Case law

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.

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

National Phonograph Co. v. American Graphophone Co.

184 F. 75 · U.S. Circuit Court for the District of West Virginia · Dec 19, 1910

Further than that, I think claim 6 is clearly void for the lack of co-operative relation between the several recited elements. There is no true combination but an aggregation. In Pickering v. … The so-called “Commercial Joyce apparatus" 1 am convinced was never evolved from the brain of Joyce, but that its use in the establishment of the plaintiff came after a revision of the opinion held by Mr.

Lawyer Disciplinary Board v. Ball

219 W. Va. 296 · West Virginia Supreme Court · Jun 15, 2006

established that Mr. … Ball was qualified as the executor of both wills. 9 . Additionally, a trust was apparently set up for Ms. Davis after her sister’s death. Mr.

McClenathan v. Rhone-Poulenc, Inc.

926 F. Supp. 1272 · District Court, S.D. West Virginia · May 30, 1996

Pre-established emergency response procedures were implemented by Defendant and public officials. As a result, the public was ordered to “shelter-in-place” and certain thoroughfares were closed temporarily. … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.

Ohio Valley Environmental Coalition v. Fola Coal Co.

120 F. Supp. 3d 509 · District Court, S.D. West Virginia · Aug 12, 2015

While an epidemiologist may be- qualified to run data analyses on any dataset, it should not be assumed that an epidemiologist is necessarily otherwise qualified to interpret the results of that analysis. Second, Dr. … Both numbers clearly indicate impairment and are a far cry from the pre-Fola mining scores.

Brooks v. United States

District Court, S.D. West Virginia · Aug 27, 2019

A review of counsel’s cross- examination of McClure clearly shows that counsel addressed this during [her] extensive cross-examination. … Even if Defendant’s armed robbery conviction did not qualify as an enumerated offense, as he appears to be arguing here, it would qualify under the residual clause of the guideline, which was in effect at the time of Defendant

Wood v. Harmison

41 W. Va. 376 · West Virginia Supreme Court · Nov 30, 1895

Harmison from her husband void as to creditors with debts established by the record, and holds the land liable in her hands to their payment. … Verlander seems inconsistent with the true rule, and he qualifies it, I may say, as a statement of a general rule, by saying that, as applied to the particular facts, it was correct, as I say also. Mrs.

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.

Jones v. Jones

209 W. Va. 701 · West Virginia Supreme Court · Jun 22, 2001

Following her death, her will was admitted to probate before the McDowell County Commission on March 27, 1990, and Sydney and Kyle qualified as eo-exeeutors of her estate. … Poteet, 62 W.Va. 231 , 57 S.E. 811 (1907), this Court reiterated a rule long-established in West Virginia, as well as in Virginia and England. *706 That Syllabus Point states that: “One entitled to any benefit under a will

Ohio Valley Environmental Coalition, Inc. v. Maple Coal Co.

808 F. Supp. 2d 868 · District Court, S.D. West Virginia · Sep 2, 2011

Plaintiffs do, however, establish standing through declarants Martin and Siemiaczko. Standing through Mr. Siemiaczko is easily established. … Maple claims the WVDEP qualifies as a necessary party under Rule 19(a)(1)(B). The inquiry under Rule 19(a)(1)(B) is subject to a second two-part test.

Thetford v. Ware

District Court, N.D. West Virginia · Feb 8, 2021

Bureau of Prisons, 413 F.3d 1225, *1233 (10th Cir. 2005) (finding that 5 U.S.C. § 702 operates as “a general waiver of the government’s sovereign immunity from injunctive relief.”). … ] merits of his claims, Plaintiff cannot establish the necessary first factor for a preliminary injunction.

Mordesovitch v. Westfield Insurance

244 F. Supp. 2d 636 · District Court, S.D. West Virginia · Jan 22, 2003

Clearly, “the primary motivating purpose behind the creation of the documents] was to assist in pending ... litigation.” Bedell, 484 S.E.2d at 213 . … bad faith action is “ ‘adversarial, not a fiduciary, relationship ... and that the legislature in creating the bad faith cause of action did not evince an intent to abolish the attorney-client privilege and work product immunity

West Virginia Department of Health & Human Resources v. Sebelius

172 F. Supp. 3d 904 · District Court, S.D. West Virginia · Mar 22, 2016

Instead, the state’s interest was clearly framed in terms of its own expenditures. … With respect to Count I, the state’s damages theory clearly sought to recover West Virginia’s expenditures on OxyContin prescriptions.

Monongahela Power Co. v. Chief, Office of Water Resources, Division of Environmental Protection

211 W. Va. 619 · West Virginia Supreme Court · Jul 1, 2002

The Board is further ordered to hear the appeals of streams listed on the 1998 303(d) list, and determine whether the streams on the list qualify for listing in light of these findings of fact and conclusions of law, and … The issuance of a 303(d) list clearly is not a “failure or refusal of the [Chief of the Office of Water Resources] to act within the specified time.”

Alderson v. Commissioners

31 W. Va. 633 · West Virginia Supreme Court · Dec 5, 1888

If this position is tenable, then clearly the rule ought to be quashed ; as in such case it ought not to have issued, there being nothing alleged in the petition to justify it. … Va. 806 , and it was insisted, that the act was unconstitutional, because the constitution guaranties every qualified citizen the right to vote, which would amount to nothing, if the vote were not counted, when the voter

Brecht v. Warden

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

The record clearly reflects that the government relied upon petitioner’s prior offense of felony failure to affix a drug tax stamp to enhance his sentence, not the prior Possession … The petitioner bears the burden of establishing that he satisfies all four Wheeler savings clause criteria. ii.

Blake v. Columbia Gas Transmission, LLC

District Court, S.D. West Virginia · Sep 17, 2021

Maddox might have qualified as an expert,5 the time for disclosing him as an expert is long past. … Maddox actually would qualify as an expert as that issue is not before the Court.

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

West Virginia Supreme Court · Nov 7, 2017

Thus, the DHHR has not argued the defense of governmental immunity. 2 See W.Va. … Code § 55–2–15 (1923) (Repl.Vol.1994) clearly prohibits the application of the discovery rule to extend the statutory filing periods provided by [W. Va. Code § 55-2-15].” 202 W.

SER Discover Financial Services, Inc. v. Hon. David W. Nibert and SER Glaxosmithkline, LLC v. Hon. James H. Young, Jr.

231 W. Va. 227 · West Virginia Supreme Court · Jun 4, 2013

A twelve-member Ethics Commission is established under the Act. See W. Va. Code § 6B-2-1 (2008) (Repl. Vol. 2010). … Vol. 2006) only authorizes the Attorney General to “[d]elegate his powers and duties under this chapter to qualified personnel in his office[.]”