Case law

State Ex Rel. Clarksburg Municipal Building Commission v. Spelsberg

191 W. Va. 553 · West Virginia Supreme Court · Jul 18, 1994

Gill, 174 W.Va. 109 , 323 S.E.2d 590 [1984], overruled, in part, on other grounds, establishing that funds from general revenues, and not just “special revenues” 5 , could be used to make payments to retire bonds for “necessary … We hold that the same rationale is applicable to Section 8 of Article X, and the bonds in this case clearly qualify under these exemptions.

Gomez v. Young

District Court, S.D. West Virginia · Feb 22, 2019

He asserts that the Texas conviction was properly considered as a predicate controlled substance conviction at the time of his sentencing, but subsequently decided case law establishes that it no longer qualifies as a predicate … He contends that settled law at the time of his sentencing established that state statutes could be analyzed under the modified categorical approach to determine whether a prior conviction qualified as career

Carter v. United States

District Court, S.D. West Virginia · Oct 2, 2019

§ 2402 clearly indicates that tort claims against the United States for money damages “shall be tried by the court without a jury.” Id.; also Lehman v. … The mediation shall otherwise be conducted pursuant to Rule 25 of the Trial Court Rules, unless portions of the rule are clearly not applicable to a mediation conducted prior to the filing of a complaint or unless

State Ex Rel. Nationwide Mutual Insurance v. Kaufman

222 W. Va. 37 · West Virginia Supreme Court · Jan 25, 2008

The importance of a privilege log has been articulated as follows: The purpose of preparing the privilege log is to assist the court and the parties in performing the careful analysis that a privilege or immunities evaluation … Although the instant proceeding does not present a Madden or Light statutory bad faith cause of action, we believe the principles established in Light provide the better guidance for trial courts in deciding whether or not

Steven J. Dukes v. Donnie Ames, Superintentdent, Mt. Olive Correctional Complex

West Virginia Supreme Court · May 26, 2022

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

State v. Clements

175 W. Va. 463 · West Virginia Supreme Court · Mar 27, 1985

The actions of the sheriff’s department in this case were not the actions of the prosecutor or the court, and, therefore, the defendant does not qualify for this exception. Therefore, double jeopardy does not apply. II. … Harris are: (1) a showing that the recording device was capable of taking testimony; (2) a showing that the operator of the device was competent; (3) an establishment of the authenticity and correctness of the recording;

Wise v. Travelers Indemnity Co.

192 F. Supp. 2d 506 · District Court, N.D. West Virginia · Feb 22, 2002

As previously established, the Fourth Circuit has consistently followed *516 the Pacor test. … This clearly appears to be the situation faced before the Court in the present case.

Jason C. Anderson v. Karen Pszczolkowski, Warden

West Virginia Supreme Court · Jun 8, 2018

We have also held that to succeed on a claim of ineffective assistance of counsel in a habeas action, the petitioner must establish that (1) his trial counsel’s “performance was deficient under an objective standard of reasonableness … Moreover, there is a wide range of performance that qualifies as constitutionally sufficient: A defendant seeking to rebut this strong presumption of [defense counsel’s] effectiveness bears a difficult

City of Fairmont v. West Virginia Municiple League, Inc.

West Virginia Supreme Court · Jan 13, 2020

(“Comvest”), established the lease/purchase Program in 1996 and terminated it in 2010. Fairmont contacted Comvest and applied for financing for the Train 5 upgrades. … Yet, Fairmont did not clearly claim it was entitled to $5,500 (or one-half of the $11,000 fee, for which Comvest performed half its services) from the Municipal League until it filed its Rule 59 motion – after this Court

Rohm & Haas Co. v. Roberts Chemicals, Inc.

