Case law

Dickens

District Court, S.D. West Virginia · Dec 10, 2025

As to whether the statute imposes a duty to offer underinsurance upon insurers other than as expressly delineated, the Legislature clearly anticipated this issue and responded statutorily by providing: “No insurer is required … The second qualifying event above, namely, the request by named insured event, also never occurred.

State v. Jarvis

199 W. Va. 38 · West Virginia Supreme Court · Dec 12, 1996

Roche Biomedical Reference Laboratories (Roche) was engaged to do additional PCR-type DNA testing, as the State Police Laboratory was not qualified to do testing on sites other than DQ alpha. … We find that the trial court did not abuse its discretion in ruling the jacket had been adequately identified and the chain of custody was properly established.

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

Diego v. United States

District Court, S.D. West Virginia · Aug 5, 2025

His motion further requests “a reduction of sentence, to establish the record, as a career offender.” (Id. at 12). … Accordingly, his current § 2255 motion was clearly untimely filed under § 2255(f)(1).

Estes v. Midwest Products, Inc.

24 F. Supp. 2d 621 · District Court, S.D. West Virginia · Nov 4, 1998

The prerequisites for asserting personal jurisdiction are well-established in the Fourth Circuit. … The court again endorsed the stream of commerce language of Worldr-Wide Volkswagen but qualified it by arguing that “[ujnique or insignificant relations with the forum suggest an absence of purposefulness, leading to the

Rau v. Krepps

101 W. Va. 344 · West Virginia Supreme Court · Apr 13, 1926

Va., on August 24, 1917, and the executors named in the will qualified as such. C. C. Krepps assumed active charge of the estate until August, 1919, when he resigned. … The gift of personal property to Krepps in the second paragraph of the will, being “for his own use and benefit forever” is so clearly and positively expressed, that the repugnant provision in the fifth paragraph will not

Saddoris v. Kanawha River Railroad, L.L.C.

District Court, S.D. West Virginia · Mar 24, 2022

Clearly, Dr. Burg has expertise and knowledge, generally, of many of the statutes and regulations governing workplace safety, railroad safety, and other areas. … Summarily listing and testifying to building standards and codes, and declaring them to essentially establish the duty owed to trespassers, would effectively alter the clearly established legal duty owed to trespassers

Clendenin Lumber & Supply Co. v. Carpenter

172 W. Va. 375 · West Virginia Supreme Court · Jul 8, 1983

that “nothing herein contained shall be construed as affecting the right of employer and employees to agree between themselves as to deductions to be made from the payroll of employees_” As the definition of “deductions” clearly … credit” because "the Board (Board of Governors of the Federal Reserve System) believed that a plan in which purchases are contemplated from time to time with finance charges imposed on the outstanding unpaid balance, would qualify

Love v. Georgia Pacific Corp.

214 W. Va. 484 · West Virginia Supreme Court · Dec 9, 2003

"The party who seeks to establish the propriety of a class action has the burden of proving that the prerequisites of Rule 23 of the West Virginia Rules of Civil Procedure have been satisfied." … In this case there was clearly no attempt to vigorously prosecute the interests of the class.

In The Matter of: Judge William M. Watkins, III

West Virginia Supreme Court · Mar 26, 2013

“Every judge of a court of record of this State shall be enrolled as an inactive member [of the bar] during his or her continuance in such office[.]” 13 lawyer is no longer qualified … When a judge insults, ridicules, or disparages counsel, the parties, jurors, or witnesses, it is clearly misconduct.

Cecil v. Clark

44 W. Va. 659 · West Virginia Supreme Court · Apr 9, 1898

Clearly, there is jurisdiction under the head of partition for the Hall heirs, because the defendants are clearly co-tenants with them, if their deed to Johnson be set aside as they prayed. Mrs. … Estop. 219 says: “A state is bound by her judicial pleadings and admissions, the same as private persons, and is entitled to no greater right or immunity as a litigant than they are.

Portfolio Advisors VIII, LLC v. Bluestone Resources, Inc.

District Court, S.D. West Virginia · Sep 30, 2020

Specifically, Bluestone asserts that establishing the value of the equipment requires opinion testimony from a qualified expert and, “to the extent Mr. … Seibel is qualified to provide testimony as to its value based upon his personal knowledge.

Marfork Coal Co. v. Smith

274 F.R.D. 193 · District Court, S.D. West Virginia · Mar 17, 2011

It applies in the context of discovery as a qualified privilege against disclosure of information when the party asserting the privilege demonstrates that the disclosure would likely impair the associational activities of … Clearly, the information which Plaintiff seeks concerns the members and associational activities of Climate Ground Zero.

Porter v. First Bankshares, Inc.

District Court, S.D. West Virginia · Apr 20, 2022

. ¶13.2 In reviewing the Complaint, the Court notes that Plaintiff does not set forth clearly defined causes of action in separate paragraphs. … Likewise, the KSOP establishes when withdrawals may be made prior to termination. See Summ.

Reid v. Wilson

District Court, S.D. West Virginia · Mar 10, 2022

state entity, the West Virginia Supreme Court has held that “the broad categories of training, supervision, and employee retention…easily fall within the category of ‘discretionary’ governmental functions,” for which immunity … established’ right or law with respect to training, supervision, or retention.”

State of West Virginia v. Christopher Wayne Bowling

232 W. Va. 529 · West Virginia Supreme Court · Oct 8, 2013

Driver establishing that the gun did not function correctly prevented him from putting on a full and fair defense. … “‘In order to qualify as an excited utterance under W. Va. R.

State Ex Rel. Collins v. Bedell

194 W. Va. 390 · West Virginia Supreme Court · Jul 12, 1995

VIII, § 10 otherwise provides, in pertinent part, that a jury in a magistrate court “shall consist of six jurors who are qualified as prescribed by law.” 2 The petitioners argue that even if they had a jury in the magistrate … Clearly, petitioner Collins could not have anticipated waiving his right to a jury trial on appeal in the circuit court when he waived his right to a jury trial in the magistrate court proceeding.

Winkler v. State School Building Authority

189 W. Va. 748 · West Virginia Supreme Court · Jul 22, 1993

All Bonds issued under the Indenture are *753 secured by a pledge of moneys appropriated by the West Virginia State Legislature and transferred to United National Bank, as the trustee, for deposit in the Revenue Fund established … If the issue involves a traditionally settled area of law, such as contracts or property as distinguished from torts, and the new rule was not clearly foreshadowed, then retroactivity is less justified.

Riggs v. West Virginia University Hospitals, Inc.

221 W. Va. 646 · West Virginia Supreme Court · Jan 3, 2008

Therefore, the law requires that expert medical testimony be presented to establish the standard of care to be exercised by medical care providers, whether the defendant’s conduct amounted to a deviation from the standard … The first factor looks to whether the party has assumed a position clearly inconsistent with one taken earlier in the case.

Annon v. Lucas

155 W. Va. 368 · West Virginia Supreme Court · Dec 6, 1971

Annon qualified as the executor of the estate of James M. Annon on January 19, 1966, and as executor paid funeral bills, medical bills, taxes and other debts of James M. Annon. On April 19, 1967, Walter H. … Clearly an oral contract could not and does not constitute a deed. Moreover, it is signed by both parties instead of by the grantor only, and generally only the grantor signs a deed unless it is an inter partes deed.