Case law

Phillip Leon M. v. Greenbrier County Board of Education

199 W. Va. 400 · West Virginia Supreme Court · Dec 13, 1996

student, whether in class or out, whether it stems from the time, place, or type of behavior, which materially disrupts classwork or involves substantial disorder or invasion of the rights of others, is not constitutionally immunized … Adams, 196 W.Va. 9, 23 , 467 S.E.2d 150, 164 (1995)(“Financial hardship clearly cannot be the appropriate test to be applied in defining ‘free schools’”); Syl. pt. 2, State ex rel.

Johnson v. Junior Pocahontas Coal Co., Inc.

160 W. Va. 261 · West Virginia Supreme Court · Mar 29, 1977

The qualifying rules stated in §§ 531 to 537, Id., do not remove this particular case from the ambit of the general rule stated in § 530. … Intention can be manifested in many ways, and in this case it is manifested most clearly and directly. The original deed of June 1, 1956, conveying the surface interest to Paul W.

State of West Virginia ex rel. Hope Clinic, PLLC v. Judge McGraw

West Virginia Supreme Court · May 17, 2021

Code §55-7B-6(c) is clearly “in lieu of” providing such a certificate of merit, such statement should be served no later than the applicable statutory deadline for providing a certificate of merit pursuant to W. Va. … The screening certificate of merit shall be executed under oath by a health care provider who: (1) Is qualified as an expert under the West Virginia rules of evidence;

Appalachian Power Co. v. Public Service Commission

630 F. Supp. 656 · District Court, S.D. West Virginia · Feb 14, 1986

all claims presented by the Plaintiffs on the grounds that Plaintiffs’ complaint does not allege an actual case or controversy, or, alternatively, in their favor on the Due Process Claim on the ground that the PSC enjoys immunity … The Transmission Agreement among the five signatory members of the AEP System is quite clearly a contract affecting a rate or charge for the use of facilities used in the transmission of electric energy from one state for

Bailey v. Vaughan

178 W. Va. 371 · West Virginia Supreme Court · Jul 22, 1987

We utilized the teachings of Meadows to establish Syllabus Point 2 of Masinter v. … Clearly, both Delaware and Idaho now impose an obligation to disclose insider information. See notes 6 and 7, supra. 9 .

Riddle v. Baltimore & Ohio Railroad

137 W. Va. 733 · West Virginia Supreme Court · Jan 13, 1953

such an action, predicated partially upon evidence going beyond the true measure of damages, and tending to prove the cost of altering the condition of the property so as to abate the cause of injury or render the property immune … The testimony of witnesses who relied on the bucket survey clearly indicates that a great part of their testimony is founded on hearsay.

West Virginia Human Rights Commission v. Garretson

196 W. Va. 118 · West Virginia Supreme Court · Feb 15, 1996

“The denial of these rights to properly qualified persons by reason of race, religion, color, national origin, ancestry, sex, age, blindness, handicap, or familial status is contrary to the principles of freedom and equality … While it is true that the Mohasco court upheld a summary judgment against a respondent for failure to file on time, Mohasco is clearly distinguishable from the instant case.

Mills v. Cabell County Board of Education

District Court, S.D. West Virginia · Aug 3, 2023

her” violated clearly established law. … As to the claim for intentional spoliation, Defendant CCBOE is immune from liability.

Kessel v. Leavitt

204 W. Va. 95 · West Virginia Supreme Court · Jul 22, 1998

Bluefield Community Hosp., 186 W.Va. 424, 430 , 413 S.E.2d 79, 85 (1991) (instructing that “in order to establish fraud, the circumstances must be clearly alleged and proved”), overruled on other grounds by Courtney v. … An attorney does not possess any immunity from liability for his own intentional misconduct.

Kelly Ann Richardson v. Timothy E. Richardson

West Virginia Supreme Court · Dec 7, 2020

a qualified Code, 48–2–1(f)(4) [1986] gift. … Clearly, the family court weighed the Banker factors, as required by this Court, and found that neither party was in a significantly better position than the other to pay such fees.

