Case law

Martin v. Pugh

175 W. Va. 495 · West Virginia Supreme Court · Jun 6, 1985

This finding is not clearly wrong. *499 After July, 1978, the appellee began working 40 hours per week but at part-time hourly wages instead of on a salaried basis. … At that time the statute 13 provided that the maximum age for an applicant to take the qualifying examination for appointment as a member of a paid fire department was 35 years of age.

Jacklin Romeo, Susan S. Rine, and Debra Snyder Miller v. Antero Resources Corporation

West Virginia Supreme Court · Nov 14, 2024

Clearly, because adoption of a “first available market” theory would have represented a sea change in the law as it had been understood for more than two decades, the Court in Kellam would have been constitutionally required … Thus, it is clear that our cases are based on a solid foundation of established practice and established legal principles in this State.13 A further reason for our decision today to reaffirm the validity

Jacklin Romeo, Susan S. Rine, and Debra Snyder Miller v. Antero Resources Corporation

West Virginia Supreme Court · Nov 14, 2024

Clearly, because adoption of a “first available market” theory would have represented a sea change in the law as it had been understood for more than two decades, the Court in Kellam would have been constitutionally required … Thus, it is clear that our cases are based on a solid foundation of established practice and established legal principles in this State.13 A further reason for our decision today to reaffirm the validity

Bayer Employees Federal Credit Union v. Sapp (In Re Sapp)

364 B.R. 618 · United States Bankruptcy Court, N.D. West Virginia · Mar 26, 2007

Palmer stated that the Debtor’s debt to income ratio was O. 32, *629 which qualified him for the loan. … See, e.g., In re Treadwell, 699 F.2d 1050, 1051 (11th Cir.1983) (“[L]ove and affection are clearly insufficient to protect the transfers from the Trustee....

McCall v. Apfel

47 F. Supp. 2d 723 · District Court, S.D. West Virginia · Mar 24, 1999

It is well established that a facet of alcoholism is denial. See Adams v. … Tired of “doing the same old job,” failing to wear protective gear, and ceasing to look for work hardly qualify as disabling conditions.

Compton v. U.S. Government

District Court, N.D. West Virginia · Sep 14, 2018

Sixth, the defendants argue that defendant Meyer is immune because Public Health Service employees are not subject to Bivens liability for medical decisions within the scope of their employment … Second, the magistrate judge found that the plaintiff cannot establish his claim of excessive force. ECF No. 135 at 20.

Judith Collett, Assessor v. Eastern Royalty, LLC

232 W. Va. 126 · West Virginia Supreme Court · Oct 21, 2013

The Property Valuation Training and Procedures Commission (“PVC” or “Valuation Commission”) is established through W. Va. … other conclusion other than the Division of Forestry is the agency designated to inspect property that a taxpayer contends to be managed timberland to determine if that property qualifies

Citynet, LLC v. Frontier West Virginia, Inc.

District Court, S.D. West Virginia · Nov 7, 2023

against the defendants under the FCA).2 Once the court ruled on the motions to dismiss, the case was stayed for two years while the state defendants unsuccessfully sought the protection of qualified … immunity in an interlocutory appeal.

State v. LaRock

196 W. Va. 294 · West Virginia Supreme Court · Mar 20, 1996

The judge did nothing wrong by following established precedent. … First, the defendant argues he was denied a panel of qualified jurors.

Lawyer Disciplinary Board v. Smoot

228 W. Va. 1 · West Virginia Supreme Court · Nov 17, 2010

The HPS opined that, in order to establish that the Respondent violated Rule 3.4(a) by withholding the May 16, 2001 letter, the ODC must establish by clear and convincing evidence that the act of withholding Dr. … Veneri, 206 W.Va. 384, 386 , 524 S.E.2d 900, 902 (1999) (finding lawyer violated Rule 8.4(d) by failing to inform family law master or opposing counsel that proposed Qualified Domestic Relations Order had been altered while

Hominy Creek Preservation Ass'n v. West Virginia Department of Environmental Protection

230 W. Va. 151 · West Virginia Supreme Court · Oct 19, 2012

The Court also stated that “[t]he letter of clarification does not qualify as a motion to alter or amend judgment under Rule 59(e) of the West Virginia Rules of Civil Procedure for the purposes of tolling the appeal period … The Board also examined the fee award pursuant to the framework established in Bostic v. American General Finance, Inc., 87 F.Supp.2d 611, 614-19 (S.D.W.Va.2000), and Schultz v.

