Case law

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

Vyas v. Noem

District Court, S.D. West Virginia · May 8, 2025

Given the seriousness of this situation, I strongly urge you to consult a qualified immigration attorney regarding your situation. … relief to challenge agency recordkeeping and therefore the APA’s waiver of sovereign immunity does not extend to this claim.

Henton v. Saad

District Court, N.D. West Virginia · Oct 12, 2017

prisoners and must dismiss a case at any time if the Court determines that the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune … Therefore, because Petitioner clearly attacks the validity of his conviction and sentence, and had it been raised, could not have established that he met the Jones requirements, he cannot demonstrate that §

Committee on Legal Ethics of the West Virginia State Bar v. Douglas

179 W. Va. 490 · West Virginia Supreme Court · May 18, 1988

We believe a remand for further development of the facts in light of the standards established herein is appropriate. … "(B) A lawyer who receives information clearly establishing that: "(1) His client has, in the course of the representation, perpetrated a fraud upon a person or tribunal shall promptly call upon his client to rectify the

In re A.L.

West Virginia Supreme Court · Nov 8, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Lastly, because the proceedings in circuit court regarding the father are ongoing, this Court reminds the circuit court of its duty to establish permanency for the child.

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.

State Ex Rel. State Road Commission v. O'BRIEN

82 S.E.2d 903 · West Virginia Supreme Court · Jul 27, 1954

This is a pledge of funds in a constitutional fund, established by the people of this State for the purpose for which the pledge is made. … Sections 52 and 35 of Article VI were adopted by the people of this State in order to establish a "pay as you go" system of finnacing.

State Ex Rel. Fox v. Board of Trustees of the Policemen's Pension or Relief Fund

148 W. Va. 369 · West Virginia Supreme Court · Mar 17, 1964

It is well established that a member of a municipal fire department or police department who voluntarily resigns from such department completely severs his connection and loses any right to a pension or benefit which might … True, they may have an expectancy to participate in the fund when otherwise qualified. Pennie v. Reis, 132 U. S. 464, 471 ; 33 L. Ed. 426 ; 10 S. Ct. 149 . See Eberle v. LaGuardia, (N. Y.), 33 N.

Fry Racing Enterprises, Inc. v. Chapman

201 W. Va. 391 · West Virginia Supreme Court · Dec 17, 1997

The standard for granting summary judgment was established in Syllabus Point 3 of Aetna Casualty & Surety Co. v. Federal Ins. … In this case there was clearly a lot of fender rubbing between Mr. Fry and Mr. Chapman over their agreement, and while this may seem to be a fair maneuver to Mr. Chapman, it most likely appeared to Mr.

Toothman v. Brescoach

195 W. Va. 409 · West Virginia Supreme Court · Dec 7, 1995

It is also the stated policy of this State that “[a] citizen may not be excluded from jury service on account of race, color, religion, sex, national origin, economic status or being a qualified individual with a disability … “Courts are reluctant to set aside a jury’s award of damages unless it is clearly shown that the award was inadequate.” Delong v. Kermit Lumber & Pressure Treating Co., 175 W.Va. 243, 246 , 332 S.E.2d 256, 259 (1985).

Myron Boggess and William Gill v. City of Charleston

234 W. Va. 366 · West Virginia Supreme Court · Oct 30, 2014

The FLSA’s purpose is to articulate “a national floor under which wage protections cannot drop, not to establish absolute uniformity in minimum wage and overtime standards at levels established in the FLSA.” … The section 207(k) exemption applies where the employer has adopted a qualifying “work period.” See Barefield v. Village of Winnetka, 81 F.3d 704, 710 (7th Cir. 1996).

BOARD OF TRUSTEES, ETC. v. City of Huntington

96 S.E.2d 225 · West Virginia Supreme Court · Jan 28, 1957

A copy of the Tax Commissioner's letter of qualified approval is attached hereto and marked Exhibit `C'. "9. … In view of the foregoing undisputed figures which clearly establish the financial condition of each fund for the fiscal year July 1, 1956 to June 30, 1957, it is manifest that a one cent levy together with the money in each

Richards v. Board of Education

1 Ct. Cl. 142 · West Virginia Court of Claims · Apr 21, 1942

the last part of said section, referring to such a proportion of the amount required for the support of free schools to be raised in each county or district, where situate, by authority of the people thereof, is found the qualifying … appropriation to relator could best be accomplished by a general, or by a special, act, and determined in favor of the latter; and, having so determined, the court is not at liberty to say that it abused its discretion, unless it clearly

Association of Chemical Employees v. E.I. Du Pont De Nemours & Co.

701 F. Supp. 1282 · District Court, S.D. West Virginia · Dec 21, 1988

After the Bhopal Disaster sixteen chemicals were identified corporate-wide as clearly the most hazardous that the Company uses. The Belle Plant handles eleven of the sixteen. … Under the ACE proposal, a determination that cause exists for testing must be made in writing by two supervisors, preferably the employee’s immediate supervisor or a qualified physician from the medical department.

Bison Interests, LLC. v. Antero Resources Corporation and CGAS Properties, L.P.

West Virginia Supreme Court · Nov 10, 2020

Shobe holds that anyone whose affected interests qualifies under the language of West Virginia Code § 55-13-2 may bring a declaratory judgment action and “it is not essential that a party have a personal legal right or … Clearly, any failure on the part of Antero to properly raise the issue for determination in the 2015 litigation would be equally fatal to an attempt to relitigate it in the instant action.

United States v. Holtzclaw

950 F. Supp. 1306 · District Court, S.D. West Virginia · Jan 14, 1997

From the evidence, it was clearly the purpose of the Matewan Church to part with their money for investment in the Sell America scheme. … Courts have had little trouble applying the first and third elements of the Howey test and those elements are clearly met here.

Lawyer Disciplinary Board v. Michael P. Cooke

239 W. Va. 40 · West Virginia Supreme Court · Apr 20, 2017

I had no proof that I felt I could present that would establish a clear ethical violation. … Based upon our review of the foregoing, this Court concludes that Cooke was in fact engaging in extensive overbilling to the State of West Virginia, misconduct which plainly qualifies as “dishonest, fraudulent, deceitful

City of Huntington v. Bacon

196 W. Va. 457 · West Virginia Supreme Court · Jun 14, 1996

Va.Code, 18-5-9 [1933] clearly mandates the Board of Education to protect the health of pupils and to keep school grounds and buildings in good order. See syl. pt. 1, State v. … [T]he Court has never questioned the propriety of absolute immunity from state taxation.' " City of Huntington, 999 F.2d at 73 (citations omitted). 5 .W.

Robinson v. Braiden

44 W. Va. 183 · West Virginia Supreme Court · Dec 1, 1897

How Agent Hoge came to take as a point on the Talking-ton line a place where a S., 22 E., course, would strike and cross Archie’s Fork of Fishing creek near Abraham Ice’s field, does not quite clearly appear. … instruments, in regard to their subject-matter, that a false description does no harm when there is enough left to designate the subject-matter with reasonable certainty, and that such false description or repugnant call must be qualified