Case law

Teel v. Chesapeake Appalachia, LLC

906 F. Supp. 2d 519 · District Court, N.D. West Virginia · Oct 25, 2012

Clearly, the reservation and the later lease do not provide Chesapeake with the explicit right to construct waste pits or dispose -of drill cuttings and other materials within those pits. … The plaintiffs are correct in stating that permits do not provide immunizations from common law standards. FPL Farming Ltd. v. Envtl. Processing Sys., L.C., 351 S.W.3d 306, 310 (Tex.2011); see Moundsville Water Co. v.

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

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.

In re K.B.-R and L.R.

West Virginia Supreme Court · May 27, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Dean; an expert witness qualified in “trauma informed care,” Shelle Bernstein Goff; and Petitioner Mother. The court also conducted in camera interviews of L.R. and K.B.

State v. South Penn Oil Co.

42 W. Va. 80 · West Virginia Supreme Court · Apr 4, 1896

IIow much can be left out, or to what extent the above can be limited and qualified, and still have it a judicial act, in the proper sense, or make it quasi judicial, is not easy to say. … Now, in eases of divided ownership in the latter sense, the policy of the law is to make a divided assessment and valuation for the purpose of separate taxation, as indicated clearly by the present act and other laws on the

Boyle v. Beltzhoover

119 W. Va. 626 · West Virginia Supreme Court · Feb 22, 1938

held and said purchase ratified, and it was agreed, as appeared from the minutes of that meeting, that in consideration of Boyle’s transfer of his purchase, he was to receive the entire stock of the corporation other than qualifying … A situation requiring action on the part of Boyle may not clearly be said to have arisen until about July, 1935, when Beltzhoover made an attack upon Boyle’s right to any of said stock.

Ohio Valley Environmental Coalition v. Elk Run Coal Co.

24 F. Supp. 3d 532 · District Court, S.D. West Virginia · Jun 4, 2014

Rules promulgated pursuant to this subsection may not establish measurements for biologic components of West Virginia’s narrative water quality standards that would establish standards less protective than requirements that … Palmer was qualified as an expert in entomology, aquatic ecology, *562 and conductivity as it relates to mountaintop mining and stream ecology. Tr. at 56. Dr.

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

Prater v. Henry Schein, Inc.

621 F. Supp. 2d 363 · District Court, S.D. West Virginia · Oct 22, 2008

In this case, Defendant concedes that Plaintiff can establish the first two elements of the prima facie case, but it contends that he cannot establish the third. … Such conduct, as alleged, violated Defendant’s anti-harassment policies and would clearly serve as a LNDR.

Conrad v. Ara Szabo

198 W. Va. 362 · West Virginia Supreme Court · Dec 5, 1996

The proper inquiry is as follows: “To establish a claim for sexual harassment under the West Virginia Human Rights Act, W. … Norandex, Inc., 194 W.Va. 727 , 461 S.E.2d 473 (1995), the circuit court’s rulings are clearly wrong. The provision in question makes it an unlawful discriminatory practice: “For any person ...

Roberts v. Crouse

89 W. Va. 15 · West Virginia Supreme Court · Sep 13, 1921

Crouse qualified as guardian for his children, and in 1901 E. B. … The often quoted rule that “ignorance of the law excuses no one” is subject to many exceptions and modifications as firmly established as the rule itself. 10 R. C.

Pack

District Court, S.D. West Virginia · Mar 25, 2026

“A prior decision does not qualify for” the clear-error exception “by being ‘just maybe or probably wrong; it must strike [the Court] as wrong with the force of a five-week-old, unrefrigerated dead fish.” … Fourth Circuit precedent clearly establishes that the relevant standard—the question the jury must answer—is whether the employer had a retaliatory motive, not whether the employer’s decision to terminate the employee was

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.

State ex rel. Mays v. Brown

71 W. Va. 519 · West Virginia Supreme Court · Dec 19, 1912

The people ■clearly meant something by the change. … Their military character cannot give them immunity for unreasonable excess of force.

Landis v. Jarden Corp.

5 F. Supp. 3d 808 · District Court, N.D. West Virginia · Mar 14, 2014

Even if these materials qualified as public records based merely upon their inclusion in the investigative file — a dubious proposition, given that most are neither records of (1) the office’s activities, (2) matters observed … First, these materials are clearly inadmissible for purposes of proving notice, as they were released after A.N.’s accident occurred. See, e.g., Exum v. Gen. Elec.

Welch v. County Court of Wetzel County

29 W. Va. 63 · West Virginia Supreme Court · Nov 13, 1886

This-was certainly the equivalent of, “'an order, that the plaintiff take nothing by his suit,” and clearly distinguishes the case before us from thé Texas case. … case of contested election, though it may be too literal a construction of the law to say, that they could not be opened by the County Court in detérmining the question, whether the county-seat had been by the vote of the qualified

STATE EX REL. ROY ALLEN v. Stone

474 S.E.2d 554 · West Virginia Supreme Court · Jun 14, 1996

We are not convinced, however, that confining liberty to the most specific level of a tradition will either effectively limit judicial discretion (what "traditions" qualify and what is their most specific level of questions … putative father clearly and convincingly proves as a threshold matter that he has established a substantial paternal relationship with the child.

SER Mary C. Sutphin v. The Honorable Darl W. Poling, A. David Abrams, Jr., Rachel L. Abrams Hopkins, Sarah A. Abrams, Langhorne Abrams, Estate of Nancy R. Smith, Kate M. Hatfield, and Ann Donegan.

West Virginia Supreme Court · Mar 21, 2025

set forth a three-part test, all elements of which must be satisfied, to allow a deposition of opposing counsel to go forward: We do not hold that opposing trial counsel is absolutely immune … As to the fourth factor, we have been presented with no evidence establishing that this an “oft repeated or persistent” issue.

Hanlon v. Chambers

195 W. Va. 99 · West Virginia Supreme Court · Oct 26, 1995

whether to hire a woman supervisor has two alterna *115 tives: (1) it can forego engaging her because she is a woman and a potential sexual harassment plaintiff and thereby suffer the loss implicit in hiring a possibly less qualified … It is clearly a relevant fact and could have a substantial impact on the ultimate factual resolution of this case.

Sheehan v. Lincoln National Life

257 B.R. 449 · District Court, N.D. West Virginia · Jan 5, 2001

The Court has reviewed the transcript of the hearing held before the bankruptcy court on October 17, 2000, and finds that its findings of fact are not clearly erroneous. … the auspices of an insider that employed the debtor at the time that the debtor’s rights under such plan or contract arose; (B) Such plan is on account of age or length and service; and (C) Such plan or contract does not qualify