State v. Scott

206 W. Va. 158 · West Virginia Supreme Court · Jul 8, 1999

Frost testified that his opinion was not a legal conclusion — that he was neither trained nor qualified to render a legal conclusion concerning Brandon Rosenberger’s death. … The specific and precise purpose for which the evidence is offered must clearly be shown from the record and that purpose alone must be told to the jury in the trial court’s instruction. Syllabus Point 1, State v.

State v. Hayes

109 W. Va. 296 · West Virginia Supreme Court · May 31, 1930

An objection to a venireman that he is not qualified according to law comes too late after he is sworn to try the issue. Thompson v. Commonwealth, 8 Grat. (49 Va.) 637; Ohio River R. Co. v Blake, 38 W. Va. 718 , 18 S. … But, if there has been no conspiracy, such acts and declarations cannot be considered for the purpose of establishing a conspiracy in the first place.

Holbrook v. Aldridge

District Court, S.D. West Virginia · Apr 8, 2021

damages for emotional distress cannot rely on conclusory statements that the plaintiff suffered emotional distress [or] the mere fact that a constitutional violation occurred, but, rather, the testimony must establish … Clearly, Plaintiff has made sweeping claims against multiple individuals.

Fayette County National Bank v. Lilly

199 W. Va. 349 · West Virginia Supreme Court · Mar 14, 1997

of law, Justice Cleckley appropriately qualified this area in Gentry v. … The issue posed to this Court by the Lillys clearly requires legislative consideration and legislative action as it is a marked deviation from existing law.

State of West Virginia v. Jay Folse

West Virginia Supreme Court · Nov 7, 2023

There, the Legislature qualified the phrase “any person,” and excised from that class granted an appeal by right those defendants who pled guilty in magistrate court “where the defendant was represented by counsel at the … We have already established that Mr.

Leeson v. United States

District Court, N.D. West Virginia · May 11, 2018

Courts will uphold those portions of a recommendation to which no objection has been made unless they are “clearly erroneous.” See Diamond v. Colonial Life & Accident Ins. … Code § 61-3- 11(a) qualifies as “burglary” within the meaning of the ACCA. 836 F.3d at 444.

Carter v. Reserve Gas Co.

84 W. Va. 741 · West Virginia Supreme Court · Oct 14, 1919

These express terms are not overthrown nor qualified by any presumption that the words “to descend” were used in their technical sense. A mere presumption always yields to the force of express words of negative import. … Nor does the inhibition of sale or disposition of the property clearly or conclusively import intention to grant a fee simple title.

State v. Jenkins

229 W. Va. 415 · West Virginia Supreme Court · Jun 21, 2012

“A trial court’s decision regarding the voluntariness of a confession will not be disturbed unless it is plainly wrong or clearly against the weight of the evidence.” Id., Syl. Pt. 3. … The evidence establishing the delivery of oxycodone is discussed in detail below. .

Robert D. Toler v. Cornerstone Hospital of Hungintgon, LLC

West Virginia Supreme Court · Jun 15, 2023

The purpose of the peer review privilege is steadfast in protecting peer-to- peer examination of the performance of health care services: “The enactment of West Virginia Code §§ 30-3C-1 to -3 (1993) clearly evinces a public … as evidence in any civil action arising out of the matters which are subject to evaluation and review by such organization[.]”6 But, information, documents, or records otherwise available from original sources are not immune