Case law

Brizuela v. USP Hazelton

District Court, N.D. West Virginia · Sep 20, 2022

He alleges some violation(s) of civil rights, although it is unclear which authorities establish the civil rights which he claims were violated. … fees and costs, the court is obliged to screen the case to determine if the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune

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.

Liberty Mutual Insurance v. Patrick Morrisey, Attorney General

236 W. Va. 615 · West Virginia Supreme Court · Jun 11, 2014

The State asserts that the use of the qualifying language makes the statute ambiguous because salvage/recycle OEM crash parts do not maintain the manufacturer’s warranty. … It is the duty of the legislature to consider facts, establish policy, and embody that policy in legislation.

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[.]”

Larry C. v. Donnie Ames, Superintendent

West Virginia Supreme Court · Feb 22, 2019

To counter this evidence, petitioner presented the testimony of a qualified clinical psychologist, who testified that the victims’ stories were identical and seemed rehearsed. … In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

Halstead v. Res-Care, Inc.

District Court, S.D. West Virginia · Apr 24, 2019

Based on the evidence presented, the Court disagrees with Defendant, and finds that Plaintiff clearly has stated a prima facia case of both sex and age discrimination. … facia case could not be established by showing replacement by a “substantially” younger employee.

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.

Leonard v. Smith

34 W. Va. 442 · West Virginia Supreme Court · Dec 12, 1890

Her grand-father, Ebenezer Leonard, qualified as administrator of her father, and as her guardian. On November 6,1879, at the age of nineteen, she married the defendant Eloyd G. Smith. … These things are proved not simply by husband and wife, or by the husband’s mother and brother, but the evidence of Courtney, Hess, and Phillipps, tends to establish the same fact.

Mission Coal Wind Down Co., LLC v. National Union Fire Insurance Company of Pittsburgh, PA

District Court, S.D. West Virginia · Feb 8, 2021

The complaint clearly states that the sought-after defense costs are for coverage owed to Pinnacle under the policies. … “The duty of defense is much broader than the duty of indemnification and can be invoked even though no liability is ultimately established.” Pilkington, 861 N.E.2d at 128.

Air Evac EMS, Inc. v. Cheatham

District Court, S.D. West Virginia · Oct 20, 2017

PEIA and the Office of the Insurance Commissioner (“OIC”), which is responsible for establishing and overseeing payments for healthcare services provided on behalf of workers’ compensation claimants, have also established … Clearly, Air Evac’s inability to recover its full billed charged is an injury inflicted by the State.

Dower v. Church

21 W. Va. 23 · West Virginia Supreme Court · Dec 2, 1882

These views, may be perhaps regarded as to some extent, qualified by the decision in Connolly v. … This is clearly not so.

West Virginia Mutual Insurance Company v. Steven R. Matulis, M.D.

Intermediate Court of Appeals of West Virginia · Dec 12, 2024

The complaint contains four counts, one of which clearly alleges negligence on the part of Matulis. … Thus, he would not qualify for coverage when his counsel notified Mutual on March 20, 2017, if that were the first notice received by Mutual.

Patrick Dewire Hottinger

United States Bankruptcy Court, N.D. West Virginia · May 3, 2023

A professional’s asserted travel time, however, may qualify as productive. … If, for example, “the professional establishes that he or she utilized that time productively by preparing for a meeting or court proceeding in the case, [then] compensation may be awarded at a higher percentage.”

Bragg v. Sweeney

District Court, S.D. West Virginia · Mar 13, 2018

He has the burden of establishing each of the requirements for such certification. , 445 F.3d 311, 321 (4th Cir. 2006). … In , the Fourth Circuit stated, “we consider the competence of a layman representing himself to be clearly too limited to allow him to risk the rights of others.” 509 F.2d at 1407.

Woodruff v. Board of Trustees of Cabell Huntington Hospital

173 W. Va. 604 · West Virginia Supreme Court · Jul 11, 1984

The petitioners’ group distribution of leaflets was not clearly in violation of the terms of the collective bargaining agreement. … It qualifies as a political subdivision exempt from application of the LMRA and the primary jurisdiction of the National Labor Relations Board. See City of Fairmont v.

Patrick Dewire Hottinger

United States Bankruptcy Court, N.D. West Virginia · Jul 20, 2023

A professional’s asserted travel time, however, may qualify as productive. … The authority established in Merry-Go-Round does not compel the court to reconsider its reduction under § 330 in compensation for travel.

State of West Virginia v. Joe Roger Lane

241 W. Va. 532 · West Virginia Supreme Court · Apr 3, 2019

using drugs at the time she made the purchases and had been clean since she lost her *661 youngest son. 6 The jury also heard from Tara Hayslip, a forensic analyst with the West Virginia State Police Laboratory, who was qualified … Given the jury's decision to convict the petitioner following its deliberations, the jury clearly found the confidential informant to be a credible witness.

Cox v. Lightning Contract Services, Inc.

District Court, S.D. West Virginia · Jan 31, 2022

Those white counterparts were neither more qualified nor more experienced than him. They differed in skin color alone. An additional award of $400,000 is appropriate by a preponderance of the evidence. B. … Cox has clearly showed that Lightning and Mr.

Dotson v. Niche Polymer LLC

District Court, S.D. West Virginia · Jun 24, 2022

Once the moving party has met its burden, the burden shifts to the nonmoving party to “make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear … Clearly there are conflicting stories between the parties as to what Dotson was specifically assigned to do on the date of his injury.

State v. Farris

221 W. Va. 676 · West Virginia Supreme Court · Dec 20, 2007

We conclude that the trial court's findings with which we agree constitute a sufficient basis for this Court to hold that this evidence is sufficient to qualify as favorable evidence which "could reasonably be taken to put … Before this Court should jump to the conclusion that a trial court got it wrong, we should ensure that the record actually establishes that the trial court did get it wrong. Here, that is not the case.