Case law

Gray Media Group, Inc., d/b/a WSAZ v. West Virginia Department of Health and Human Resources

Intermediate Court of Appeals of West Virginia · May 23, 2024

In order to qualify as an “internal memorandum” a document must be both predecisional and deliberative. Syl. Pt. 5, Highland Min. Co. v. WVU Sch. Of Med., 235 W. … Code § 29B-1-4(a) (establishing “a presumption of public accessibility to all public records”).

In re Petition for Reinstatement of Edward Raymond Kohout

West Virginia Supreme Court · Jun 10, 2025

Kohout was not fit to resume the practice of law, but qualified his statement by acknowledging that he is unfamiliar with “that regulatory landscape.” Linda Cummins explained that Mr. … His burden to establish rehabilitation is a heavy one because his prior misconduct was serious, and he has a long- established pattern of intentional deceit and dishonesty to courts and his clients.

United States v. Shrader

737 F. Supp. 2d 589 · District Court, S.D. West Virginia · Aug 16, 2010

Defendant takes issue with the United States’ assertion that Section 2261A(2) should be read to allow a unit of prosecution for each person who qualifies as a victim of the proscribed conduct. … The undersigned finds the Supreme Court’s decision in Ladner helpful as it establishes the analytical framework for deciding this matter but not dispositive as it concerned a completely different statute with a completely

State Ex Rel. Koontz v. Smith

134 W. Va. 876 · West Virginia Supreme Court · Dec 12, 1950

of County Commissioner of the County of Wayne, State of West Virginia for the term of six years beginning on January 1, 1939, and ending on January 1, 1945, and until his successor shall be duly elected or appointed and qualified … I agree with the proposition of law stated in Point 3 of the syllabus, and with the final conclusion of the majority, but believe that the declaration alleges facts which clearly establish that the sums sued for were received

Hayzlett v. McMillan

11 W. Va. 464 · West Virginia Supreme Court · Nov 1, 1877

Upon the whole case and upon principle and authority I am clearly of opinion that the appellant’s said first assignment of error •is not well taken; and it is overruled. … The Judges of the circuit court of this State are elected by the qualified voters of each circuit; and they are elected Judges of their respective circuits, and by virtue of their office as Judges of their respective circuits

DeVane v. Kennedy

205 W. Va. 519 · West Virginia Supreme Court · Mar 26, 1999

DeVane, the decedent’s widow and the sole beneficiary of his estate, to qualify as the real party in interest. Richardson v. Kennedy, 197 W.Va. 326 , 475 S.E.2d 418 (1996). … (establishing West Virginia Health Maintenance Organization Guaranty Association). 10 .

Patrick D. and Katherine F. Leggett v. EQT Production Co.

West Virginia Supreme Court · Nov 17, 2016

Va. 770, 777, 461 S.E.2d 516, 523 (1995) (“Where an act is clearly remedial in nature, we must construe the statute liberally so as to furnish and accomplish all the purposes intended.”) (citations omitted). … covenant to market recognized in Wellman and Tawney demand that the statutorily mandated one-eighth proportionate royalty paid to the lessor-owners of oil and gas interests, here the landowners, remain supremely constant, immune

McClaskey v. O'Brien

16 W. Va. 791 · West Virginia Supreme Court · Dec 20, 1879

In the absence of evidence clearly establishing that such was the intention of the parties at the time that question does not fairly arise here. … There are, however, some exceptions to this rule, but this case as to Lovmds is clearly not within the exceptions in the Hart case.

State v. Ashcraft

172 W. Va. 640 · West Virginia Supreme Court · Nov 10, 1983

Pendry, supra, clearly indicate that it is an abuse of discretion not to permit individual questioning when a juror reveals a relationship that suggests potential for bias or prejudice. … Our standard of review on appeal for the alleged erroneous admission or exclusion of evidence is well established: “The action of a trial court in admitting or excluding evidence in the exercise of its discretion will not

Young v. Act Fast Delivery of West Virginia, Inc.

District Court, S.D. West Virginia · Jan 3, 2018

Thus, “[w]hen a worker is economically dependent on a putative employer—or . . . his putative joint employers—he qualifies as an employee protected by the FLSA. … This amount of control exercised by Omnicare clearly amounts to the ability to direct and control the Plaintiffs.

