Case law

Paul E. Forshey v. Theodore A. Jackson, M.D.

West Virginia Supreme Court · Mar 22, 2024

Additionally, we observe that the circuit court’s order clearly states that it was dismissing the matter based upon Dr. … Merely establishing the continuation of the ill effects of an original wrongful act will not suffice.

Mullins v. Johnson

District Court, N.D. West Virginia · May 14, 2024

at § 3.01(b) (“Only qualified voters of the State of West Virginia shall be eligible to hold the office of councilmember.”). … West Virginia jurisprudence clearly distinguishes public officials from public employees.

State of West Virginia ex rel. Perri DeChristopher v. Phillip D. Gaujot

West Virginia Supreme Court · Mar 16, 2021

The record does not reflect whether the court-appointed interpreter for this proceeding was qualified. … And do you feel you went over that very clearly with him? A. Yes, I do. Q.

State Ex Rel. State Department of Transportation, Division of Highways v. Cookman

219 W. Va. 601 · West Virginia Supreme Court · Dec 13, 2006

Section 4651(3) requires the Government to make an offer to acquire the property and the clearly stated purpose of this provision is the avoidance of litigation. … In promulgating 49 C.F.R. § 24.9 (b), the United States Department of Transportation could not have intended rules of civil procedure to qualify as “applicable law providing otherwise.”

State of West Virginia v. Joe Roger Lane

West Virginia Supreme Court · Apr 3, 2019

at the time she made the purchases and had been clean since she lost her youngest son.6 The jury also heard from Tara Hayslip, a forensic analyst with the West Virginia State Police Laboratory, who was qualified … Given the jury’s decision to convict the petitioner following its deliberations, the jury clearly found the confidential informant to be a credible witness.

State of West Virginia v. Joe Roger Lane

West Virginia Supreme Court · Apr 3, 2019

at the time she made the purchases and had been clean since she lost her youngest son.6 The jury also heard from Tara Hayslip, a forensic analyst with the West Virginia State Police Laboratory, who was qualified … Given the jury’s decision to convict the petitioner following its deliberations, the jury clearly found the confidential informant to be a credible witness.

Laurel Fork & Sand Hill Railroad v. West Va. Transportation Co.

25 W. Va. 324 · West Virginia Supreme Court · Dec 13, 1884

The courts ought not to declare one to be unconstitutional, unless it is clearly so. If there is a doubt, the expressed will of the legislature should be sustained. … Well might a distinguished judge of the same great court, when the extent of the evil was becoming apparent, start back, shocked at the claims of corporate immunity from law and cry out: “ ‘ No State it is declared shall

Carpenter v. Perry

District Court, S.D. West Virginia · Mar 3, 2023

Furthermore, the defendant officers were not entitled to qualified immunity, as “[n]othing in the statutes or rules would give a reasonable officer reason to believe that he or she may … immunity.

State of West Virginia ex rel., Dodrill Heating and Cooling, LLC v. The Honoraable Maryclaire Akers, Judge of the Circuit Court of Kanawha County, and Jerry and Pamela Whittington, Husband and Wife, Individually and on Behalf of All Others Similarly Situated

West Virginia Supreme Court · Apr 22, 2022

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 … Whether Dodrill was attempting to collect a debt and qualifies as a “debt collector” goes to the merits of the Whittingtons’ claims, not their standing to bring suit in seeking relief: “[t]he focus of a standing analysis

Kessel v. Monongalia County General Hospital Co.

220 W. Va. 602 · West Virginia Supreme Court · Jun 29, 2007

While the courts of this State may elect to “honor legislative enactments in aid of judicial power”, we are “clearly not bound to do so.” State ex rel. Quelch v. … Va.C.S.R. § 142-15-3 Prior to examining Appellants’ individual claims to determine whether they qualify as per se violations of W.

State of West Virginia ex rel., Dodrill Heating and Cooling, LLC v. The Honoraable Maryclaire Akers, Judge of the Circuit Court of Kanawha County, and Jerry and Pamela Whittington, Husband and Wife, Individually and on Behalf of All Others Similarly Situated

West Virginia Supreme Court · Apr 22, 2022

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 … Whether Dodrill was attempting to collect a debt and qualifies as a “debt collector” goes to the merits of the Whittingtons’ claims, not their standing to bring suit in seeking relief: “[t]he focus of a standing analysis

Miller v. Ashton

District Court, N.D. West Virginia · Oct 21, 2019

two other defendants, Ohio lawyers, used the elderly woman, to bill nearly $100,000 in legal fees for a lawsuit she did not want to bring, did not understand, did not read before filing, and clearly … There are absolute privileges and qualified privileges.

State Ex Rel. Wyant v. Brotherton

214 W. Va. 434 · West Virginia Supreme Court · Dec 5, 2003

If we were to allow inmates to use the FOIA to obtain documents for purposes of filing a writ of habeas corpus, we would be permitting them to circumvent the established procedure for obtaining documents for this purpose … If necessary for effective utilization of discovery procedures, counsel shall be appointed by the court for a petitioner who qualifies for the appointment of counsel under Rule 3(a).

Statler v. Dodson

195 W. Va. 646 · West Virginia Supreme Court · Dec 13, 1995

"Agreements which were deemed clearly for the advantage of the infant were valid and absolutely binding, while those injurious to the infant were void. … If a person under any disability does not have a duly qualified representative he may sue by his next friend.

Ammons v. South Penn Oil Co.

47 W. Va. 610 · West Virginia Supreme Court · Mar 31, 1900

corporation, having complied with section 30, chapter 64, Code, to enable it to do business in this State, and with all other statutes concerning foreign corporations, so far as same could apply to defendant, was entitled to immunity … The basis necessary to sustain- the bill, therefore, is fraud, and that, of course, must be affirmatively and clearly proved.”

Ohio Valley Environmental Coalition v. Horinko

279 F. Supp. 2d 732 · District Court, S.D. West Virginia · Aug 29, 2003

The term “existing uses” is not used, however, to establish when Tier 2 review is required. … Accordingly, there is no need to qualify that general definition with the term “generally.”

Watson v. Pietranton

178 W. Va. 799 · West Virginia Supreme Court · Dec 18, 1987

Having established that DR2-107(A)(1) prohibits the fee-splitting agreement, the question, then, is whether we should allow Mr. … Without a formal rule, marginally qualified lawyers would make careers of being law-trained runners; their only function would be to visit hospitals, union halls, and funeral parlors to "inform" potential plaintiffs of their

State v. Hayes

136 W. Va. 199 · West Virginia Supreme Court · Oct 23, 1951

This principle is well established by our authorities. As late as 1948, in the case of State v. … I do not go so far as to say that people may not abandon property; and there are many ways of establishing that fact.

Jacklin Romeo, Susan S. Rine, and Debra Snyder Miller v. Antero Resources Corporation

West Virginia Supreme Court · Jun 11, 2025

Clearly, because adoption of a “first available market” theory would have represented a sea change in the law as it had been understood for more than two decades, the Court in Kellam would have been constitutionally required … Thus, it is clear that our cases are based on a solid foundation of established practice and established legal principles in this State.13 11 Even the United States Circuit Court for the Fourth Circuit

Old Republic Insurance Co. v. Jason D. and Andrea O'Neal

237 W. Va. 512 · West Virginia Supreme Court · Jun 10, 2016

.; ’ [as] it is established that said insurer has not actually paid money or medical benefits to (or for the benefit of) Mr. O’Neal.” … There is no evidence in the record that establishes that Speed Mining complied with the procedure established in this statute so as to qualify as a self-insüred employer or even a "de-facto self-insured” employer. .