Case law

Houston v. McCluney

8 W. Va. 135 · West Virginia Supreme Court · Jul 20, 1874

I think the principles that usually inspire the action of the court apply more clearly to this than to many other eases in which their application is not doubted. … The plaintiff must establish both of these facts, and the defendants may controvert them.

Smith v. Penn Line Service, Inc.

145 W. Va. 1 · West Virginia Supreme Court · Jan 19, 1960

The Court concludes *29 that these two sections qualify the meaning of 170-15-15, to the extent that if visibility is reduced by fog, or snow, or rain, or other adverse atmospheric conditions, to the point where lights of … That evidence establishes also that such negligence was a proximate cause of the injury to the plaintiff. No further reference need be made to that phase of the case.

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

558 B.R. 758 · United States Bankruptcy Court, S.D. West Virginia · Sep 26, 2016

The complaint need not “forecast evidence sufficient to prove the elements of [a] claim,” but it must “allege sufficient facts to establish those elements.” Wright v. N. … Conn. 1983), noting also that the cited decision observed under such circumstances “the automatic stay would clearly not extend to such non debt- or.”).

Fairmont Tool, Inc. v. Adam J. Davis, Individually and on Behalf of Others Similarly Situated

West Virginia Supreme Court · Nov 22, 2021

Moreover, a clearly defined list of errors permits this Court to focus with clarity on the legal questions the petitioner alleges affected the lower tribunal’s decision. … To qualify as a “valid” or “authorized” assignment of wages, the versions of West Virginia Code § 21-5-3(e) (2008 and 2015) in effect during the period covered by this lawsuit imposed the following conditions upon assignments

Williams v. Precision Coil, Inc.

194 W. Va. 52 · West Virginia Supreme Court · Mar 24, 1995

In this ease, the handbook passage quoted above fails to provide the clear, conspicuous, and understandable language to qualify as a valid disclaimer. … a party has given clear answers to unambiguous questions during a deposition or in answers to interrogatories, he does not create a trialworthy issue and defeat a motion for summary judgment by filing an affidavit that clearly

Barbara Stine Trivett, Administratrix of the Estate of Jasper Trivett v. Summers County Commission d/b/a Summers County Office of Emergency Management and Carmen Cales

West Virginia Supreme Court · Nov 8, 2023

Clearly, none these reasons are applicable when the minor dies. Id. at 430 (citation omitted). … Clearly, none of these reasons are applicable when the minor dies. In fact, death usually terminates a legal disability. . . .

Penkoski v. Justice

District Court, N.D. West Virginia · Nov 9, 2018

Courts will uphold those portions of a recommendation to which no objection has been made unless they are “clearly erroneous.” See Diamond v. Colonial Life & Accident Ins. … Accordingly, the Plaintiffs fail to qualify for taxpayer standing under the Establishment Clause. C.

Smith v. Mitchell

69 W. Va. 481 · West Virginia Supreme Court · Jun 16, 1911

“The established rules of construction applicable to-statutes also apply to the construction of constitutions.” 8 Cyc. 729. … To hold both houses to this settled construction of the reconsideration rule is the mere application of indisputably established principles.

Naylor v. Astrue

693 F. Supp. 2d 544 · District Court, S.D. West Virginia · Mar 3, 2010

ATTY: — and I don’t believe that, that qualified. ALJ: And how would you interpret it to have been done better? Function by function, what do you mean by that? … The record clearly shows that the ALJ was present and participating in the re-examination of the vocational expert. (Tr. at 696-701.)

State v. Bennett

183 W. Va. 570 · West Virginia Supreme Court · Jul 25, 1990

an expert witness upon cross-examination or relied upon by him in direct examination, state *575 ments contained in public treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established … Thus, we have determined from our review of the record in this matter, that the evidence was clearly introduced by the appellant and was therefore invited error from which the appellant is precluded from taking advantage

State v. Tommy Y., Jr.

219 W. Va. 530 · West Virginia Supreme Court · Oct 27, 2006

Judge: Ok, I assume the jury is qualified. And how long does [sic] the parties need to strike the jury? … The last response of the trial court clearly reveals that no objection for cause was made. “The proper time to make a challenge for cause is before the jur[y] is sworn to try the issue.”

Dewhurst v. Century Aluminum Co.

731 F. Supp. 2d 506 · District Court, S.D. West Virginia · Jun 24, 2010

In order to obtain a preliminary injunction, the movant must clearly establish four things: “ ‘[1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary … The actual nature of coverage termination for spouses, who qualify as dependents, is left unexplained by counsel.

Tovar v. Persily

District Court, S.D. West Virginia · Aug 1, 2024

In pertinent part, the complaint further claims that: [T]he circuit courts of the State of West Virginia are enforcing this law, which clearly is denying the Plaintiff equal protection of the laws, as well as depriving … I agree that Plaintiff has not established the required elements of standing for her claims against the DHS Defendants.

State Ex Rel. Daniel v. Legursky

195 W. Va. 314 · West Virginia Supreme Court · Nov 17, 1995

In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … To establish a violation under Cronic, a petitioner must demonstrate that he or she suffered the equivalent of a complete absence of counsel.

Sturm v. Board of Educ. of Kanawha County

223 W. Va. 277 · West Virginia Supreme Court · Dec 2, 2008

Accordingly, States seeking to qualify for federal funds must develop policies assuring all disabled children the “right to a free appropriate public education,” and must file with the Secretary of Education formal plans … Certainly, while it may be argued that the portion of the complaint concerning the alleged violation of Ronnie Lee S.’s right to an education was precluded by the Act, the gravamen of the action clearly falls beyond the general

Fisher v. Baltimore Life Insurance Co.

235 F.R.D. 617 · District Court, N.D. West Virginia · Mar 31, 2006

so much of it as is true and qualify or deny the remainder ... … An admission of a matter involving the application of law to fact may ... even more clearly narrow the issues.”). 11. Requests for Admission—Scope.

Mohammed Ashraf, M.D. v. State Auto Property and Casualty Insurance

239 W. Va. 119 · West Virginia Supreme Court · Apr 26, 2017

The loss at issue was a fire and that qualifies as a covered cause of loss. … The reduction was clearly operable here where the building was vacant for almost six years prior to the October 29, 2012, fire. See Nathan v. Saint Paul Mut. Ins.

Air Evac EMS, Inc. v. Dodrill

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

Code § 5-16-8a were each preempted by the ADA because they established and limited the price of Air Evac’s services. (ECF No. 27.) … consumers” as this provision is clearly “related to” and has a “connection with” the price that air ambulance providers charge for their services.

State v. Sheppard

172 W. Va. 656 · West Virginia Supreme Court · Nov 10, 1983

Rather, the right of self-representation is a qualified right and its exercise is subject to reasonable restrictions designed to further two important considerations: protection of other fundamental rights guaranteed the … himself have the skill and experience of a lawyer in order competently and intelligently to choose self-representation, he should be made aware of the dangers and disadvantages of self-representation, so that the record will establish

Duncil v. Kaufman

183 W. Va. 175 · West Virginia Supreme Court · Jun 12, 1990

The reason for this rule qualifying the right to withdraw a previously tendered guilty plea is stated in United States v. Barker, 514 F.2d at 221, quoting Brady v. … First, the judge was clearly informed that there was a prior invalid conviction. Second, there is no showing that he enhanced the defendant’s sentence because of the void conviction.