitioner separately committed the elements of each of those offenses.

In Re B.C.

233 W. Va. 130 · West Virginia Supreme Court · Feb 21, 2014

Specifically, the Legislature has established that the party in interest who pursues a petition for a domestic violence protective order is a “person.” … On the appendix record presented to this Court, it appears that the mother meets these standards to qualify as a “reputable person.” 13 Point 1, Miller, supra.

Brady v. Reiner

157 W. Va. 10 · West Virginia Supreme Court · Jul 31, 1973

Though it does not affirmatively appear of record, presumably the same individuals have now qualified and are acting as trustees of the independent church, the Avery Chapel church pursuant to statute and the rules of that … As to name, the record clearly establishes, and it is not controverted by appellants, that the various congregations conducted their affairs under the provisions of the Book of Discipline of The United Methodist Church and

Stephens v. West Virginia College of Graduate Studies

203 W. Va. 81 · West Virginia Supreme Court · Jul 10, 1998

Contrary to the Stephenses’ assertions, though, the record clearly demonstrates that ACT counselors in both spring, *87 1992, and fall, 1992, indicated to Mrs. … Dismissal of Vicarious Liability Claim In addition, the Stephenses contest the circuit court’s finding that they failed to adequately establish their claim of vicarious liability.

In re I.R.

West Virginia Supreme Court · Jan 29, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … So, the question is whether Petitioner qualifies as a person “having custodial or other parental rights or responsibilities.”