Case law

State v. Dilliner

212 W. Va. 135 · West Virginia Supreme Court · Jul 26, 2002

seems reasonable to require, as we did in Clawson, some in camera disclosure of the methodology, scientific reliability, and results of the HGN test, as well as evidence of whether accepted test procedures were followed by qualified … Witte that the State had not established the scientific reliability of the HGN evidence, and that the police officer’s testimony about his observations could not establish that reliability. Accord, State v.

State v. Miller

194 W. Va. 3 · West Virginia Supreme Court · May 18, 1995

In addition, we find the *20 defendant did not meet her burden of proof to establish ineffective assistance, nor did she establish the trial court committed plain error by failing to give the jury a self-defense instruction … Assi, 748 F.2d 62, 65 (2d Cir.1984) ("[t]he purpose of jury instructions is to inform the jury clearly and succinctly of the role it is to play and the decisions it must make”).

Gasper v. Swick & Sons Maintenance Specialists, Inc

District Court, N.D. West Virginia · Apr 28, 2021

As West Virginia case law clearly shows, the Supreme Court of Appeals of West Virginia recognizes such negligence claims against an employer and employee. … The Court is mindful of the West Virginia Legislature limiting an employee’s liability in certain situations, such as the immunity granted to employees under the Workers’ Compensation statute.

Sumpter v. United States

District Court, S.D. West Virginia · Sep 18, 2019

Murphy, including by requiring that he follow the procedures and abide by the standard of care it established. … The FTCA waives sovereign immunity for certain torts committed by employees of the United States but does not waive immunity as to the acts of independent contractors. Logue v.

Young

District Court, S.D. West Virginia · Sep 9, 2026

“The district judge in the case must consider timely objections and modify or set aside any part of the order that is clearly erroneous or is contrary to law.” … Young has failed to establish “exceptional circumstances” indicating such appointment is necessary. Accordingly, no part of Magistrate Judge Aboulhosn’s order denying [ECF 30] Mr.

State of West Virginia ex rel. Gabriel Devono and The Board of Education of Randloph County v. The Honorable David H. Wilmoth, Judge of the Circuit Court of Randolph Coutny, Sherman Arbogast, and Marlene Arbogast

West Virginia Supreme Court · Jun 15, 2023

The petitioners contend that the district court’s dismissal of the plaintiff’s wrongful termination and negligence claims in Duerring I because of his failure to exhaust administrative remedies establishes that Mrs. … Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Pajak v. Under Armour, Inc.

District Court, N.D. West Virginia · Jun 11, 2021

In other words, to qualify as an “employer” under the WVHRA an entity must have at least twelve employees actually working in the State. … But here, discovery has established that, in the relevant 2017 and 2018 calendar years, although more than twelve Under Armour employees lived in West Virginia, fewer than twelve worked in

West Virginia Ex Rel. McGraw v. CVS Pharmacy, Inc.

748 F. Supp. 2d 580 · District Court, S.D. West Virginia · Sep 21, 2010

The defendants have not established that the Attorney General’s claims impermissibly relate to coverage or benefits as established by the terms of a FEH-BA contract. … Defendants also launch a frontal assault on the Attorney General's allegation that they qualify as "creditor[s]” under section 46A-7-111. 2 .

State of West Virginia v. Scott A. Neal

West Virginia Supreme Court · Dec 5, 2016

Showalter and the Petitioner’s brother, the Petitioner was clearly the aggressor once he became involved. … Thus, pursuant to West Virginia Code § 29-21-2 (2013), the Petitioner would no longer qualify for court-appointed counsel. In State ex rel. Kees v.

Board of Review of the Bureau of Employment Programs v. Gatson

210 W. Va. 753 · West Virginia Supreme Court · May 1, 2001

The findings of fact of the Board of Review of the West Virginia Department of Employment Security are entitled to substantial deference unless a reviewing court believes the findings are clearly wrong. … The petitioners, a state senator and surviving spouses of deceased state workers, requested that the Board be required to extend the optional insurance coverage to those who qualified.

