Case law

State v. Rodoussakis

204 W. Va. 58 · West Virginia Supreme Court · Dec 10, 1998

Whitted, 232 N.J.Super. 384, 389 , 557 A.2d 327, 330 (N.J.Super.A.D.1989) (holding that New Jersey’s Comprehensive Drug Reform Act of 1986 “established a new first degree offense which would hold drug distributors strictly … Young quite correctly excluded the proffered testimony of the attorney regarding a leniency/immunity agreement. Because [the State’s witness] waived the privilege, the opposite result obtains here.

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).

Amy D. Hiltner v. Lowe's Home Centers, Inc.

West Virginia Supreme Court · Oct 18, 2022

The onset of disability was established to be September 1, 2015. An Independent Medical Evaluation report prepared by D. Kelly Agnew, M.D., dated January 9, 2019, noted that diffuse tenderness was found at Ms. … Agnew was found to be the most qualified of the medical examiners to make a determination of whole person impairment in the claim. Although Ms. Hiltner was seeking an award based upon Dr.

Wheeling Ice & Storage Co. v. Conner

61 W. Va. 111 · West Virginia Supreme Court · Dec 11, 1906

“The evidence clearly establishes the fact that these notes were endorsed by Conner with the name of the Wheeling Ice and Storage Company, without authority from the company. “ It w.as suggested that while the directors of … Conner, Secretary, and the indorsement would clearly indicate that the plaintiff company was an accommodation indorser. Savings Bank v. Shawnee Bank, 95 U.

Kentuckians for the Commonwealth, Inc. v. Rivenburgh

206 F. Supp. 2d 782 · District Court, S.D. West Virginia · Jun 17, 2002

May 8 Decision is Consistent with SMCRA Movants propose SMCRA “clearly envisions the placement of excess spoil fills in streams.” (U.S. Mem. for Stay at 9-10.) … The final configuration must be “compatible with the natural drainage pattern”, id. at (G), and its design approved by a qualified registered engineer. Id. at (H).

Davis Trust Co. v. Elkins

114 W. Va. 742 · West Virginia Supreme Court · Mar 27, 1934

Otherwise, he would not have deemed it prudent to establish the trust fund for his children as each were receiving a large fortune from his estate. … I desire that my Executors shall be permitted to qualify and act without giving any security.

Jefferson County Commission v. Tennant

876 F. Supp. 2d 682 · District Court, S.D. West Virginia · Jan 4, 2012

Senate Resolution No. 103, adopted at the outset of the special session, established the Select Committee on Redistricting (the “Committee”), comprised of the seventeen Task Force senators. … The Secretary thereafter transmits to the clerks of the fifty-five county commissions a certification that the candidate is qualified to appear on the ballot. See id. § 3-5-9.

State of West Virginia ex rel. v. Robin Miller, Superintendent

West Virginia Supreme Court · Oct 11, 2019

To succeed on such a claim, a petitioner must establish that: 1) his trial counsePs 12  ,. … Moreover, the Miller court held that there is a ''wide range" of performance which qualifies as constitutionally-adequate assistance of counsel, stating: -- - - - -·---A-defendmt--seeking t-O-

State of West Virginia v. Alexander Paul Delorenzo

West Virginia Supreme Court · Nov 18, 2022

Therefore, I would find that the circuit court abused its discretion and was clearly wrong 5 in excluding the expert’s testimony, and that the petitioner was thereby deprived of his right to a fair trial. … Va. 223, 224, 366 S.E.2d 731, 732 (1988) (“Qualified expert testimony regarding rape trauma syndrome is relevant and admissible in a prosecution for rape where the defense is consent.

Alexander v. Andrews

135 W. Va. 403 · West Virginia Supreme Court · Feb 20, 1951

this statute, his grantee in the subsequent deed gets title to the land in cases where the grantee in the first deed fails to record his deed before the second deed is executed, and where the grantee in the second deed can qualify … the facts and circumstances which clearly indicate notice, *410 which, of course, under the statute, would in a case such as is now before us, prevent him from receiving the benefits of the statute quoted above.

