Case law

K. Subramani v. W. Va. Board of Governors

West Virginia Supreme Court · Nov 20, 2015

Similarly, the WVU CEMR Criteria for Promotion and Tenure required that, in order to qualify for promotion to the rank of professor, a candidate must show a sustained record of significant contributions in teaching and research … In addressing these factors, the circuit court reasoned that the legislature clearly stated the purpose of the grievance procedure was to resolve grievances in a fair, efficient, cost-effective, and consistent manner.10 Taking

United Hospital Center v. Cheryl Romano, Assessor Of Harrison County

West Virginia Supreme Court · May 29, 2014

a very precise procedure for determining the taxability of hospital-owned property, the nuances of which the majority of the Court clearly has not grasped in its decision of this case. 3 … Whenever property is required to be “used” for stated purposes in order to qualify for exemption under W. Va.

Oakley v. Coast Professional, Inc.

District Court, S.D. West Virginia · Nov 4, 2021

But the Courts of Appeals that have distinguished Chae have not done so on bases that clearly distinguish this case. … But it does not follow that Congress wanted to provide collection agencies with full immunity from consumer protection laws.

Farrell v. Mon Health Care, Inc.

District Court, N.D. West Virginia · Sep 25, 2025

“Once the plaintiff proffers evidence establishing [her] prima facie case, and the employer offers a non-retaliatory reason of the adverse action, the plaintiff ‘bears the burden of establishing … As elaborated upon above, the record clearly establishes that Plaintiff did not appropriately secure her computer access — either by sharing her password or leaving her workstation unlocked.

Melange Cafe LLC v. Erie Insurance Property & Casualty Company

District Court, S.D. West Virginia · Aug 31, 2020

The Fourth Circuit sets a high standard for defendants attempting to demonstrate fraudulent joinder: “[T]he removing party must establish either: that there is no possibility that the plaintiff would be able to establish … The best way to advance this objective is to accept the parties joined on the face of the complaint unless joinder is clearly improper.

Wheeling & Elm Grove R. R. v. Town of Triadelphia

58 W. Va. 487 · West Virginia Supreme Court · Dec 12, 1905

Va. 464 , may seem tó be inconsistent with this position, but it does not clearly propound a different doctrine. … They may determine it in a qualified manner, just as an individual in the exercise of his common-law right of abatement, may determine for himself what is a nuisance.

United States v. Wallace

811 F. Supp. 2d 1265 · District Court, S.D. West Virginia · Sep 9, 2011

Taylor, 90 F.3d 903, 908 (4th Cir.1996) (“[A] law enforcement officer’s observations from a public vantage point where he has a right to be and from which the activities or objects he observes are clearly visible do not constitute … Napier’s testimony established beyond peradventure the reliability of the confidential informant.

State ex rel. Johnson v. Johnson

28 W. Va. 56 · West Virginia Supreme Court · Mar 27, 1886

to cases coming within the provision of this act, and emphatically in cases of injunctions to judgments at law, the statute is explicit and imperious, and takes from the chancellor all discretion as to the security, as clearly … The balance of this plea violates the well established rules of pleading to such an extent, that it should be styled an argument of counsel for the defendants rather than a plea. The plea of John 0.

S.M.B. v. Michael York

District Court, S.D. West Virginia · Oct 26, 2017

“Dismissal . . . is appropriate when the face of the complaint clearly reveals the existence of a meritorious affirmative defense.” Brooks v. City of Winston-Salem, 85 F.3d 178, 181 (4th Cir. 1996). … Case law provides clear guidance as to what claims may qualify for application of this exception.

West Liberty University Board of Governors v. Stewart Lane

West Virginia Supreme Court · Jan 5, 2018

Defendants contend that evidence regarding “other” hoops was clearly irrelevant. In the alternative, defendants argue that, even if such evidence had been relevant, Mr. … Moreover, he had no design background that would qualify him to testify regarding the design and function of such hoops. Defendants highlight that Mr.

Bright v. Tucker County Board of Education

184 W. Va. 33 · West Virginia Supreme Court · Nov 9, 1990

The petitioners appealed this decision to the State Superintendent of Schools, who refused to hear their case because of the new grievance procedure established by W.Va.Code § 18-29-1 et seq. … "Interpretations of statutes by bodies charged with their administration are given great weight unless clearly erroneous.” Syl. pt. 4, Security Nat'l Bank & Trust Company v. First W. Va.

Pethel v. McBride

219 W. Va. 578 · West Virginia Supreme Court · Jul 18, 2006

Our law is well established that non-jurisdictional errors are waived by the entry of a voluntary guilty plea. … In the case at hand, the change in the statute was clearly procedural.

Clark v. Clark (In re Clark)

574 B.R. 598 · United States Bankruptcy Court, S.D. West Virginia · Sep 30, 2017

An obligation qualifies as a DSO if it is (1) owed to a spouse or child of a spouse, (2) “in the nature of alimony, maintenance, or support,” (3) established by a divorce decree before a debtor spouse petitioned for relief … Jessee, 789 F.2d 1074, 1077-78 (4th Cir. 1986) (concluding that the structured drafting and labels attached to the agreement clearly demon strated parties’ intent to separate alimony from property settlement issues).

Richard Otto and Patricia Otto v. Catrow Law, PLLC.

West Virginia Supreme Court · Nov 2, 2020

Thus, the failure of Petitioners to establish any one of those three elements is fatal to their claim. … We have also held that “[w]hether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly

Zimmerer v. Romano

223 W. Va. 769 · West Virginia Supreme Court · Apr 30, 2009

Va.Code § 17-2A-19 is clearly a more general statute explaining the DOH’s process in disposing of excess property. W. … In order to qualify for preferential treatment, the surviving spouse or descendant need not be a beneficiary of the individual.

Pegram v. Stortz

31 W. Va. 220 · West Virginia Supreme Court · Feb 28, 1888

I have sought for this quotation,' because, from the manner it is inserted by Sedgwick, 1 supposed it was qualified by what preceded or followed. But I have been unable to find it. … These views, expressed perhaps more clearly in Franklin v.

Whiteman v. Chesapeake Appalachia, LLC

873 F. Supp. 2d 767 · District Court, N.D. West Virginia · Jun 7, 2012

While it is true that “a permit granted by an agency does not act to immunize the permit holder from civil tort liability from private parties for actions arising out of *775 the use of the permit[,]” the WVDEP permits can … Clearly, the plaintiffs’ common law claims are not precluded by the Damage Compensation Act, and thus, the defendant’s motion for summary judgment is denied insofar as it argues that the Damage Compensation Act prevents the

Cooper v. Norfolk & Western Railway Co.

870 F. Supp. 1410 · District Court, S.D. West Virginia · Nov 18, 1994

Subject Matter Jurisdiction “Whether federal law pre-empts a state law establishing a cause of action is a question of congressional intent.” Hawaiian Airlines v. … Plaintiff clearly is a member of a protected class and he engaged in a protected activity (filed a complaint).

Michael S. Thompson v. Donnie Ames, Superintendent

West Virginia Supreme Court · Nov 8, 2019

In cases involving a criminal conviction based upon a guilty plea, the prejudice requirement of the two-part test established by Strickland v. … However, petitioner fails to clearly state what he wanted trial counsel to accomplish regarding the independent testing.

Bowyer v. Hi-Lad, Inc.

216 W. Va. 634 · West Virginia Supreme Court · Dec 3, 2004

In this specific context, we articulated the elements for establishing standing in syllabus point 5 of Findley as follows: Standing is comprised of three elements: First, the party attempting to establish standing must have … Bowyer had to establish that he suffered an injury-in-fact. However, Mr.