Dale Anthony and Shatika Marie Campbell v. Annette Schoew

West Virginia Supreme Court · Apr 10, 2017

Respondent argued that the survey clearly demonstrated a violation of the five-foot setback covenant. … As such, it was not established that petitioners could, or in fact did, move the applicable “lot lines” by acquiring adjoining land.

O'Hara v. Bayliss

District Court, N.D. West Virginia · Sep 13, 2024

based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint's factual allegations and dismiss those claims whose factual contentions are clearly … The Petitioner submitted no records to demonstrate that he took the required steps to exhaust the four-tiered administrative remedy process established for exhaustion of administrative remedies.

State Farm Mutual Automobile Insurance v. Schatken

230 W. Va. 201 · West Virginia Supreme Court · Nov 16, 2012

The circuit court granted partial summary judgment as to the non-duplication provision, denied the motion to strike, and established a new briefing schedule for the reimbursement issue. … Certainly a tortfeasor’s liability policy would qualify as “any other policy.”

Taylor v. Sears, Roebuck and Co.

190 W. Va. 160 · West Virginia Supreme Court · Dec 14, 1993

SEARS, ROEBUCK AND CO., a New York Corporation Qualified to do Business in the State of West Virginia, Defendant Below, Appellant. No. 21135. Supreme Court of Appeals of West Virginia. Submitted January 26, 1993. … Significantly, however, we acknowledged that "some of the provisions in W.Va.Code, 21-3-1 through -18, involve safety requirements that are clearly the responsibility of an employer because they involve machines or other

First American Title Insurance Co. v. Bowles Rice, L.L.P.

District Court, N.D. West Virginia · Dec 11, 2017

describe in detail any and all documents which might exist which would indicate the amount of the reserve established; when it was established; who established the reserve; the … NO. 103] defendants asserted that they had acted in good faith and were entitled to immunity. 68 F.R.D. at 578.

Meadows v. Lewis

172 W. Va. 457 · West Virginia Supreme Court · Jul 7, 1983

Thus, the matters raised by the petitioners are clearly capable of repetition below. … Where a claimant clearly shows permanent total disability a proper award should be promptly made.

Adkins v. Adkins

221 W. Va. 602 · West Virginia Supreme Court · Nov 8, 2007

Furthermore, Appellant’s circumstances while incarcerated do not appear to meet the remainder of the statutory qualifiers for application of the attribution of income statute. … We do not have in the matter before us someone who is incarcerated in the regional jail system, although the establishment of a comparable program developed with legislative input would have obvious benefits.

Powell v. Bank of America, N.A.

842 F. Supp. 2d 966 · District Court, S.D. West Virginia · Feb 2, 2012

Our court of appeals lays a “heavy burden” upon a defendant claiming fraudulent joinder: “In order to establish that a nondiverse defendant has been fraudulently joined, the removing party must establish either: [t]hat there … Grace & Co., 156 F.3d 535 (4th Cir.1998), plaintiffs maintain that BAC’s right of foreclosure is qualified by a duty to act in good faith.

Couch v. McCoy

138 F. 696 · U.S. Circuit Court for the District of West Virginia · Jun 21, 1905

But while I believe this to be the law as well established by well-considered decisions of many courts, it is nevertheless true that, before an option contract can be enforced by the person holding it, it must itself be complete … Couch says, “And as soon as said paper [the option] arrives I will make investigation of your property and write you immediately on my return to Ronceverte”; showing clearly that he was not relying on any existing option

State v. Heaton

23 W. Va. 773 · West Virginia Supreme Court · Dec 1, 1883

Being constantly repeated by the court, it naturally acquired the posi-tioir and strength of an established dogma. … The rule *791 as thus stated is qualified by tlie character of the possession and does not, as others have stated it, depend upon its application to the possession being exclusive. In State v.