Case law

Drumheller v. Fillinger

230 W. Va. 26 · West Virginia Supreme Court · Oct 25, 2012

The court concluded that the non-participation of a party or his counsel in proceedings does not qualify as the necessary affirmative waiver of the right to a jury trial. Id. at 346 . … civil procedure that addresses judgment by default, provides: If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish

Van

District Court, S.D. West Virginia · Aug 21, 2026

After I establish a factual foundation, I apply my nearly 20 years of law enforcement experience. … Perhaps these “aggressive acts” refer to conduct that a video of the incident clearly shows: Van physically resisting arrest. See Video 1, at 0:00–1:04, 1:13–1:18, 3:11–3:56.

Ratliff v. Sommers

55 W. Va. 30 · West Virginia Supreme Court · Feb 16, 1904

Lynch, was appointed and qualified as administrator da-bonis non with the will annexed of G. D. … It clearly appears from the record, that Myra H.

Hatcher v. United States

District Court, S.D. West Virginia · Oct 5, 2017

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) establishes a one-year statute of limitations for federal inmates seeking post-conviction relief under 28 U.S.C. § 2255. See 28 U.S.C. § 2255(f). … Any habeas petition filed pursuant to Mathis would clearly be untimely under § 2255(f)(1).

State of West Virginia v. Shaniqua Whindleton

West Virginia Supreme Court · May 26, 2020

constitutional rights that a criminal defendant waives in connection with the entry of a guilty plea, the burden of insuring both precision 9 Petitioner identifies this canon of construction as the “series qualifier … As we have already established, petitioner clearly understood that the unambiguous language of the agreement did not afford the circuit court discretion with regard to entering judgment on the

Wilson v. Wexford Medical and Administration/staff at fault

District Court, S.D. West Virginia · Aug 19, 2019

.”); also Johnson, 785 F.2d at 510 (holding that a motion for leave to amend should be denied “when the proposed amendment is clearly insufficient or frivolous on its face.”) (citing Davis v. … Although the Eleventh Amendment refers only to suits by citizens of other states, the Supreme Court has construed the Amendment to “establish that an unconsenting State is immune from suits brought in federal court by

First National Bank of Webster Springs v. McGraw

85 W. Va. 298 · West Virginia Supreme Court · Dec 5, 1919

The plaintiff’s judgment was the same in all of the causes and it sufficed, in the opinion of the court, to establish it once against the heirs. … As to the other charge, it was qualified.

W. Va. Dept. of Health and Human Resources v. E.H.

West Virginia Supreme Court · Jun 9, 2017

We review challenges to findings of fact under a clearly erroneous standard; conclusions of law are reviewed de novo.” Syl. Pt. 4, Burgess v. Porterfield, 196 W. Va. 178, 469 S.E.2d 114 (1996). … As previously established herein, the July 21, 2016, order does not include “new terms” because it does not alter or exceed the scope of the June 3, 2014, order.

Dickeschied v. Exchange Bank

28 W. Va. 340 · West Virginia Supreme Court · Sep 18, 1886

Bussell was appointed and qualified as the curator of his estate; and on the same day he gave notice in writing to the defendant’s cashier, that he claimed said money as the property of his decedent. … have been maintained; for they not only fail to set forth specifically the claims of the plaintiff and the defendant; that they are of the same nature and character, and that they are in privity with each other, but they clearly

The Town of Anmoore, West Virginia v. Scottsdale Indemnity Company

District Court, N.D. West Virginia · Jun 8, 2022

As is well-established in caselaw: Extrinsic evidence may be used to aid in the construction of a contract if the matter in controversy is not clearly expressed in the contract, and in such case the intention … , or legal theories . . . concerning the litigation” and which “is immune to the same extent as an attorney-client communication” and (2) that which is “qualifiedly immune, being “[a]ll other documents and tangible things

