Case law

Berry v. Union National Bank

164 W. Va. 258 · West Virginia Supreme Court · Feb 5, 1980

Berry, appellant, qualified as executrix. After a series of specific bequests to her heirs at law, appellees Ellen Clayton and Arthur Clayton, and to other parties, Ms. … The purpose of equitable modification is to revise an instrument in a fashion that effectuates a testator’s general intent within the limitations established by the rule.

State v. Wade

174 W. Va. 381 · West Virginia Supreme Court · Feb 28, 1985

[gave] ... material false testimony under oath_” The information clearly informed the appellant of the nature and cause of the accusation against the appellant, contained the essential facts that constituted the charge and … After establishing that such a relationship exists, a party has a right to obtain individual voir dire of the challenged juror to determine possible prejudice or bias arising from the relationship.

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.

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.

Hendershot v. Hendershot

164 W. Va. 190 · West Virginia Supreme Court · Jan 22, 1980

Appellant argues that while Bloom sets the federal constitutional standard, Article III, Section 14 of the West Virginia Constitution clearly calls for a more protective standard. In this respect, Oregon v. … Code, 61-5-26, 12 establishes a provision on contempt which implies that the court, for a direct contempt committed in its presence, can without jury impose a maximum fine of $50 and ten days in jail.

Monongalia County Board of Education v. American Federation of Teachers—West Virginia

238 W. Va. 146 · West Virginia Supreme Court · Nov 2, 2016

instant dispute, during a board meeting on September 27, 2011, MCBOE approved the expenditure of Title I funds to contract with RESA VII for the services of four interventionists, each to be assigned to a specific Title I qualifying … Vol. 2016).10 The Legislature has expressly stated its intent for establishing RESAs thusly: “The intent of the Legislature in providing for establishment of [RESAs], hereinafter referred to in this section as agency or

E.O.R. v. M.D.W.

West Virginia Supreme Court · Mar 8, 2018

Father asserts that, because a car is an automobile, Mother’s receipt of her car as a gift qualifies as an “in kind payment.” … It is well-established that, “the word ‘may’ is inherently permissive in nature and connotes discretion.” Daily Gazette Co. Inc. v. W.Va.

Schwarzbach v. Ohio Valley Protective Union

25 W. Va. 622 · West Virginia Supreme Court · Apr 4, 1885

It is there laid down in this language: “The covenants declared on are clearly dependent, and unless the excuse for not performing it is valid, the count is clearly bad. Roach v. Dickinson, 9 Grat. 154. In Clark v. … Put to this well established rule, there is the equally well established exception, that, where the defendant has prevented a performance by the plaintiff on his part, it is not necessary, that the plaintiff should aver or

State of Florida, Department of Health & Rehabilitative Services Ex Rel. State, Department of Human Services v. Thornton

183 W. Va. 513 · West Virginia Supreme Court · Jul 27, 1990

At the conclusion of the November 13, 1989 hearing, the Thorntons’ counsel made a motion to have C.H. examined by a duly-qualified expert to determine what effect a custodial change would have on the child. … If this allegation is true, we would be forced to conclude that Florida’s jurisdiction over the child had clearly lapsed. See Templeton, 595 F.Supp. at 774-75 .

WE LONG CO.-INDEPENDENT BAKERS'COOP. v. Burdett

126 S.E.2d 181 · West Virginia Supreme Court · Jun 26, 1962

That the petitioners have complied with and satisfied the statutory requirements is established by the undisputed facts stipulated between the parties. … Section 9 of the statute indicates clearly that the title and ownership of a trade-mark are not determined or concluded by its registration under the statute and that the title and ownership of a trade-mark, regardless of

Rattay v. Medtronic, Inc.

482 F. Supp. 2d 746 · District Court, N.D. West Virginia · Apr 3, 2007

Under § 360e, unless it qualifies for an exception, a Class III medical device must be subjected to PMA scrutiny before it can be marketed and sold in the United States. … These claims clearly relate to the safety and effectiveness of Medtronic’s product.

Clay v. Saad

District Court, N.D. West Virginia · Jan 10, 2018

Ct. 2243 (2016), his prior convictions in Kentucky no longer qualify as predicate controlled substance offenses, thus rendering him “actually innocent” of the career offender enhancement (Dkt. … Courts will uphold those portions of a recommendation to which no objection has been made unless they are “clearly erroneous.” See Diamond v. Colonial Life & Accident Ins.

Clark v. Milam

830 F. Supp. 316 · District Court, S.D. West Virginia · Jul 22, 1993

In order to qualify for federal court deference to a parallel state proceeding under Colorado River, the federal case must duplicate the pending state proceedings. McLaughlin, 955 F.2d at 931 . … Clearly, this Court may not surrender its jurisdiction in deference to the Florida proceeding as Defendant Allen suggests. His argument to the contrary lacks merit. 7 .

Chandra T. v. Robert M.

Intermediate Court of Appeals of West Virginia · Feb 9, 2026

Timothy Saar, Ph.D., conducted a parental fitness evaluation of Father and recommended that Father participate in counseling with an individual qualified in dealing with personality disorders. … Mother’s simple disagreement with the family court’s weighing of this evidence does not establish error.

Cochrane v. Hyre

49 W. Va. 315 · West Virginia Supreme Court · Mar 23, 1901

The demurrer is grounded upon the failure of the bill to show authority of plaintiff to sue as guardian, for whom he is guardian, or that he has qualified. … And it seems also to be pretty well established that actual notice is not necessary.

Straughan v. Hallwood

30 W. Va. 274 · West Virginia Supreme Court · Nov 12, 1887

The law as I have stated it, sustained by the Alabama decisions, while not disputed, so far as I know, is nevertheless qualified by the decision in Pinch v. Anthony, 10 Allen, 471 , 477. … PI. §§ 12, 58, — as establishing this legal proposition, which he states in his brief. There is no question but these, and innumerable other cases show clearly that this is the law.

HP, Inc. v. Judith Thomas

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

Thomas had expended considerable time and effort in the case during that time; and that HP failed to establish issues of material fact or meritorious defenses. … West Virginia law clearly precludes the recovery of attorney fees for a self-represented litigant. See Smith v. Bradley, 223 W.

Carrico v. West Virginia Cent. & P. R'y Co.

24 L.R.A. 50 · West Virginia Supreme Court · Mar 24, 1894

Of course evidence must be relevant, as tending to establish some material matter in the case. Is this at all relevant ? … I do not think it tells the jury, that if the arm was inside the window, all else to fix liability on the company was established. It would be rather straining the instruction to say so.

TXO Production Corp. v. Alliance Resources Corp.

187 W. Va. 457 · West Virginia Supreme Court · May 14, 1992

The proffered evidence was clearly relevant to the issue of malice. Furthermore, as we stated in Syllabus Point 2 of State v. … Second, as we explained above, this evidence is clearly probative of the material issue of whether TXO acted with malice.

Morgan v. Grace Hospital, Inc.

149 W. Va. 783 · West Virginia Supreme Court · Jun 29, 1965

Must she be penalized and denied a day in court and must the defendants and their employees be rendered immune from any redress of the wrong inflicted upon the plaintiff merely because apparently the wrong or tort could be … On the contrary the rule applied in those cases constitutes a well recognized and clearly defined exception to the rule that the cause of action accrues, and the statute begins to run, in personal injury actions, from the