Manor Care Inc. v. Tom Douglas

West Virginia Supreme Court · Jun 18, 2014

The majority correctly notes that “[c]laims related to business decisions, such as proper budgeting and staffing, by entities that do not qualify as Health Care Providers under the MPLA simply do not fall within that statutory … That said, I am troubled by the verdict form’s lack of clarity on the award of McDavid damages, to which the Estate was clearly entitled.

Staudenmaier v. Commissioner of Social Security

District Court, N.D. West Virginia · Jan 22, 2021

Listing 12.06 sets forth the criteria for a qualifying anxiety disorder. Under 20 C.F.R. § Pt. 404, Subpt. … P, App. 1, the record supports a finding of a qualifying anxiety disorder if the criteria of A and B, or B and C are satisfied.

Westfield Insurance Company v. Sistersville Tank Works, Inc., Robert N. Edwards, E. Jane Price, Douglas Steele, Carol Steele, Gary Thomas Sandy, Peggy P. Sandy, Reagle & Padden, Inc., and David C. Padden

West Virginia Supreme Court · Nov 8, 2023

The insuring agreement contained three qualifying clauses: This insurance applies only to “bodily injury” and “property damage” which occurs during the policy period. … In addition, the policy clearly is also triggered if ‘disease’ manifests itself during the policy period.”)); California (Montrose Chem. Corp. v. Admiral Ins.

Wells v. Antero Resources Corporation

District Court, N.D. West Virginia · Oct 29, 2020

Federal Rule of Evidence 702, governing the admissibility of expert testimony, provides: A witness who is qualified … Thus, Fisher lacks a reliable basis in his previous work or experience to propose what is clearly a novel method for calculating the amount of royalties Antero allegedly owes the Plaintiffs.

Gray v. Heritage-Crystal Clean, LLC

District Court, S.D. West Virginia · Oct 31, 2024

He clearly understood the policies and rules in place for such transactions, and he violated them through his conduct related to the Service Wire job. … The disparate treatment model provides that an employer may not deny job opportunities to qualified individuals because of their disabilities.

Firstbank Shinnston v. West Virginia Insurance

185 W. Va. 754 · West Virginia Supreme Court · Jul 25, 1991

Clearly, in the case before us, there were no material facts in dispute upon which West Virginia Insurance could have relied to support an effective cancellation of *761 Firstbank’s interest as mortgagee. … The circuit court concluded that there was no evidence that West Virginia Insurance was organized or qualified as a Farmers Mutual Fire Association Company.

Richard Otto and Patricia Otto v. Catrow Law, PLLC

West Virginia Supreme Court · Nov 2, 2020

In short, the court applied an antiquated doctrine known as the “locality rule” to bar testimony that was clearly and unequivocally admissible under Rule 702 of the West Virginia Rules of Evidence … , it will be 1 Rule 702(a) provides that “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

Mills v. Wexford Health Sources, Inc.

District Court, S.D. West Virginia · Jan 3, 2023

To prevail under Rule 60(b), “the party moving for relief must clearly establish the grounds therefore to the satisfaction of the district court . . . and such grounds must be clearly substantiated by adequate proof.” … Plaintiff clearly has no constitutional right to counsel in this civil action, and appointment thereof rests within the discretion of the court.

Martez Griffin v. Charles Williams

West Virginia Supreme Court · Feb 19, 2021

Counsel remembered clearly viewing the confession video and believed he saw the surveillance video.!?9 82. … Petitioner was charged—as clearly detailed in the indictment—with a violation of W. Va. Code 61-2-12(a).

ESTATE OF DEARING BY DEARING v. Dearing

646 F. Supp. 903 · District Court, S.D. West Virginia · Oct 22, 1986

The burden is on the Plaintiffs to establish by a preponderance of the evidence that James was insane at the time the cause of action accrued. Fines v. Kendrick, 219 Va. 1084 , 254 S.E.2d 108 (1979). … “[Legitimate enterprises] enjoy neither an inherent incapacity for criminal activity nor immunity from its consequences.