Case law

State v. Payne

225 W. Va. 602 · West Virginia Supreme Court · May 6, 2010

In establishing this sentence, the trial court considered arguments of counsel, defense witness testimony, the Appellant’s psychological examination, and the pre-sentence report. … This Court has also clearly enunciated that it will review sentencing orders under a “deferential abuse of discretion standard.” State v. Lucas, 201 W.Va. 271, 276 , 496 S.E.2d 221, 226 (1997).

State Ex Rel. Allen v. Bedell

193 W. Va. 32 · West Virginia Supreme Court · Jan 6, 1995

We have no statutory scheme establishing a physician/patient privilege, nor has this Court judicially recognized such a privilege. … Whether the circuit court's order is clearly erroneous as a matter of law; [2] 4.

Anderson v. United States

District Court, S.D. West Virginia · Oct 8, 2024

Defendant’s § 2255 motion is clearly untimely under § 2255(f)(1). … categorical approach, the court must look to the “least culpable” or “most innocent” conduct required to violate the statute, and that the least culpable conduct required under § 1512(a)(2)(C) does not categorically qualify

Lawyer Disciplinary Board v. Artimez

208 W. Va. 288 · West Virginia Supreme Court · Oct 27, 2000

In disciplinary proceedings, this Court, rather than endeavoring to establish a uniform system of disciplinary action, will consider the facts and circumstances in each ease, including mitigating facts and circumstances, … Gellner still qualified as an independent representative in that he was not the attorney with whom Mr. Crook was directly contracting.

Chapman v. Huntington, West Virginia, Housing Authority

121 W. Va. 319 · West Virginia Supreme Court · Jun 13, 1939

In fact, it is not subject to attack unless clearly wrong. 11 Am. Jur. 823 , notes 20, 1. … We see nothing in the amended bill which clearly raises any issue of fact.

Bobbitt v. Entzel

District Court, N.D. West Virginia · May 7, 2020

Considering Davis, the petitioner’s conviction under § 924(c) is valid only if his underlying conviction for bank robbery in violation of 18 U.S.C. §§ 2113(a), (d) and (e) qualifies under the elements clause of § 924(c)(3 … Clearly it does. Under Fourth Circuit precedent, armed bank robbery convictions constitute a “crime of violence” under § 924(c)(3)(A). See United States v.

Jeremiah L. Jones v. Town of Lumberport, West Virginia, a political subdivision of West Virginia

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

It is the duty of the Legislature to consider facts, establish policy, and embody that policy in legislation. … The denial of these rights to properly qualified persons by reason of …sex,… is contrary to the principles of freedom and equality of opportunity and is destructive to a free and democratic society.

Tucker v. Astrue

897 F. Supp. 2d 448 · District Court, S.D. West Virginia · Sep 27, 2012

The Social Security Regulations establish a five step sequential evaluation process for the adjudication of disability claims. … Klinestiver’s opinion was not based on a complete understanding of Claimant’s medical condition and evaluations, separating the records that were clearly in Dr.

Biser v. Manufacturers & Traders Trust Co.

211 F. Supp. 3d 845 · District Court, S.D. West Virginia · Sep 29, 2016

Biser’s credit score was too low to qualify. Ms. Biser’s credit report includes her payment history with M&T Bank. M&T Bank reported her payments as “ok” or on time for some months, and 30 days late for others. … Code § 46A-2-128(e), because the undisputed facts establish that M&T Bank continued to call them directly after being informed that they were represented by counsel.

Conner v. Associated Radiologists, Inc.

District Court, S.D. West Virginia · Feb 14, 2020

As an initial matter, it is well-settled that “an employer’s decision whether to terminate an ERISA plan is a settlor function immune from ERISA’s fiduciary obligations.” … Quite clearly, this allegation relates to the DB Plan and is subject to ERISA’s preemption clause.

Morton v. Godfrey L. Cabot, Inc.

134 W. Va. 55 · West Virginia Supreme Court · Jun 14, 1949

No authority is cited in support of the legal effect of the situation described in the foregoing statements or to sustain the clearly erroneous conclusion that because this action was instituted to recover both principal … The passage in question, quoted in point 2 of the syllabus, has been qualified and virtually repudiated by the same court which pronounced it, in a later decision of that court.

Wilson v. Wilson

227 W. Va. 157 · West Virginia Supreme Court · Nov 30, 2010

Under the Management Agreement, Hunter’s duties are to identify property that would qualify for development, and complete due diligence and feasibility studies to determine if NLP should purchase the property. … Wilson argues that Hunter clearly possesses enterprise goodwill.

West Virginia Highlands Conservancy v. Lexington Coal Company, LLC

District Court, S.D. West Virginia · May 18, 2022

The court can find a party in civil contempt without holding a hearing when documentary evidence is sufficient to establish contemptuous conduct. … The December 13, 2021, Order was also clearly in Plaintiffs’ favor, as this decree granted Plaintiffs’ motion for injunctive relief.

Roe v. Jenkins

District Court, N.D. West Virginia · Mar 17, 2021

Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins. … A family court of West Virginia is the entity authorized to “establish, enforce or modify a child custody determination.” W. Va. Code § 48-20-102(f).

Ruffner, Donnally & Co. v. Hewitt, Kercheval & Co.

7 W. Va. 585 · West Virginia Supreme Court · Jul 15, 1874

This matter does not appear to have been clearly agreed on at the time of the contract. … Besides, I think the evidence clearly establishes that these three-thousand one hundred and eighteen barrels of salt were not forwarded from place of storage contrary to instructions.

State of West Virginia v. Chad M. Eldredge

West Virginia Supreme Court · May 22, 2025

Importantly, however, in these cases it is the fact that a witness has pending criminal charges that establishes the bias, as opposed to the underlying conduct. … R.E. staunchly and clearly refuted this testimony, claiming to have given the vibrators to G.Y. herself to address G.Y.’s sexual curiosity.

Orgill, Inc. v. Distribution Centers of America (WV), LLC

District Court, N.D. West Virginia · Nov 16, 2017

Analysis Pursuant to the well-established principles of contract law, the Court must first determine whether the contract provision at issue is ambiguous. … While DW argues that the qualifier does not apply to management fees, the qualifier is very broad.

First Financial Insurance v. Crossroads Lounge, Inc.

140 F. Supp. 2d 686 · District Court, S.D. West Virginia · May 21, 2001

As was well established by Erie and its progeny, state law ordinarily provides the rule of decision in pure diversity cases. … In this case, for example, the state complaint clearly alleges assault.

The Courtland Company, Inc. v. Union Carbide Corporation (Courtland II)

District Court, S.D. West Virginia · Apr 29, 2022

“Neither Rule 702 nor case law establish a mechanistic test for determining the reliability of an expert's proffered testimony.” Id. … In fact in my 1st deposition I clearly state that sampling was done as part of a site recon (pg 443).

Mountain Valley Pipeline, LLC v. Wender

District Court, S.D. West Virginia · Aug 29, 2018

In making this determination, a court “should not seek out conflicts . . . where none clearly exist[].” College Loan Corp. v. … ), -5(a)(9) (political subdivision immune from liability for exercise of licensing powers) (LexisNexis 2018).