United Mine Workers of America International Union Ex Rel. Trumka v. Parsons

172 W. Va. 386 · West Virginia Supreme Court · Jul 8, 1983

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. … Justices Harshbarger and McGraw believe that the petitioners have clearly established, under law, their right in mandamus to respond in the next ensuing football broadcast season to the politically controversial advertisements

Foy v. County Commission of Berkeley County

191 W. Va. 29 · West Virginia Supreme Court · Mar 28, 1994

Eula Jones, assuming the will was void, was permitted by the county commission to qualify as the administratrix of the decedent’s estate. … In support of this conclusion, the petitioners refer to the well-established proposition enunciated by this Court: ‘ “Wherever possible to bring into operation a testator’s intention, a court will give such construction to

Moran v. Clark

30 W. Va. 358 · West Virginia Supreme Court · Nov 12, 1887

levy and sale to satisfy a judgment rendered on the note, has been sustained; and even in that *365 State the Court has expressed regret that a contract of that land has ever been sustained, and that such a rule had become established … homestead which is exempted by the Constitution from “ forced sale ” can not be sold under the process of the court; and it matters not what form the contract assumes, nor how willing the head of the family may be, it is an immunity

Federal Insurance Company v. Jenny M. Neice, Administratrix of the Estate of Jeremy R. Neice and Dana Mining Company of Pennsylvania, LLC

West Virginia Supreme Court · Mar 3, 2023

or a clearly expressed public policy.” … The trial court found that because the coinsured lessor/owner was an insured under the policy, it qualified as “the insured” for purposes of triggering the ELE even though it was not the plaintiff’s actual employer.

Hensley v. West Virginia Department of Health & Human Resources

203 W. Va. 456 · West Virginia Supreme Court · Oct 2, 1998

also Syl. pt. 1, AFSCME IV, 181 W.Va. 8 , 380 S.E.2d 43 (1989) ("To the extent that the Civil Service Commission back pay policy promulgated on July 20, 1988, imposes retroactive deadlines, and thereby deprives otherwise qualified … The law of this State contains no such provision, either statutory or judicial, establishing the precise manner by which interest is to be calculated.

Devine v. American Benefit Corp.

27 F. Supp. 2d 669 · District Court, S.D. West Virginia · Nov 13, 1998

The Court of Appeals held "Where, as here, the language of the Plan does not qualify the right to reimbursement by reference to the costs associated with recovery, we are bound to enforce the contractual provisions as drafted … To the extent these common law concepts are not wholly preempted by ERISA, they clearly lack merit. 8 .

State of WV v. Anthony M.(Justice Armstead, concurring, in part, and dissenting, in part)

West Virginia Supreme Court · Mar 25, 2025

The double jeopardy clauses in our state and federal constitutions provide (1) immunity from further prosecution where a court having jurisdiction has acquitted the accused; (2) protection against a second prosecution for … In the present case, the evidence overwhelmingly established that both Brittany S. and infant K.M. could have been harmed when Petitioner fired the gunshot.

First National Bank of Wellsburg v. Kimberlands

16 W. Va. 555 · West Virginia Supreme Court · Apr 24, 1880

State Bank, 10 Wall. 604 , “ Evidence of powers habitually exercised by a cashier of a bank with its knowledge and acquiescence defines and establishes, as to the public, those powers.” … In this case parol evidence shows clearly the particular fund, out of which' these orders were to be paid.

Lockhart v. Dolgencorp, LLC

District Court, S.D. West Virginia · Jul 15, 2019

That amount was clearly in dispute, regardless of the Defendant’s assessment of the merits of the Plaintiff’s claims. … The Court finds that Plaintiffs’ counsel’s hours and hourly rate are reasonable.1 He is a well-qualified, experienced attorney.

Siers v. Wiseman

58 W. Va. 340 · West Virginia Supreme Court · Nov 21, 1905

On the whole, the denial is carefuliy and expressly qualified so as *346 not to extend to payment only by the appellees and their ancestor. Neither is the genuineness of the letters of W. … In that .case, the agency was established against the principal by implication arising from conduct shown.