Case law

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[.]”

Travis v. Alcon Laboratories, Inc.

202 W. Va. 369 · West Virginia Supreme Court · May 21, 1998

The liability clearly does not extend to mere' insults, indignities, threats, annoyances, petty oppressions, or other trivialities. … Clearly, that relationship is not an arm's length one between strangers.”

Huntington Sanitary Board v. Public Service Commission of West Virginia and Hubbard Heights Subdivision Association

West Virginia Supreme Court · May 23, 2025

The PSC responds that its jurisdiction, once established, is not intermittent and cannot be constantly reassessed based on fluctuating numbers of customers. … So we shift our analysis to the PSC’s consideration of HSB as a qualifying CPU under the statutory criteria outlined in West Virginia Code § 24-2H-5(b), which provides In determining whether a utility is

James N. Mauldin v. Shelby Searls, Superintendent, Huttonsville Correctional Center

West Virginia Supreme Court · Aug 31, 2022

'In West Virginia Courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … Looking at her testimony as a whole, Dawkins clearly blamed the Petitioner for inflicting the beatings. 103.

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

State v. Eilola

226 W. Va. 698 · West Virginia Supreme Court · Nov 23, 2010

Clearly the Legislature did not intend these results. 220 W.Va. at 107 , 640 S.E.2d at 170 . However, as the State correctly contends, W. Va. … In fact, in the instant case the defendant initially retained counsel and did not qualify as an indigent.

Bills v. OS Restaurant Services, LLC

District Court, S.D. West Virginia · Jul 31, 2019

To establish a prima facie case of disability discrimination under the WVHRA a plaintiff must show that (1) he meets the definition of “disabled,” (2) he is a “qualified disabled person,” and (3) he was discharged from … Defendant clearly has articulated a nondiscriminatory reason for firing Plaintiff: it determined that Plaintiff was “unable to perform the essential functions of his position with or without accommodation.”

State ex rel. Surnaik Holdings of WV, LLC v. The Honorable Thomas A. Bedell

West Virginia Supreme Court · Nov 20, 2020

These issues are central to this case and are sufficient to establish commonality under W. Va. R. Civ. P. 23(a). c. … The requirement is satisfied “if resolution of some of the legal or factual questions that qualify each class member’s case as a genuine controversy can be achieved through generalized

Community Antenna Service, Inc. v. Charter Communications VI, LLC

227 W. Va. 595 · West Virginia Supreme Court · Jun 23, 2011

If a Charter customer qualified for and received services under the plan — and about 800 did — the customer got some variation of cash rebates, credits, and/or reduced rates while simultaneously receiving added cable services … Public Service Commission, 25 we indicated that Charter’s buy-back pricing plans were “simply rate discrimination” under the Cable Television Service Act. 26 We found that the “record clearly demonstrates that a very few

Collins v. AAA Homebuilders, Inc.

175 W. Va. 427 · West Virginia Supreme Court · Aug 7, 1985

Once it is established that the Equal Protection Clause is invoked, the next step is to determine whether the particular subject matter, in this case housing, is a fundamental or constitutional right. … Obviously, where blanket exclusions are made of unpopular groups, equal protection principles are clearly implicated under this theory. .

Gainer v. Gainer

30 W. Va. 390 · West Virginia Supreme Court · Nov 19, 1887

In that case, the administrator of the deceased appellant had qualified since the case had been entered in the Court of Appeals as abated by .the death of the appellant. … This claim seems to be in direct conflict with the very words of the statute, which would seem clearly to confine the representative of the plaintiff to this second term of the court to revive the cause, and, if it be not

Williams v. United States

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

Simmons, 649 F.3d 237 (4th Cir. 2011) decision did not qualify as a new fact for purposes of Section 2255(f)(4). Id. at 184. … In the instant case, Movant wholly fails to allege new evidence establishes his actual innocence.

Harper v. Pauley

81 S.E.2d 728 · West Virginia Supreme Court · May 5, 1954

In these circumstances, we think no waiver is established. … Under the well established rule that the findings of a trial chancellor based on conflicting evidence will not be disturbed on appeal unless clearly wrong or against the preponderance of the evidence, the decree entered by

Williams v. United States

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

Simmons, 649 F.3d 237 (4th Cir. 2011) decision did not qualify as a new fact for purposes of Section 2255(f)(4). Id. at 184. … In the instant case, Movant wholly fails to allege new evidence establishes his actual innocence.

Campbell v. Beard

57 W. Va. 501 · West Virginia Supreme Court · Mar 28, 1905

Its finding ought not to be disturbed unless this Court can see that it is clearly wrong. … In numerous cases courts have refused to enforce performance of the contract upon establishment of the unwillingness of the wife to join in the conveyance, but in every such instance her unwillingness has been pleaded as

B. & O. Railroad v. P. W. & Ky. Railroad

17 W. Va. 812 · West Virginia Supreme Court · May 7, 1881

Wheeler , in conflict with what has been here said, it is intended to be restrained and qualified by this opinion.” The opinion cites with approbation the case of B. & O. R. Co. v. … The result would be to a large extent immunity from all legal responsibility. It is not to be supposed, that Congress intended, that the important powers and privileges granted should be followed by such results.”

Yurish v. Sinclair Broadcast Group, Inc.

West Virginia Supreme Court · Nov 19, 2021

The content of the speech at issue in this appeal clearly relates to “broad issues of interest to society at large.” 10 Id. … We believe Bartnicki clearly precludes Petitioners’ action under the Federal Act as well.

Davis v. Demming

12 W. Va. 246 · West Virginia Supreme Court · Dec 12, 1877

Morris in his answer neither admitted nor positively denied the usury, which however was clearly proved by the testimony in the cause (see 2 Munf. 207 ). … of the court I entirely concur for the reasons assigned by Judge Moncure in his opinion ; but in his opinion he expressed views, which are inserted in the syllabus of the case, in which I cannot concur without at least qualifying

Employee Resource Group and Charles Rice v. Connie Harless

West Virginia Supreme Court · Apr 13, 2017

Harless establishes that she cannot pay her portion of the filing fee, ERG will pay her portion of the fee. … Instead, Petitioners requested to have this matter sent directly to arbitration and clearly stated they waived mediation. 6  4.

Osburn v. Huntington Alloys Corporation

District Court, S.D. West Virginia · Aug 9, 2018

The courts had plainly delineated the state law tort and clearly defined the elements required for recovery pursuant to that tort. Id., at 407. … Plaintiff argues that his case is like the Lingle case such that his claim stands independent of the CBA in this case and is therefore immune from Section 301’s preemption.