142 F. Supp. 499 · District Court, S.D. West Virginia · Jun 27, 1956

'Therefore a given composition can not be •established as infringing either claim 10 ■or claim 28 without resorting to a performance in use test because in each the product is described in terms of functions.” … I am not qualified to decide in the absence of evidence at the trial (and none was given) whether or not certain of the claims in the reissue patent deal with entirely different subject matter from that of the original patent

State v. Sutphin

195 W. Va. 551 · West Virginia Supreme Court · Dec 7, 1995

But where such misconduct is induced by a stranger, or a person having no interest in the litiga *560 tion, unless manifestly prejudicial, the effect thereof must be established by proof. … for it to qualify.

Town of Burnsville v. Kwik-Pik, Inc.

185 W. Va. 696 · West Virginia Supreme Court · Jul 25, 1991

The defendants responded with a motion to dismiss the complaint under Rule 12(b)(6) of the West Virginia Rules of Civil Procedure, alleging that the B & 0 tax ordinance established a rate contrary to the legislative grant … We have traditionally held that a proviso in a statute will modify or qualify the preceding subject to which it refers. E.g., Syllabus Point 2, State v.

Lisa Ann Pavich v. American Pride Properties, LLC

West Virginia Supreme Court · Sep 24, 2024

As the issue of enforceability of this settlement required findings of fact and application of legal principles, we review the court’s factual findings under a clearly erroneous standard, questions of law de novo, and the … Va. 567, 264 S.E.2d 625 (1980), that “[w]here there is no duly qualified representative. . . an offspring of the incompetent has standing to act in the capacity of next friend pursuant to Rule 17(c) W.Va.R.C.P. and the Court

Cara New v. Gamestop, Inc.

232 W. Va. 564 · West Virginia Supreme Court · Nov 6, 2013

Rules is clearly more contractual in nature. … As previously established, the GameStop C.A.R.E.S.

G. B. v. Wood County Board of Education

District Court, S.D. West Virginia · Mar 24, 2025

The Board argues that dismissal is proper because Plaintiffs (1) failed to allege that the Board was acting under color of law and (2) failed to establish that Defendant violated a fundamental right. … The ADA forbids schools from discriminating against any “qualified individual with a disability”, id. at 918 (quoting 42 U.S.C. § 12132), while the Rehab act “imposes similar restrictions on . . . schools,” id.

Johanna Dorsey v. Progressive Classic Insurance

West Virginia Supreme Court · Dec 27, 2013

In Loudin, the Majority departed from well-established law by imposing a duty of good faith and fair dealing on insurance companies when dealing with third parties, despite the absence of any underlying contractual duty … Thus, even though Dorsey qualifies as an “insured person” under the policy, she is not a first party to the contract; she is a third party. See, e.g., Gillette v.

Blankenship v. NBCUniversal, LLC

District Court, S.D. West Virginia · Feb 2, 2022

The standard articulated in Anderson clearly contemplates that summary judgment is an appropriate procedure for addressing actual malice. … a plaintiff who qualifies as a candidate for public office to establish a case for a false light invasion of privacy, he must prove that: (1) the defendant gave publicity to a matter

State v. Whittaker

221 W. Va. 117 · West Virginia Supreme Court · Jun 29, 2007

The statements of the three witnesses that the appellant sought to introduce were clearly hearsay and were properly excluded. In State v. … Clearly, the trial court also possesses the right to prohibit the introduction of hearsay testimony.

State of West Virginia v. Iran G.

West Virginia Supreme Court · Jan 14, 2019

I mean, he is – he has tried – I don’t know how many criminal cases he’s tried, but he has tried a lot of criminal cases, and he’s highly qualified. He knows the system. … Further, as discussed more fully below, there was sufficient evidence, absent the State’s remarks, to establish petitioner’s guilt of the crimes charged.

Cookman Realty Group, Inc. v. Taylor

211 W. Va. 407 · West Virginia Supreme Court · Jul 3, 2002

This point was qualified, however, by a recognition that “an inquiring court—even a court empowered to conduct de novo review—must examine a regulatory interpretation of a statute by standards that include appropriate deference … L.J. of Am.U. 1, 12 (1996); see Manning, supra, at 655 (noting that Seminole Rock “removes an important affirmative reason for the agency to express itself clearly; since the agency can say what its own regulations mean .