Case law

Lester v. Gardner

257 F. Supp. 526 · District Court, S.D. West Virginia · Aug 8, 1966

The final decision holds that plaintiff failed to establish that he was disabled within the meaning of the Social Security Act before June 30, 1958, when he last met the earnings requirements, and that he failed to establish … The record discloses that plaintiff has never followed a strict diet with regard to this condition and that a number of the medical reports clearly indicate that the condition is remedial.

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.

Dr. Robby Keith and Dr. John Deel v. Christine Lawrence, Administratrix

West Virginia Supreme Court · Nov 20, 2015

Singer was qualified to render an opinion in this matter; defended the sufficiency of the certificates of merit served upon petitioners; and argued that the certificates satisfied the spirit of the MPLA. 4 … “Where the issue on appeal from the circuit court is clearly a question . . . involving interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, in part, Chrystal R.M. v.

Rossi A. Gray, Jr. v. David Ballard, Warden

West Virginia Supreme Court · Jan 20, 2017

Therefore, we conclude that, under the facts and circumstances of this case, petitioner’s prior proceeding in Gray II qualifies as an omnibus habeas corpus proceeding under syllabus point two of Losh. … Claims of ineffective assistance of counsel are governed by the two-pronged test established in Strickland v.

State v. Hughes

225 W. Va. 218 · West Virginia Supreme Court · Feb 11, 2010

In order to qualify as an excited utterance under W. Va. R. … Hughes’ cell phone clearly established that she believed Mr. Hughes was going to “shoot up” her apartment with her child present. Within an hour and twenty minutes of that statement, Mr. Hughes entered Ms.

State v. Peyatt

173 W. Va. 317 · West Virginia Supreme Court · Dec 15, 1983

Clearly, the appellant should have subpoenaed the males in question if he desired to pursue the issue. … The options of the fifth amendment and a grant of immunity are, of course, always open when such testimony is sought, but the far more practical course is *583 to lie.

State Ex Rel. Town of South Charleston v. Partlow

133 W. Va. 139 · West Virginia Supreme Court · Jul 6, 1949

establishment be submitted to the voters. … Oji that ground the validity of each contract may be sustained, and those cases are clearly distinguishable from the case at bar.

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.

Smith v. BAC Home Loans Servicing, LP

769 F. Supp. 2d 1033 · District Court, S.D. West Virginia · Mar 11, 2011

Summary judgment is appropriate when the nonmoving party has the burden of proof on an essential element of his or her case and does not make a showing sufficient to establish that element. Celotex Corp. v. … The second type of preemption— express preemption — arises “when Congress has clearly expressed an intention” to preempt state law. College Loan Corp. v. SLM Corp., 396 F.3d 588, 595-96 (4th Cir.2005).

Mark A. Gomez, of the Estate of Aurelio Rafael Gomez, M.D. v. Andrea Gomez Smith and Matthew Eric Gomez, M.D.

West Virginia Supreme Court · May 26, 2020

“Where the issue on an appeal from the circuit court is clearly a question of law . . . we apply a de novo standard of review.” Syl. Pt. 1, in part, Chrystal R.M. v. Charlie A.L., 194 W. … STANDARD OF REVIEW It is well established in this Court’s jurisprudence that “‘[w]here the issue on an appeal from the circuit court is clearly a question of law . . . we apply a de novo standard of review

IPI, Inc. and Matthew Joseph Taylor v. Axiall Corporation and Eagle Natrium, LLC

Intermediate Court of Appeals of West Virginia · Jan 30, 2024

No inference from words of general import can establish such indemnification. Id. at 7. … percentages of fault under West Virginia Code § 55-7-13d (2016), the trier of fact must consider the fault of all persons who contributed to the alleged damages regardless of whether immunity

Aldrich v. Aldrich

147 W. Va. 269 · West Virginia Supreme Court · Jul 6, 1962

White was named and has qualified as executor of the estate, which is now in process of administration, and the assets of the estate according to the ap-praisement filed with the amended complaint, consisting of personal … In the light of the foregoing well established legal principles in considering whether the judgment, entered by the Circuit Court of Dade County, Florida,, awarding alimony to extend beyond the death of M. S.

FMS Enterprise, Inc. a WV Corp v. Rose Senior Care, LLC

West Virginia Supreme Court · Aug 30, 2022

The trial court qualified Daniel McClain as an expert “in the field of construction contractor.” … Thus, giving Rose Senior Care’s evidence every reasonable and legitimate inference, and assuming the jury accepted Daniel McClain’s testimony as true, we determine that sufficient evidence was presented to establish that

R. v. Justice

District Court, S.D. West Virginia · Jul 12, 2024

qualify. … The deliberative process privilege is qualified; therefore, Plaintiffs may overcome the privilege by “establishing the existence of a sufficient need for the information that outweighs any harm from its production

George v. Crim

66 W. Va. 421 · West Virginia Supreme Court · Dec 7, 1909

Failure to establish the relation of surety on the part of the plaintiff’s decedent is strongly urged as a ground of error. … That order constituted the basis of Crim’s demand upon him and receipt of the money, and is clearly admissible.

Jacobs v. Jacobs

100 W. Va. 612 · West Virginia Supreme Court · Jan 19, 1926

There can be no doubt of the general rule contended by for counsel, as the numerous decisions of this court cited by them, clearly establish. … petitioners sets forth their interest in the said fund as purchaser and creditors; the fact that pending said appeal special receivers of said office building and of the rents and profits thereof had been appointed and qualified

United States v. Shuck

705 F. Supp. 1177 · District Court, N.D. West Virginia · Feb 7, 1989

. § 2255 provides, in pertinent part, as follows: A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation … Justice Frankfurter indicated as much in observing that immunity is the quid pro quo for securing an answer from the witness: “Immunity displaces the danger.” Ullmann v.

Allstate Insurance v. Smith ex rel. Evans

202 W. Va. 384 · West Virginia Supreme Court · Jun 22, 1998

After discussing the omnibus clause, the Court announced its ruling by stating: Because the record so- clearly demonstrates that the Appellant’s son had not received the Appellant’s or his spouse’s express or implied permission … Allstate acknowledged during oral argument before this Court that if Ellison had been driving the vehicle at the time of the accident, the policy limits would be available for the injuries Evans sustained because Ellison qualifies

Erie Ins. Co. v. Dolly

811 S.E.2d 875 · West Virginia Supreme Court · Mar 12, 2018

Kuchinski's ATV qualified as an "uninsured motor vehicle." … Clearly, the circuit court's order denying the motion to dismiss did not approximate a final order in its nature and effect. It did not resolve the bad faith claims.

SER State of West Virginia v. Hon. Robert A. Burnside, Jr., and Richard Hardison, Jr.

233 W. Va. 273 · West Virginia Supreme Court · Apr 17, 2014

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 … procedures relating thereto; requiring court orders as a condition precedent to any such interception or installation of any wiretap, pen register, trap and trace device or similar device; designated judges; providing for civil immunities