State Ex Rel. Linger v. County Court of Upshur County

150 W. Va. 207 · West Virginia Supreme Court · Nov 9, 1965

It may be true that where the power of the court to appoint and qualify personal representatives is limited in its extent, an exercise of this power beyond the limitations conferred could be taken advantage of at any time … appoint her or her nominee as administrator of the estate, in the opinion said: “Miss Smith, while a devisee and legatee under the will, was not a dis-tributee; for the word ‘distributees’ as used in the sections quoted, clearly

In re E.B.

229 W. Va. 435 · West Virginia Supreme Court · Jun 21, 2012

In challenging an allocation of damages proposed by the parties, DHHR has the burden of proof to establish a proper allocation. … Given the fact that Brooke Tinsel was never qualified as an expert, and given the fact that no Ohio case law or statutory law was presented which mandated the use of Medicaid paid rates to calculate the future medical costs

Bailey v. Norfolk & Western Railway Co.

206 W. Va. 654 · West Virginia Supreme Court · Dec 17, 1999

In so doing, we merely *667 adopt the well-established approach used in other contexts. … Traditionally, the prospect of a second stint of grunt work deterred a significant percentage of qualified brakemen from accepting promotion to conductor, and in fact the majority of the Plaintiffs chose to forego promotion

Riley v. Gomez

District Court, N.D. West Virginia · Mar 18, 2022

Therein, the Respondent presented two arguments to support his request for dismissal: (1) the Petitioner cannot establish that the government’s failure to include the “knowledge of status” element from his underlying … McLellan, the Eleventh Circuit held that “where the record clearly demonstrates that it would be implausible for the defendant to not have been aware of his felony status, a Rehaif error does not affect his substantial

Ammirante v. Ohio County Board of Education

District Court, N.D. West Virginia · Oct 18, 2019

Lastly, defendants Miller and Jones state that they are immune from liability for all remaining causes of action since they are entitled to qualified immunity. … “Facial plausibility is established once the factual content of a complaint ‘allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.’”

Jane Doe v. Logan County Board of Education

West Virginia Supreme Court · Jun 4, 2019

accordance with compulsory education laws, the school, through its educators, assumes some of the duties owed by the parent to the child. . . . 3 The Tort Claims Act provides immunity … Clearly, these cumulative responsibilities and obligations, particularly when considered within the context of an in loco parentis relationship, establish a county board of education’s heightened responsibility to its students

Ward v. Colvin

District Court, S.D. West Virginia · Dec 30, 2024

The Social Security Regulations establish a five-step sequential evaluation process for the adjudication of disability claims. … To the extent that the ALJ did not elaborate further on the analysis of Claimant’s impairments in combination, the undersigned finds further elaboration was unnecessary because the required analysis clearly took place.

Baxley v. Marshall

District Court, S.D. West Virginia · Dec 21, 2020

To establish a prima facie case under this Title, the Fourth Circuit has held that a plaintiff must establish: (1) he or she has a disability; (2) he or she is “otherwise qualified to receive the benefits of a public service … As noted above, a plaintiff can establish a prima facie case under Title II of the ADA by showing (1) she has a disability; (2) she is “otherwise qualified to receive the benefits of a public service, program, or activity

Scottsdale Insurance Company v. Solwind Energy, LLC

District Court, S.D. West Virginia · Mar 14, 2023

There is no duty to defend if it appears clearly that the insurer would not be liable under its contract for any judgment based on the allegations against the insured. … Nor does the complaint establish that the purported waste was committed by one “rightfully in possession of land.” , 39 S.E. at 206.

Jane Doe-1 v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints

West Virginia Supreme Court · Jun 14, 2017

torts of assault and battery solely against Michael Jensen. 71 The Jensen parents object to the plaintiffs’ reference to their son Michael as a “sex offender,”arguing that Michael’s crimes in Utah did not qualify … Pritikin, Toward Coherence in Civil Conspiracy Law: A Proposal to Abolish the Agent’s Immunity Rule, 84 Neb. L. Rev. 1, at **9, 13 (2005). 73 at 269 (citations omitted).