Case law

Baker v. CSX Transportation, Inc.

District Court, S.D. West Virginia · Aug 2, 2021

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 … Resp. 6, the information contained in the redacted COII was clearly relevant to each individual investigation because the very basis of the Defendants’ suspicions was the curiously similar nature of the more than 56 COII

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;

Lockhart v. United States

District Court, S.D. West Virginia · Sep 16, 2024

Laws § 750.84(1)(a) was “a specific intent crime that categorially qualifies as a crime of violence under the Sentencing Guidelines.” (Id.) … Raybon clearly held that a prior Michigan conviction for assault with intent to do great bodily harm less than murder qualifies as a crime of violence. Raybon, 867 F.3d at 632.

State of West Virginia ex rel. Patrick Morrisey v. Diocese of Wheeling-Charleston and Michael J. Bransfield

West Virginia Supreme Court · Nov 16, 2020

rafting, rock climbing, caving, mountain biking, football and marketing these for-fee camps as having fully certified professionals with thousands of hours of training in serving youth, emergency medical training, and qualified … Clearly, the nonsensical and unsupported leap from educational services to recreational services is illogical and lacks any statutory support—contrived or otherwise.

Ronald Hardy v. 3M Company

West Virginia Supreme Court · Nov 7, 2025

Neither, however, may be read to override the standards set forth in Rule 56 to immunize certain types of cases from summary disposition. … It is recommended that you consult with a knowledgeable professional, such as an attorney or a physician who is qualified to advise you.

Arch Insurance Company v. Berkley National Insurance Company

District Court, S.D. West Virginia · Jun 24, 2019

In , the court found that the indemnity provision “clearly and unequivocally” provided for indemnity, even for the indemnitee’s own negligence. , 619 A.2d at 288. … The plaintiff argues that while Stic-Lan’s immunity bars recovery from Mr.

Miller v. Charleston Area Medical Center

District Court, S.D. West Virginia · Oct 17, 2024

On September 11, 2021, during Plaintiff’s employment, CAMC instituted a policy requiring all its employees to receive a COVID-19 vaccine unless a qualifying medical exemption applied. … the West Virginia Human Rights Act (“WVHRA”); (4) disability discrimination, also in violation of the WVHRA; and (5) a violation of section 16-3-4b, which provides for exemptions to compulsory immunization

Moore v. Hamilton

151 W. Va. 784 · West Virginia Supreme Court · Jul 11, 1967

Then be again walked out of tbe room and I told him tbat unless we could come to some agreement then, I was going to qualify Mr. Mutcbler. … It clearly appears from the evidence that the various tracts if sold separately for the amounts respectively bid for them, which aggregated $56,500.00, would have produced an amount equal to or in excess of the indebtedness

Barr v. Ireland

575 F. Supp. 2d 747 · District Court, S.D. West Virginia · Sep 5, 2008

The Barr/Root campaign learned on August 10 and August 28, 2008, that it did not qualify for the ballot for failure to satisfy the two requirements. … In an effort to provide some means for adjudicating where the lines are properly drawn when such weighty interests collide, the *756 Supreme Court in Anderson established a settled framework.

State v. Goodmon

170 W. Va. 123 · West Virginia Supreme Court · Dec 18, 1981

A trial court’s decision regarding the voluntariness of a confession will not be disturbed unless it is plainly wrong or clearly against the weight of the evidence. … The second written confession and the tape recorded statement, however, were clearly not admissible as evidence in the State’s case in chief under our holding in Syl. pt. 1 of State v.

Roberts v. Gestamp West Virginia, LLC

District Court, S.D. West Virginia · Oct 19, 2020

Courts that have considered comparable levels of impairment have concluded that such limitations do not qualify for ADA protection. … In order to establish a claim under the West Virginia Human Rights Act (WVHRA), a plaintiff must establish that they are a member of a protected class. See W. Virginia Univ. W. Virginia Bd. of Regents v.

Kinder v. Boomer Coal & Coke Co.

82 W. Va. 32 · West Virginia Supreme Court · Mar 12, 1918

If competent and qualified, his negligence in the discharge of the duties imposed upon him by statute in the operation of the mine is not, as observed, chargeable to defendant. Williams v. Thacker Coal & Coke Co., 44 W. … It is well established in this state that a judgment is erroneous if obtained without an issue in an action brought in the circuit court; Shires v. Boggess, 68 W. Va. 137 .

State ex rel. Mundy v. Andrews

39 W. Va. 35 · West Virginia Supreme Court · Mar 19, 1894

Va. 443 , sixth' point of syllabus, it was held that “the declaration of an agent, made while he is' performing the act authorized by the principal, which qualify and characterize the act, are admissible in evidence against … Ev. (15th Ed.) p. 262, note b, it is said : “The rule has not been uniform or very clearly settled as to the right of a party to claim a loss of profits as a part of the damages for breach of a special contract.

SER Universal Underwriters & Zurich American Insurance. v. Hon. Patrick Wilson

825 S.E.2d 95 · West Virginia Supreme Court · Mar 8, 2019

In syllabus point 2 of Robertson we set out the following test for establishing judicial estoppel: Judicial estoppel bars a party from re-litigating an issue when: (1) the party assumed a position on the issue that is clearly … Unlike the rule we have adopted when an organization seeks to qualify the testimony of a Rule 30(b)(7) deponent, the sham affidavit rule requires new information "contradict" a deponent's prior testimony.

Highlands Conservancy v. Pub. Serv. Com'n

527 S.E.2d 495 · West Virginia Supreme Court · Dec 16, 1998

qualifies as a public utility. … Prior the establishment or building at that point, there were never any use made of the water and there were no fish in the stream.

Killen v. Logan County Commission

170 W. Va. 602 · West Virginia Supreme Court · Sep 3, 1982

An objection to any assessment value may be sustained only upon the presentation of competent evidence, such as that equivalent to testimony of qualified appraisers, that the property has been under- or over-appraised by … Clearly, the Legislature has the duty and responsibility to levy taxes. W.Va.Const. art. 10. The Legislature has authorized local levying bodies to establish levy rates within constitutional and statutory limits.

State Ex Rel. Prosecuting Attorney v. Bayer Corp.

223 W. Va. 146 · West Virginia Supreme Court · Jan 9, 2009

Our holding is qualified because there are statutes which authorize review by a petition for a writ of certiorari, but expressly prohibit de novo review. See, e.g., W. … We summarily find that the evidence was insufficient to establish that Bayer's tax reporting errors were clerical errors.

Kemp v. Boyd

166 W. Va. 471 · West Virginia Supreme Court · Feb 21, 1981

The circuit court found that the appellant refused “qualified citizens of the county an opportunity to be heard and present evidence”. … Code § 11-3-24 . *481 Clearly the McDowell County Commission sitting as a Board of Equalization and Review attempted to comply with the statutory reassessment provisions.

State of West Virginia v. Keith Allen Wood

West Virginia Supreme Court · Apr 10, 2023

The court further instructed that “guilt must be established by strong and sufficient evidence to remove from the minds of the jury every reasonable doubt to the contrary.” … The statement-containing records petitioner cites fall clearly within these hearsay exceptions.

Myers v. City of Charleston

District Court, S.D. West Virginia · Nov 13, 2020

Paragraph 122, labeled “Damages,” is clearly that: An enumerated list of alleged damages. … As the statute establishes in no uncertain terms, causes of action for injuries to the person and resulting in death do not survive.