Case law

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.

Eric Foster v. David Ballard, Warden

West Virginia Supreme Court · Nov 4, 2015

review of the circuit court’s final order denying habeas corpus relief is threefold: “We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly … In Miller, this Court adopted the two-pronged test established in Strickland: In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established

Findley v. Cunningham

53 W. Va. 1 · West Virginia Supreme Court · Mar 28, 1903

Cunningham died, leaving a will in which plaintiff was appointed executor and who was duly qualified as such executor; that said Jas. L. … Why clearly at the time the promise or acknowledgment was made.

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.

Brooks v. Galen of West Virginia, Inc.

220 W. Va. 699 · West Virginia Supreme Court · Apr 19, 2007

We have further explained: The rule in West Virginia is that parties must speak clearly in the circuit court, on pain that, if they forget their lines, they will likely be bound forever to hold their peace.... … applicable standard of care to which his or her expert opinion testimony is addressed; (d) such expert maintains a current license to practice medicine in one of the states of the United States; and (e) such expert is engaged or qualified

Brown v. Gates

15 W. Va. 131 · West Virginia Supreme Court · May 10, 1879

The 3d section provides, that “the mayor, recorder and eouncilmen, as soon as they have been elected and qualified, as hereinafter provided, shall be a body politic, by the name of ‘the city of Charleston’ and shall have … Clearly then the absolute immunity of a State from garnishment, direct or indirect, unless with its own consent expressed bylaw, must be considered-as completely established.

Matter of Troisi

202 W. Va. 390 · West Virginia Supreme Court · Jun 18, 1998

The record clearly shows that the respondent engaged in the conduct alleged in Count I of the formal charges. … We are confident, however, that this Court is qualified to determine both the propriety of lawyer discipline in cases of judicial misconduct as well as the nature of such discipline.

Reynolds v. Saad

District Court, N.D. West Virginia · Nov 2, 2017

dismiss the complaint, or any portion of the complaint, if the complaint-- (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune … Therefore, because Petitioner clearly attacks the validity of his conviction and sentence, and fails to establish that he meets the Jones requirements, Petitioner cannot demonstrate that § 2255 is an inadequate

Edward Jesse Dreyfuse, In re Application to Present Complaint to the Grand Jury

West Virginia Supreme Court · Apr 3, 2020

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. … 14  defenses asserted in good faith, they serve to deny the very access to the judicial system they would claim as justification for their immunity

Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc.

348 F. Supp. 2d 713 · District Court, N.D. West Virginia · Dec 23, 2004

Rather, the plaintiffs argue that, unlike the patentee in Apotex , they relied on unexpected results as the basis for establishing levofloxacin’s patent-ability over prior art ofloxacin, and thus *728 clearly disavowed a … Conclusion on Inequitable Conduct Mylan’s evidence fails clearly and convincingly to establish that Daiichi committed intentionally deceptive acts or omissions regarding material information during the prosecution of the

Romans v. Wayne County Commission

District Court, S.D. West Virginia · Sep 2, 2021

Clearly, Plaintiff was told she was entitled to leave when she took it. However, it is unknown to the Court whether Plaintiff would have reported to work even if Defendants had told her she was not eligible for FMLA. … To establish a claim of disability discrimination under the WVHRA, a “plaintiff must show that [s]he is a disabled person within the meaning of the law, that [s]he is qualified to perform the essential functions of the

State Ex Rel. Marockie v. Wagoner

190 W. Va. 467 · West Virginia Supreme Court · Dec 13, 1993

Under the amendment procedure, a majority of qualified voters voting on the issue must approve the issuance of the bonds.” … Its introductory language clearly compels this conclusion as it states “[njotwithstanding the provisions of section six of this article[.]”

State Ex Rel. Allman v. MacQueen

209 W. Va. 726 · West Virginia Supreme Court · Jul 6, 2001

We note further that Respondent is both experienced and uniquely qualified to conduct as many trials, be they single or all-issue, as Respondent is desirous of conducting and as time and circumstances permit. … trial of all or most parties; (5) cases involving common work sites; (6) cases involving common product exposure; (7) cases involving FELA; and (8) cases which, by reason of a particular fact or circumstances in the case, clearly

Dawson v. United States

11 F. Supp. 3d 647 · District Court, N.D. West Virginia · Mar 31, 2014

If Wade did lose a bodily organ system or suffer a qualifying deformity, what non-economic damages resulted from that loss or deformity. B. … That he suffered from COPD, with attendant hypoxia and cachexia exacerbated by the smoking habit he refused to give up, is clearly documented. (Trial Tr. 361:19-21, 354:6, 353:25; J. Ex. 22 at 4788). Dr.

In Re Fidelity Assur. Ass'n

42 F. Supp. 973 · District Court, S.D. West Virginia · Dec 24, 1941

Clearly, debtor was an investment company and not an insurance company prior to December 31, 1940. … Clearly they are assets of the debtor within the meaning of Section 128 of Chapter X. Was the petition filed in good faith?

Hutchinson Coal Co. v. Miller

20 F. Supp. 718 · District Court, N.D. West Virginia · Sep 2, 1937

Miller receiver of said bank, who qualified as such re *720 ceiver on November 14, A. … Hutchinson to set off this-note against a like portion of his deposit account should be clearly set forth in your reply to this letter.

State Ex Rel. Koppers v. INTERN. UNION, ETC.

298 S.E.2d 827 · West Virginia Supreme Court · Dec 14, 1982

Vocelka, supra 32 N.W.2d, at 278 : Without question the first part of the charge came clearly within the classification of a constructive criminal contempt, which could only be prosecuted in the name of the State and by information … The danger of vexatious litigation to which the majority alludes is qualified by the nature of the procedure involved. A judge must first determine that an injunction is required and enter an order granting such relief.

Edward Jesse Dreyfuse, In re Application to Present Complaint to the Grand Jury

West Virginia Supreme Court · Apr 3, 2020

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. … 14  defenses asserted in good faith, they serve to deny the very access to the judicial system they would claim as justification for their immunity

Raines v. Westfield Insurance Company

District Court, S.D. West Virginia · Jan 17, 2023

This reserve analysis and calculation qualifies as protected work product. … This reserve information was prepared on the day of mediation and qualifies as work product for the same reasons expressed above.

Jones v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Apr 5, 2022

Third, Defendant contends that an expert witness’s report does not qualify as an “other paper” contemplated by 28 U.S.C. § 1446(b)(1) that would be sufficient to put a party on notice of removability. … In other words, the removing party bears the burden of establishing that the notice of removal was timely. Dearien v. Union Carbide Corp., 530 F.Supp.3d 622, 628 (S.D. W. Va. 2021) (citing Tolley v.