Case law

Horne v. Humphreys (In re James F. Humphreys & Associates, L.C.)

554 B.R. 355 · United States Bankruptcy Court, S.D. West Virginia · Jul 15, 2016

argument, that the Tazewell County Airport Authority was immune from suit, which the Plaintiffs have refuted. . … Binding precedent provides significant guidance concerning what type of action *363 qualifies as a “related to” case under title 11. In Celotex Corp. v.

Brian M. v. Ames, Superintendent

West Virginia Supreme Court · May 20, 2021

Smith was an independent, unbiased, qualified forensic evaluator and that it was appropriate for Dr. Smith to prepare the post-trial report. See Morgan, 2013 WL 149602, at *10, *20. … Victor’s performance was “clearly deficient” because Mr. Victor waived petitioner’s presence at the omnibus hearing. Petitioner alleges that Mr.

Tinsley v. Onewest Bank, FSB

4 F. Supp. 3d 805 · District Court, S.D. West Virginia · Mar 14, 2014

Plausibility is established “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” … Most importantly, given the ambiguity in the underlying Deeds, it stretches credulity to say that Defendant’s communications with Plaintiff regarding its interpretation of the Deeds qualify as conduct which creates a likelihood

Affiliated Construction Trades Foundation v. Public Service Commission

211 W. Va. 315 · West Virginia Supreme Court · Jul 3, 2002

The Commission does not establish parameters for the workforce composition for a project, even a traditional utility project. … In fact, the record clearly reveals that ACT indeed sought to revoke the *791 certificate of convenience and necessity issued to Big Sandy.

State v. Hinkle

200 W. Va. 280 · West Virginia Supreme Court · Oct 31, 1996

Finally, our conclusion about the weight of the evidence is buttressed by the fact that evidence of the presence of alcohol was admitted by the trial court even though contemporaneous blood tests indicated the defendant was clearly … (Emphasis added). 8 .The tavern owner indicated the defendant was a regular patron of her establishment. 9 . The trial court qualified Dr. Washburn as an expert in the field of diagnostic radiology. 10 .

Calwell's Ex'r v. Prindle's Adm'r

19 W. Va. 604 · West Virginia Supreme Court · May 6, 1882

I have shown that the said note or bond, if ever made, was not material or necessary to prove or establish the plaintiff’s deb*1 in this cause. … The copy of the deed of trust filed by plaintiff with his bill as evidence in the cause establishes the debt.

Pham v. Saad

District Court, N.D. West Virginia · Nov 1, 2017

As discussed more fully below, Petitioner clearly is not entitled to relief under 28 U.S.C. § 2241 and, therefore, no response is required of Respondent. V. … If the state crime was “the same as, or narrower than, the relevant generic offense,” then the state crime qualified as an enumerated offense. 136 S.Ct. at 2257; see also Taylor v.

Pham v. Saad

District Court, N.D. West Virginia · Oct 31, 2017

As discussed more fully below, Petitioner clearly is not entitled to relief under 28 U.S.C. § 2241 and, therefore, no response is required of Respondent. V. … If the state crime was “the same as, or narrower than, the relevant generic offense,” then the state crime qualified as an enumerated offense. 136 S.Ct. at 2257; see also Taylor v.

Highland Mining Co. v. West Virginia University School of Medicine

235 W. Va. 370 · West Virginia Supreme Court · May 21, 2015

Consumer Product Safety Commission, 600 F.Supp. 114 (D.D.C.1984), the district court addressed this same issue and found documents qualified under the federal FOIA “deliberative process” exemption because they detailed an … The federal FOIA exemption provides that government can withhold “personnel and medical files and similar files .the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552

State v. Phillips

205 W. Va. 673 · West Virginia Supreme Court · Jul 14, 1999

At that time, they were informed by the cashier that they did not have enough purchases to qualify for the cashing of the payroll check. Wal-Mart requires that the purchases total at least one-third of the check. … The Wilen court found that public policy supported this conclusion: The practice of municipalities which allows law enforcement officers, while off-duty and in uniform, to serve as peacekeepers in private establishments open

