Case law

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.

Strong v. Postmaster General U.S. Postal Service

District Court, N.D. West Virginia · Jul 17, 2018

Courts will uphold portions of a R&R to which no objection has been made unless they are “clearly erroneous.” See Diamond v. Colonial Life & Accident Ins. … Therefore, to establish a claim for IIED/outrage, a plaintiff must establish: (1) that the defendant's conduct was atrocious, intolerable, and so extreme and outrageous as

Shanklin v. Allis-Chalmers Manufacturing Company

254 F. Supp. 223 · District Court, S.D. West Virginia · May 20, 1966

Quite clearly then the reverse bar would not be used when the feed rolls were rotating freely. … where recovery is sought for negligence in tort, the authorities are virtually unanimous in concluding that the doctrine of privity of contract is no longer acceptable, insofar as that doctrine, of its own force, would immunize

Community Antenna Service, Inc. v. Public Service Commission

219 W. Va. 425 · West Virginia Supreme Court · Jun 30, 2006

In addition to establishing a national policy concerning cable communications, Congress expressed several other purposes in enacting cable-service legislation, 12 including the establishment of guidelines for the exercise … W.Va.Code § 24D-1-13 (1999). 15 In establishing this delegation of power to the PSC, the Legislature found that [I]t is in the public interest ... to establish just, reasonable and nondiscriminatory rates and charges for

Adventure Communications, Inc. v. Kentucky Registry of Election Finance

24 F. Supp. 2d 632 · District Court, S.D. West Virginia · Nov 4, 1998

See Kreimer, supra, at 922 (citing the Privileges and Immunities Clause and the Extradition Clause). The conduct sought to be regulated by the Kentucky statute is undoubtedly extraterritorial conduct. … maintained in the station’s political file. 7 The broadcaster must fulfill this request within seven days, provided that the Kentucky Registry pays the broadcaster the reasonable cost of reproducing the requested material. 8 Clearly

Rohrbaugh v. State

216 W. Va. 298 · West Virginia Supreme Court · Dec 23, 2004

Rohrbaugh presented evidence to establish that he is "competent and capable of exercising the responsibility concomitant with the possession of a firearm." W. Va.Code § 61-7-7(c). … 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.

State v. Berry

227 W. Va. 221 · West Virginia Supreme Court · Jan 20, 2011

Berry timely disclosed the social anxiety evidence and been prepared to use a qualified expert, the evidence presumptively could have been admitted during a unitary proceeding. 19 . Mr. … We wish to make clear that, in our review of the evidence, we find that it was sufficient to establish both murder theories.

Siberius v. American Military University & American Public University Systems

District Court, S.D. West Virginia · Sep 13, 2019

Middle District of North Carolina found that the teacher trainee was not an employee required to be compensated under the FLSA because “the benefits to [the trainee] derived from the teacher training program clearly … custom, or usage, of any State . . . 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

West Virginia Division of Highways v. Rodney Gauvin

Intermediate Court of Appeals of West Virginia · Jun 2, 2026

Gauvin established that he was entitled to a 14% PPD award. WVDOH now appeals the Board’s order. … Instead, WVDOH argues that the Board was clearly wrong for not adopting Dr. Martin’s report. The Board did not commit error when it found that Dr.

Fairmont General Hospital, Inc. v. United Hospital Center, Inc.

218 W. Va. 360 · West Virginia Supreme Court · Nov 29, 2005

Such necessity may only be proven by establishing one or more the following: 1. … An ICU or CCU shall be staffed with qualified personnel under the direction of one or more appropriately trained on-site physicians.

Harrison v. UnitedHealth Group

District Court, S.D. West Virginia · Mar 28, 2018

Harrison participated in an employee welfare benefit plan (“the Plan”) established by UHG. Administrative Record at * 00793 (hereinafter “AR ___”). … Here, the policy contains an “allocation of authority” provision, which clearly grants Standard discretion to determine if a Plan participant is eligible for benefits. (AR 00033–34.)

Rymer v. South Penn Oil Co.

54 W. Va. 530 · West Virginia Supreme Court · Feb 2, 1904

Therefore a parol agreement, being a part of the consideration for the sale, restricting the use of the premises in one particular for a limited period is not merged in the deed, and does not qualify or in any way affect … It does not appear from the opinion clearly *543 ■whether the wells were drilled before or after the devisees took possession of their respective farms under the will.

Milhollen v. Rice

13 W. Va. 510 · West Virginia Supreme Court · Jul 6, 1878

No meaning can be given them unless they are regarded as qualifying her absolute power of disposal. … Milhollen’s will, what I conceive to be established rules for construing wills.

Bloom v. Library Corp.

112 F. Supp. 3d 498 · District Court, N.D. West Virginia · Jun 30, 2015

had been properly joined and served' before Murphy removed the case, the Court would lack jurisdiction over this civil action, as TLC is a citizen of West Virginia for purposes of federal jurisdiction arid would therefore qualify … One such exception applies when “literal application of the statutory language at issue produces an outcome that is demonstrably at odds with clearly expressed congressional intent to the contrary.” Id.

Scott v. Commissioner of Social Security

District Court, N.D. West Virginia · Aug 20, 2019

Specifically, the Commissioner contends that the ALJ complied with the order by: (1) evaluating all of the new and existing medical opinion evidence and using it to establish the RFC; (2) finding … asserts that the ALJ adequately informed the plaintiff of her right to counsel, notifying her that she could postpone certain hearings in order to retain an attorney, and stating that she may qualify

Cox v. Wilson

District Court, N.D. West Virginia · Sep 18, 2017

More specifically, Petitioner avers that his Connecticut drug conviction does not “categorically” qualify as a felony offense. ECF No. 1-1. … 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.

SER T.K. v. Honorable Lora A. Dyer, Judge, West Virginia DHHR, and T.C.

West Virginia Supreme Court · May 26, 2020

The circuit court directed that upon the child’s release from Highland Hospital, 18 the DHHR was to “cause T.K. to be examined by a qualified child psychologist or psychiatrist to 17 On the remaining allegation … desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly

Lynch v. REM Community Options, LLC

District Court, S.D. West Virginia · Mar 1, 2018

Va. 378 (1996)) (“The burden is on the plaintiff to establish the existence of a substantial public policy.”). … “[T]he policy principle [must] be clearly recognize[able],” id., and courts “must exercise restraint” when ascertaining whether stated public policy is substantial, Yoho v.

Blankenship v. Fox News Network, LLC

District Court, S.D. West Virginia · Dec 8, 2020

Accordingly, high-ranking government officials “are generally entitled to limited immunity from being deposed concerning matters about which they have no unique personal knowledge.” Hankins v. … If objections are filed, the District Court will consider the objections and modify or set aside any portion of the Order found clearly to be erroneous or contrary to law.

State v. Greer

22 W. Va. 800 · West Virginia Supreme Court · Oct 27, 1883

that he possessed that moral perception, that sense of justice, that integrity of character, which would qualify him to pass upon the life of a fellow-citizen? … Has it been clearly shown by the affidavits that no injury resulted to the prisoner? I think not.