Clark v. Milam

872 F. Supp. 307 · District Court, S.D. West Virginia · Jun 28, 1994

Clearly, there is no identity between the cause of action asserted by GW LIFE in the consolidated action and those now asserted by the Plaintiff. … The foregoing statute clearly articulates the policy underpinnings for appointment of the Insurance Commissioner as receiver for an insurer.

Rebuild America and REO America v. Mark E. and Tammy L. Davis

235 W. Va. 245 · West Virginia Supreme Court · Apr 9, 2015

STANDARD OF REVIEW It is well-established that “[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). … In its brief, Rebuild concludes its argument by stating that “the sale of the tax lien qualifies as an exception from the automatic stay and all events associated with the tax sale did not [violate] the automatic stay.”

State v. Clifford

59 W. Va. 1 · West Virginia Supreme Court · Feb 13, 1906

The existence of such intent at the time of the killing is a necessary ingredient of crime, and it is clearly not enough that the prisoner intended such purpose at some previous time. … They cannot find the elements of murder or any other offense when the evidence wholly fails to establish them.

Mullins v. Johnson

District Court, N.D. West Virginia · Mar 26, 2024

The complained-of statement, while unflattering, is clearly a matter of opinion, which does not contain a clearly provable assertion of fact. … In addition to asserting that Plaintiff’s claims in Counts I, II, III, IV, V, VIII, and IX are insufficiently pled and lack merit, the Defendants also contend that (1) qualified immunity shields

In re H.W.

West Virginia Supreme Court · Jun 14, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The governing statutory law has clearly established when the DHHR is required to seek a ruling on the termination of a parent’s rights to his/her child(ren) and when the DHHR is relieved from such duty.

Cynthia D. Pajak v. Under Armour, Inc., Under Armour Retail, Inc., and Brian Boucher

West Virginia Supreme Court · Apr 22, 2022

Armour: It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, or except where based upon applicable security regulations established … Williamson’s employing entity qualified as an “employer,” and, if not, whether Ms. Williamson could maintain a common law claim for retaliatory discharge against her former employing entity.

Summerfield v. White

54 W. Va. 311 · West Virginia Supreme Court · Dec 5, 1903

If a monument called for by the deed is established by uncontradicted evidence it becomes binding upon *316 the parties. … But the general rule is subject to very important qualifiications. Witten v. St. Clair, supra. These qualifications rest upon the principle of estopped for the most part.

Jesse v. Kijakazi

District Court, S.D. West Virginia · Sep 22, 2021

Substantial evidence is not, however, “[w]itness testimony that’s clearly wrong as a matter of fact,” “[f]alsified evidence,” “[s]peculation,” or “conclusory assertions.” … Because qualifying statements are essentially symptoms, ALJs assess qualifying statements for consistency with the record in the same way they assess claimants’ other symptoms

State of West Virginia ex rel. P.G.-1, P.G.-2, and K.G., Jr. v. The Honorable Ronald E. Wilson, Judge of the Circuit Court of Hancock County

West Virginia Supreme Court · Nov 17, 2021

2020 order states that A.G. was adjudicated based on her stipulated failure to protect the children from K.G. 2 maintain employment, (i) execute releases, (j) work with DHHR to establish … The report noted that the G Children were doing well and had “clearly bonded with their foster family.” A.G., however, was not “making satisfactory progress” on her improvement plan.

Stone v. Hill

52 W. Va. 63 · West Virginia Supreme Court · Nov 29, 1902

Stone, plaintiff’s husband, was appointed and qualified as deputy for said sheriff, and as such deputy executed bond to said sheriff with defendant, L. D. … (Syl. pt. 3), it is held: “The evidence in case of a parol gift from father to child, should be direct, positive, express and unambiguous, and its terms clearly defined.”