Corner v. Griffith

238 S.E.2d 529 · West Virginia Supreme Court · Nov 1, 1977

Although we have not had occasion to define its full scope, our Double Jeopardy Clause provides immunity from further prosecution where a jury in a court having jurisdiction has acquitted the accused. … Louk also correlated the due process rights required at a probation revocation hearing with those at a parole revocation hearing. [17] Clearly from the foregoing cases this Court has accorded substantial due process rights

Orme v. Charleston Police Department

District Court, S.D. West Virginia · Dec 8, 2022

However, “this principle only applies...if all facts necessary to the affirmative defense ‘clearly appear[] on the face of the complaint.’” Id. … 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

Cline v. Mirandy

234 W. Va. 427 · West Virginia Supreme Court · Nov 3, 2014

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a de novo review.” … Hill, 216 W.Va. 155, 160-61 , 603 S.E.2d 177, 182-83 (2004), this Court observed that West Virginia Code § 53-4A-1(a) established a jurisdictional base for habeas relief: “[Hjabeas lies only for one ‘convicted of a crime

Elmore v. Triad Hospitals, Inc.

220 W. Va. 154 · West Virginia Supreme Court · Dec 14, 2006

Charlie A.L., 194 W.Va. 138 , 459 S.E.2d 415 (1995), "[w]here the issue on appeal from the circuit court is clearly a question . . . involving an interpretation of a statute, we apply a de novo standard of review." III. … Simply put, the mere mailing of a notice of claim to a hospital where a physician provides medical services cannot suffice to establish service of the notice of claim upon the physician unless the notice is received by a

Greene v. Feaster

District Court, N.D. West Virginia · Mar 1, 2019

immunity (id. … In order for a plaintiff to prove a claim of excessive force, the plaintiff must first establish that “the alleged wrongdoing was objectively ‘harmful enough’ to establish a constitutional

Fluharty v. Peoples Bank, NA

District Court, S.D. West Virginia · Apr 24, 2018

appropriate because he is a court-appointed receiver, and this Court lacks jurisdiction to hear a collateral attack on the actions taken as a receiver; (2) dismissal is appropriate because he is entitled to immunity … Blust, 668 F.3d 153, 156- 57 (4th Cir. 2012) (“The Supreme Court established in Barton that before another court may obtain subject-matter jurisdiction over a suit filed against a receiver for acts committed in his official

Centra Bank, Inc. v. Burton (In Re Burton)

416 B.R. 539 · United States Bankruptcy Court, N.D. West Virginia · Sep 18, 2009

Thus, some courts hold that to be a “fiduciary” under § 523(a)(4), the debtor must have “either expressly signified his intention at the outset of the transaction, or was clearly put on notice by some document in existence … [at a time when] federal bankruptcy and state corporation laws were as yet ill-established.”

Kanawha Valley Bank v. Hornbeck

151 W. Va. 308 · West Virginia Supreme Court · Dec 13, 1966

He also gave her fifty thousand dollars outright, and provided for the establishment of corporations to handle benevolent matters, for the appointment of executors and trustees, and for the types of powers to be vested in … (Defeasible fees have sometimes been referred to by decisions as base, qualified or determinable fees. 19 Am. Jur., Estates, § 116. See Stephenson v. Kuntz, 131 W. Va. 599 , 49 S.E.2d 235 ).

Turner v. Turner

District Court, N.D. West Virginia · Sep 29, 2021

trust in good faith, duty of loyalty, duty of impartiality, duty to administer as a prudent person would, duty to incur only reasonable expenses, duty to protect trust property, duty to clearly … Whether a defendant possesses such minimum contacts is analyzed by looking to whether the plaintiff seeks to establish “specific” or “general” jurisdiction.

Stern v. Chemtall Inc.

217 W. Va. 329 · West Virginia Supreme Court · Jul 14, 2005

We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous standard. … Judicial supervision and responsibility “implies the duty of establishing and maintaining civilized standards of procedure and evidence.” McNabb v.