Case law

Jan-Care Ambulance Service, Inc. v. Public Service Commission

206 W. Va. 183 · West Virginia Supreme Court · Oct 15, 1999

These various provisions and definitions reveal that emergency services personnel and providers who render emergency medical services, as contemplated by the Emergency Medical Act of 1996, must be qualified to provide some … Faerber, 181 W.Va. 592, 597 , 383 S.E.2d 774, 779 (1989) (citing Black's Law Dictionary 79 (5th ed.1979), and determining that use of the term "and" "clearly ma[de] both conditions necessary, not merely either, of the two

Scott Allen Keffer

United States Bankruptcy Court, S.D. West Virginia · Apr 16, 2021

According to one court, “[b]ased on a plain reading of this phrase, it is a clearly higher standard than the mere ‘for cause’ standard set forth in . . . … The record did not establish that the debtor would be unable to confirm a Chapter 11 plan. Tibbens, 2021 WL 1087260 at *4-5.

Adkins v. United States

923 F. Supp. 2d 853 · District Court, S.D. West Virginia · Feb 11, 2013

The Court notes that, as a general proposition, “the FTCA’s limited waiver of sovereign immunity must be strictly construed.” McKewin By & Through Harrell v. United States, No. 92-1770, 1993 WL 389568, at *1 (4th Cir. … Both Davis and Kubrick involved situations in which some affirmative treatment administered by government doctors inflicted clearly identifiable injuries on their patients, ie., loss of hearing and paralysis.

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 ).

D.B. v. J.R.

235 W. Va. 409 · West Virginia Supreme Court · May 22, 2015

Further, “‘[w]here the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.’ Syllabus point 1, Chrystal R.M. v. … She was certainly qualified to give her medical opinion concerning the child’s asthma being aggravated by secondhand smoke.

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.

The Silver Creek Association, Inc. v. Matthew Irby, in this official capacity as State Tax Commissioner of the State of West Virginia, and Johnny Pritt, in his official capacity as Assessor of Pocahontas County, West Virginia

Intermediate Court of Appeals of West Virginia · Nov 14, 2024

The circuit court upheld the Tax Commissioner’s ruling that Petitioner Owners’ condominium units did not qualify as Class II properties1 but instead were properly classified as Class III for ad valorem property tax purposes … matter jurisdiction over those tax years. 5 ultimate disposition under an abuse of discretion standard, and we review the circuit court's underlying factual findings under a clearly

Roger Smith v. Stockmeier Urethanes U.S.A., Inc.

West Virginia Supreme Court · Oct 6, 2021

Specifically, the court found that respondent met its burden “to establish that [it] is likely to succeed on the merits, that [it] is likely to suffer irreparable harm [in] the absence of preliminary relief, that the balance … Respondent qualifies this re-installation as an “attempt to over-write information on the laptop computer hard drive to keep it from being available for [respondent’s] review.”

Charles R. and Linda D. Wright v. Angela Banks, Assessor

232 W. Va. 602 · West Virginia Supreme Court · Nov 21, 2013

by the Property Valuation Training and Procedures Commission5 and the valuation system established by the Tax 4 “‘The function of a proviso in a statute is to modify, restrain, or conditionally qualify the … This Administrative Notice clearly demonstrates that a property’s value is more than just its purchase price.

In re M.M., H.M., and W.M

West Virginia Supreme Court · Oct 30, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … So was it your understanding that she didn’t qualify for a medical card on her own due to her income? A. Yes. Q.

Elliot v. Trahern

35 W. Va. 634 · West Virginia Supreme Court · Dec 12, 1891

Trahern qualified as the administrators of James Trahern deceased, and gave bond in the penalty of twenty thousand dollars, and Francis A. … Showalter alone, who states that they were written in 1880 ; does not remember at whose house they were written, but does remember that he lived at Moatsville at the time. *647 The weight of evidence, then, clearly shows

State of West Virginia ex rel. Morgantown Oper. Co. LLC v. Judge Gaujot

West Virginia Supreme Court · Jun 11, 2021

Code 55-7B- 4(b), the term “injury” was clearly intended by the Legislature to include death that resulted from “the rendering of or failure to render health care,” W. Va. … (eff. 2015) (“It is the duty and responsibility of the Legislature to balance the rights of our individual citizens to adequate and reasonable compensation with the broad public interest in the provision of services by qualified

Vickers v. Kanawha & West Virginia Railroad

64 W. Va. 474 · West Virginia Supreme Court · Dec 9, 1908

is worth observing that, as the doctrine of non-delegable duties has not been formulated with much distinctness at the time the earlier case was decided, it is extremely probable that the effect of such a conception as qualifying … Now the evidence of Jarrett, the brakeman, and of Morris, an employee of Tully, on cross-examination, though not quite so clearly as might be desired, tends to show that Tully was personally present, himself directing the

State v. Miller

195 W. Va. 656 · West Virginia Supreme Court · Dec 13, 1995

In this case, we find that the prosecution established beyond a reasonable doubt that the defendant was aware of the forcible compulsion by a third party, which coerced the victim. … MOORE: The only thing I’m going to qualify and ask her, if she knows Cecil’s — Cecil Miller’s children and when they ceased to be enrolled in school in Pendleton County. That’s all it is. Be about three questions. MR.

Keeper of the Mountains Foundation v. United States Department of Justice

514 F. Supp. 2d 837 · District Court, S.D. West Virginia · Aug 28, 2007

The OIP’s Vaughn index and accompanying Pustay declaration are clearly inadequate in this regard. … An agency should be given the opportunity, by means of detailed affidavits or oral testimony, to establish to the satisfaction of the District Court that the documents sought fall clearly beyond the range of material that

Handley v. Cook

162 W. Va. 629 · West Virginia Supreme Court · Feb 13, 1979

Such an assumption is clearly erroneous. F. … Low, 52 W.Va. 662 , 44 S.E. 410 (1901), where the Court noted that "when for a public use" qualified the right to condemn.

SER Patrick Morrisey, Attorney General v. W. Va. Ofc. of Disciplinary Counsel, etc.

234 W. Va. 238 · West Virginia Supreme Court · Oct 15, 2014

Sanders, 192 W.Va. 602, 606 , 453 S.E.2d 436, 440 *246 (1994) (“The petitioner’s right to the extraordinary remedy of prohibition must clearly appear before he is entitled to such remedy.”). … VII, § 4 ("There shall be elected by the qualified voters of each county ... an attorney for the Commonwealth^]”). The attorney for the Commonwealth, not the Attorney General, has general prosecutorial authority.

State of West Virginia v. Kevin Woodrum

West Virginia Supreme Court · May 29, 2020

That distinction, the State argues, plus the disjunctive “or” found in (a)(2), demonstrates the Legislature’s intent to establish multiple ways to violate (a)(2). … That parallel language communicates the Legislature’s intent clearly: subsections (a)(1), (2), and (3) are to be read similarly.

Price v. Region 4 Planning and Development Council

District Court, S.D. West Virginia · Apr 25, 2019

The bylaws of Region 4 provide that the Executive Committee “shall select and appoint a qualified person to serve as the Executive Director of the Council” and that the “appointment … Further, Tuggle’s position of Executive Director was clearly one of de jure existence, as it was established in accordance with both W. Va.

Molineaux v. Ames

District Court, S.D. West Virginia · Sep 1, 2022

established Federal law. … felony to establish a foundation for felony murder, any errors do not materially impact the verdict.