Case law

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.

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).

Newland v. Ryle

District Court, S.D. West Virginia · Aug 29, 2024

Respondent argues that Petitioner’s Petition should be denied because “[i]t is well established that inmates are not entitled to prior custody credit for time spent in a Residential Reentry Center (RRC) or on home confinement … In the instant case, Petitioner is clearly seeking sentencing credit for a period of time she 3 was not in “official detention.”

Pauley v. Kelly

162 W. Va. 672 · West Virginia Supreme Court · Feb 20, 1979

Qualified instructional and other personnel; “h. Efficient administrative procedures; “i. An adequate State program of research and development; and “j. … Code, 18-9A-ll, he is clearly an indispensible party in any suit to declare the State school funding statute unconstitutional.

Gilley v. C.H. Robinson Worldwide, Inc.

District Court, S.D. West Virginia · Mar 18, 2022

Motion to Preclude Argument That Following Regulations Provides Tort Immunity (ECF No. 245) Plaintiffs ask the court to preclude Robinson from arguing that … Thus, evidence of Robinson’s overall financial condition is not admissible unless the door is clearly opened with testimony, for example, that Robinson’s size or overall net profits render

McWilliams v. Frame

District Court, N.D. West Virginia · Mar 15, 2021

. § 542.10 et seq.)1; (2) Plaintiff failed to assert a cognizable Bivens claim; and (3) Defendants are entitled to qualified immunity. … Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins.

Hall v. Bank of Virginia

15 W. Va. 323 · West Virginia Supreme Court · Jul 9, 1879

All official acts heretofore done by any such officers, and otherwise lawful, are hereby declared as legal and binding as if they had been done by officers duly elected and qualified under the Constitution of this State; … The errors alleged in each of the said petitions herein first mentioned in the decrees aforesaid, if anyjsuch in fact exist, it seems to me clearly, are not clerical jerrors, but errors of judgment of the Court, and such

Bell v. Board of Educ. of County of Fayette

290 F. Supp. 2d 701 · District Court, S.D. West Virginia · Nov 10, 2003

Section 1983 Claims Section 1983 provides a damages remedy against any person who, under color of state law, deprives another of any rights, privileges, or immunities secured by the federal constitution or laws. … That provision clearly invokes the applicable statute of limitations, in this case two years.

Moore v. CNA Insurance Co.

215 W. Va. 286 · West Virginia Supreme Court · Jun 30, 2004

The plea does not establish that Moore in any way interfered with [the United States Department of Labor] DOL. In fact, even if the Court were to accept as established the facts asserted by the U.S. … Kizer's companies would have qualified for a refund in January of 1986 because they had been approved by the Department of Labor for self-insured status.

Szturm v. Huntington Blizzard Hockey Associates Ltd. Partnership

205 W. Va. 56 · West Virginia Supreme Court · May 17, 1999

Thus, the mere fact that Henry worked without pay for a lengthy period of time prior to the partnership’s dissolution, in clear violation of § 21-5-3, does not establish a waiver of the right to agreed-upon wages. … They include, for example, rules limiting or qualifying the rights and remedies of inside creditors, such as fraudulent transfer law, equitable subordination, and the law of avoidable preferences, as *64 well as general debtor-creditor

State Ex Rel. Cities of Charleston v. West Virginia Economic Development Authority

214 W. Va. 277 · West Virginia Supreme Court · Dec 8, 2003

We did note, however that “[t]he legislature in subsequent legislation could, of course, amend [W-Va.Code §§ 29-22-1, et ser/.] to clearly state that video gambling devices are part of the lottery system.” 190 W.Va. at 285 … W.Va.Code § 29-22B-202(3)(A) of the Limited Video Lottery Act replaces "qualified horse and dog racetracks” with "qualified locations.” . According to the petitioners’ petition for a writ of mandamus, the Rev.

Madden's Adm'r v. C. & O. Railway Co.

28 W. Va. 610 · West Virginia Supreme Court · Oct 30, 1886

Third: To establish proper rules and regulations for the service, and having adopted such to conform to them. Chicago, &c., R. R. Co. v. Taylor, 69 Ill. 461 . … Since the rule grew up as judicial legislation, the courts may properly qualify or limit it to avoid injustice in particular cases.

Brown v. Warden, USP Hazelton

District Court, N.D. West Virginia · Oct 16, 2019

The petitioner alleges that his prior convictions for simple robbery are not qualifying predicates under the Armed Career Criminal Act (“ACCA”), citing United States v. … Specifically, the respondent states that the petitioner is not challenging his conviction, but his sentence; therefore, the standard established in In re Jones, 226 F.3d 328, 333-34, does not apply

Weese v. Weese

134 W. Va. 233 · West Virginia Supreme Court · Apr 4, 1950

He qualified, gave bond as such, proceeded to administer the estate, and filed his final settlement on February 6, 1945. On February 20, 1947, the defendant, Clara Virginia M. … established fraud perpetrated on the county court in securing its probate.

Rita Tanner and Dennis Tanner v. Bryan D. Raybuck, M.D.

West Virginia Supreme Court · Apr 15, 2022

Pursuant to the relevant parts of West Virginia Code § 55-7B-7(a)(5) and (6), “[a] proposed [standard of care] expert witness may only be found competent to testify if the foundation for his or her testimony is first laid establishing … The circuit court was clearly wrong in adopting the defendant’s narrow reading of this provision so as to disqualify Dr. Hayek from executing a certificate of merit in this case.

Clayton E. Rogers v. Donnie Ames

West Virginia Supreme Court · Nov 12, 2020

Moreover, the instruction disapproved of by this Court in Jenkins is clearly distinguishable from the instruction in the instant matter. … This evidence clearly established that Petitioner acted with malice and premeditation. 9 Therefore, we find that while the voluntary manslaughter instruction was erroneous, this error did not actually affect the jury verdict

Allen v. State of West Virginia Human Rights Commission

174 W. Va. 139 · West Virginia Supreme Court · Dec 6, 1984

Rather, she later learned that a male employee, whom she believed to be less qualified, had been promoted to the position. … This refusal is clearly a violation of the Attorney General’s mandatory statutory duty.

State v. Neider

170 W. Va. 662 · West Virginia Supreme Court · Sep 20, 1982

Allen, 131 W.Va. 667 , 49 S.E.2d 847 (1948), where this Court stated in its single Syllabus: “Where, on the trial of an indictment for murder, the homicide charged is clearly proved or admitted, and there is appreciable evidence … With these two general principles established for resolving a lesser included offense inquiry, we proceed to apply them to the present case.

Miners in General Group v. Hix

123 W. Va. 637 · West Virginia Supreme Court · Nov 4, 1941

We think the record clearly shows that the mine workers, who were undoubtedly employees of the operators when the joint conference met in New York, continued such employment up to the end of their contract on March 31st, … operators on the other, which, in this instance and in the final analysis, reduced itself to a question of whether or not the mines should be made union shops — that is, that while the operators had the right to employ qualified

Mt. State Bit Service, Inc. v. State, Department of Tax & Revenue

217 W. Va. 141 · West Virginia Supreme Court · Feb 10, 2005

The majority opinion tossed aside these time-honored principles because the majority did not believe the Legislature meant “and” when it plainly and clearly said “and.” … It is the duty of the legislature to consider facts, establish policy, and embody that policy in legislation.