Case law

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.

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.

In re R.G.

West Virginia Supreme Court · Jun 9, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … There is no evidence that the father has a disability that would qualify for accommodations under the ADA.

State v. Dye

171 W. Va. 361 · West Virginia Supreme Court · Dec 15, 1982

We hold that, under the standard established in syllabus point 5 of State v. … Foster established standards for evaluating a motion under W.Va.Code, 51-11-8 (1977) for additional expert witness fees. 3 .

In Re Smith

214 W. Va. 83 · West Virginia Supreme Court · Nov 25, 1980

The crime for which the respondent was convicted clearly involves an element of fraud, and is so stated in the indictment upon which he was tried and convicted, and thus this crime unquestionably involves moral turpitude, … His failure to establish after disbarment any meaningful social or work pattern in his community, coupled with the gravity of his initial offense, which was a crime against the election process, and his prior disciplinary

In re M.J., N.K., A.K., and B.K.

West Virginia Supreme Court · Jun 14, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … And the circuit court did not clearly err by terminating Mother’s parental rights.

Fekos v. Coakley

District Court, N.D. West Virginia · Jun 18, 2018

Fekos has not established that, subsequent to his first § 2255 motion, the “settled substantive law [that established the legality of his sentence] changed and was deemed to apply … Aug. 14, 2014), is not a qualifying change in the law (Dkt.

Ware v. Howell

217 W. Va. 25 · West Virginia Supreme Court · May 10, 2005

Town of Eleanor, 191 W.Va. 611, 616 , 447 S.E.2d 546, 551 (1994) ("[I]t is well-established that determinations involving questions of ... fact are within the province of the jury.”); Syl. pt. 3, Long v. … circumstances, and ensure that the testimony is accurate, complete, and clearly understood.

STATE EX REL. DEPT. OF HEALTH AND HUMAN RESOURCES v. Ruckman

674 S.E.2d 229 · West Virginia Supreme Court · Feb 6, 2009

In either instance, our established standard of review is de novo. Syl. Pt. 1, Martin v. … Second, DHHR maintains that it does not qualify as a social service agency that directly counsels children and families, but rather contracts for delivery of these services.

Desper v. State

173 W. Va. 494 · West Virginia Supreme Court · Jun 13, 1984

To be sure, the evidence the Government offers to establish probable cause is by nature also discovery for the accused. … The first purpose was clearly irrelevant to probable cause and appeared to be an attempt to gain discovery.

State Ex Rel. Goodwin v. Rogers

158 W. Va. 1041 · West Virginia Supreme Court · Jul 29, 1975

Code 1931, 7-l-5a, as amended, were derived from a statutory formula established and set forth in W. Va. … Clearly, the new and additional duties created and imposed upon the Relator by the 1972 Act far exceed those duties created and imposed upon assessors in W. Va.

France v. SOUTHERN EQUIPMENT CO.

225 W. Va. 1 · West Virginia Supreme Court · Jan 28, 2010

Clearly, our holding in Shaffer requires something more than the passing knowledge of a Southern Equipment manager when he briefly looked up on the roof and saw someone who looked younger than his co-workers. … This authority alone was sufficient to establish appellant’s duty to see that proper safety precautions were taken.”).

Carbon Energy Corporation, Carbon West Virginia Company, LLC, n/k/a DP Bluegrass, LLC, and Diversified Gas and Oil Corporation v. Shonk Land Company, LLC

Intermediate Court of Appeals of West Virginia · May 22, 2025

Va. 194, 832 S.E.2d 120 (2019) (“If a circuit court finds that a . . . contract . . . is ambiguous and does not clearly express the intention of the parties, 7 While we do not need to establish support … However, “[a]ttorneys’ fees incurred in removing spurious clouds from a title qualify as special damages in an action for slander 30 of title.” Syl. Pt. 6, TXO Prod.

Carbon Energy Corporation, Carbon West Virginia Company, LLC, n/k/a DP Bluegrass, LLC, and Diversified Gas and Oil Corporation v. Shonk Land Company, LLC

Intermediate Court of Appeals of West Virginia · May 22, 2025

Va. 194, 832 S.E.2d 120 (2019) (“If a circuit court finds that a . . . contract . . . is ambiguous and does not clearly express the intention of the parties, 7 While we do not need to establish support … However, “[a]ttorneys’ fees incurred in removing spurious clouds from a title qualify as special damages in an action for slander 30 of title.” Syl. Pt. 6, TXO Prod.

State of West Virgina ex rel. David E. Tackett v. Honorable Darl W. Poling, Judge

West Virginia Supreme Court · May 22, 2020

This Court, in Call, established that an indigent criminal defendant who has entered a plea of guilty is entitled to a free copy of the record of his or her case. … This is clearly evident in the area of discovery. In accord with our earlier holding in Gibson[ v.

Ohio River Valley Environmental Coalition, Inc. v. Timmermeyer

363 F. Supp. 2d 849 · District Court, S.D. West Virginia · Mar 31, 2005

A party seeking fees under this standard must establish that as a result of its lawsuit, some success on the merits was obtained. Id. … Had Green Valley not withdrawn its application and the appeal led to reversal of the injunction, HCPA would not have achieved sufficient success *853 to qualify for an award of fees.

State of West Virginia v. Steven Michael Williams

West Virginia Supreme Court · Sep 24, 2015

Similarly, Justice Davis clearly articulated the critical importance of wide latitude in cross-examination in her dissenting opinion in State v. … The court reversed that decision, holding that precedent clearly “only requires that the defendant show that the witness’s testimony might be influenced by a promise for, or hope or expectation of, immunity or leniency

State of West Virginia v. Robert Frank Baldwin

West Virginia Supreme Court · Nov 4, 2019

The heavy burden a petitioner takes on when challenging the sufficiency of the evidence to support a conviction is well established: A criminal defendant challenging the sufficiency of the evidence to … Following an individual’s conviction for certain qualifying offenses, the Sex Offender Registration Act requires that individual to register various information with the West Virginia State Police. See W. Va.

State ex rel. Billups v. Clawges

218 W. Va. 22 · West Virginia Supreme Court · May 26, 2005

no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly … The screening certificate of merit shall be executed under oath by a health care provider qualified as an expert under the West Virginia rules of evidence and shall state with particularity: (1) The expert’s familiarity with

Mylan Pharmaceuticals Inc. v. United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, Local 8-957

471 F. Supp. 2d 667 · District Court, N.D. West Virginia · Jan 23, 2007

Vogel went on to testify that, under the FDCA, the FDA regulates policies and procedures of the pharmaceutical industry to ensure that personnel involved in the manufacture and packaging of prescription drugs are qualified … While it is clear that significant policy *675 exists to prevent the sale of adulterated or misbranded drugs to the public, Mylan’s efforts in this case have failed to establish that, in the face of a CBA provision calling