Case law

United States v. Mallory

District Court, S.D. West Virginia · Mar 6, 2019

Establishment of a New Drug Code for Marihuana Extract, 81 FR 90194-01 (Dec. 14, 2016). … These facts are clearly distinguishable from the facts at issue in this case.

State of West Virginia v. Richard P.

West Virginia Supreme Court · Nov 21, 2014

O.C.’s counselor, Megan Mynes, who was qualified as an expert in the area of childhood sexual abuse, testified that O.C’s behavior was consistent with having been sexually abused. On cross-examination of Ms. … Given O.C.’s relatively young age of thirteen, the circuit court instructed the State to do its best to establish time frames.

In re K.S., B.M., and O.S.

West Virginia Supreme Court · Apr 26, 2022

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.’ Syl. … However, he plainly qualifies as a “respondent” in this matter pursuant to West Virginia Code § 49-1-201 (2018) which defines respondents as including “all parents, guardians, and custodians identified in the child abuse

Lancaster v. Todd

District Court, N.D. West Virginia · Aug 21, 2017

from liability because he is a Public Health Service employee and must be dismissed from this action [id. at 9]; 4) the remaining Defendants are entitled to qualified immunity [id. at 10]; 5) Plaintiff … In yet another document, Plaintiff again repeats his claims and arguments opposing dismissal of his complaint for failure to exhaust, Defendants’ qualified immunity, and Defendant Meyer’s particular immunity as a Public

Javins v. Westfield Insurance Company

District Court, S.D. West Virginia · May 28, 2021

“[I]n resolving the question of whether matters are immune from discovery because of a work product rule, attention must be turned first to whether the documents or tangible things were 4 … However, the Defendant submitted documentation to this Court establishing that, on or prior to May 28, 2019, the Defendant had information suggesting that Mr. Javins intentionally set the fire.

Raab v. Smith & Nephew, Inc.

150 F. Supp. 3d 671 · District Court, S.D. West Virginia · Dec 15, 2015

Express preemption, on the other hand, “arises ‘when Congress has clearly expressed an intention’ to preempt state law,” Smith v. … Medtronic, Inc., 421 F.3d 482, 489 (7th Cir.2005))); Bausch, 630 F.3d at 553 (“Section 360k provides immunity for manufacturers of new Class III medical devices to the extent that they comply with federal law, but it does

McGraw v. Caperton

191 W. Va. 528 · West Virginia Supreme Court · Jul 21, 1994

During the first phase of RFP evaluation, multiple proposals were considered and the pool of qualified, responsible bidders was narrowed to three — Jostens, Tandy Corporation, and IBM. … Although technically outside the one fiscal year requirement, we do not hold that the whole contract violates the statute, as the intent was clearly that it be paid within one year.

Peck v. List

23 W. Va. 338 · West Virginia Supreme Court · Dec 20, 1883

L, said: “I am clearly of opinion this sale is void in point of law. … The evidence shows clearly, that this position is not sustained by the facts.

State of West Virginia v. Keith D.

West Virginia Supreme Court · Apr 9, 2015

The court addressed the matter as follows: Because habitual offender maximums clearly constitute the “maximum possible penalty provided by law”. . . the plain language of … Hairston, 522 F.3d 336, 341 (4th Cir. 2008) (concluding that the district court erred by failing to inform the defendant before accepting his plea that he would face an enhanced statutory minimum sentence if he had qualifying

State Ex Rel. Gordon Memorial Hospital, Inc. v. West Virginia State Board of Examiners for Registered Nurses

136 W. Va. 88 · West Virginia Supreme Court · Jun 19, 1951

It shall examine, license and renew the license of duly qualified applicants.” … Such instruction and experience may be secured in one or more institutions approved by the board; (2) it is prepared to meet other standards established by this law and by the board.

Grim v. Eastern Electric, LLC

234 W. Va. 557 · West Virginia Supreme Court · Nov 3, 2014

based on the finding that the PWA was petitioners’ exclusive remedy, and that damages an employee can recover under the PWA do not constitute wages within the meaning of the WPCA. 24 Petitioners assert the circuit court clearly … To qualify under the PWA, however, the contract must not only involve a "public improvement” but also must involve the "construction of” a public improvement. W.Va.Code § 21-5A-2.

Heatherly v. Boston Scientific Corporation

District Court, S.D. West Virginia · Aug 9, 2018

This “industry standard” clearly describes the FDA 510(k) process, which Dr. Brauer admits in her deposition. There is far too much overlap between Dr. … He is also the Task Force Chairman for the American Society for Testing and Materials (“ASTM”), which establishes standards involving the cleanliness of biomedical devices and characterization methods for

Watley v. Kowcheck

District Court, N.D. West Virginia · Dec 3, 2024

prisoners and must dismiss a case at any time if the court determines that the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune … The Court also discussed the well-established two-step inquiry which courts are to use for determining whether a Bivens claim may proceed: First, we ask whether the case presents “a new Bivens context” - i.e.

Jeremiah Goodwin v. City of Shepherdstown

West Virginia Supreme Court · Mar 15, 2019

App’x 32, 40 (2d Cir. 2014) (stating whether particular dismissal qualifies as final, favorable termination requires consideration of particular circumstances presented). … Olney, the officers failed to disclose this clearly exculpatory evidence 4 and intentionally suppressed this alibi witness. Mr.

Maupin v. Insurance Co.

53 W. Va. 557 · West Virginia Supreme Court · Jun 6, 1903

This deliberate and solemn assertion found in the syllabus of that case is not cut down nor qualified to any extent whatever in the opinion of the Court delivered by Judge Holt. … Such conduct clearly estops the defendant from making such a defense now.”

Robert J.M. v. David Ballard, Warden

West Virginia Supreme Court · Jun 17, 2016

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … Furthermore, [i]n the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

State v. Williams

172 W. Va. 295 · West Virginia Supreme Court · Jun 27, 1983

The well-established standard which guides our review of the sufficiency of evidence in a criminal trial was stated in Syllabus Point 1 of State v. … While the evidence upon which the verdict was based was largely circumstantial, it was substantial and, we believe, clearly sufficient to justify the jury’s verdict.

Calwell v. Caperton's Adm'rs

27 W. Va. 397 · West Virginia Supreme Court · Feb 6, 1886

It is insisted in argument by the counsel for the appellee “ that an indorsement upon a bond, placed there by the obligee, qualifying the same, however slightly, in favor of the obligee, is tobe considered as incorporated … None ot these cases present, nor do any of them refer to any case which present the proposition sought to be established by the counsel for the ap-pellee, that an obligee entering by mistake a credit upon a bond without the

State v. Daggett

167 W. Va. 411 · West Virginia Supreme Court · Jul 13, 1981

Heinlein’s earlier testimony at the pre-trial hearing was clearly inconsistent, and the appellant should have been allowed to attempt to impeach the psychiatrist. … “An offense qualifies as a lesser included offense only if the elements of the included offense are fewer in number than the elements of the greater offense, and if the greater offense cannot be committed without also committing

Kerr v. McKay

District Court, S.D. West Virginia · Dec 29, 2020

Specifically, as relevant to that the Department of Health and Human Resources is entitled to state sovereign immunity on Kerr’s defamation claim inasmuch as the plaintiff seeks $3 million … Kerr clearly has some interest in receiving a paycheck from the two weeks she was suspended as well as in a work record free of suspensions.