Case law

State v. Green

220 W. Va. 300 · West Virginia Supreme Court · Feb 21, 2007

The State called Trooper Geoffrey Pasko, and the trial court qualified him as an accident reconstruc-tionist. Trooper Pesko described Route 50 east as a downhill slope where the accident occurred. … The evidence adduced at trial indicted that the driver had been on duty for twenty-one hours, exceeding the on-duty time established by state and federal laws, had driven at an excessive rate of speed, and had failed to brake

Cumpston v. Central Supply Company of West Virginia

District Court, N.D. West Virginia · Oct 5, 2018

He also testified that because the construction industry lacks qualified 14 CUMPTSON v. … Because the terms of Cumpston’s employment clearly state that unused vacation and sick time would be forfeited upon the severance of employment, his WVWPCA claim fails as a matter of law.

Crawford

District Court, S.D. West Virginia · Aug 31, 2026

Webster clearly stated the nature of the mental health crisis.” [Id.]. … Count V of the Complaint alleges RCC is “liable for its negligent retention of such employees, the negligent acts and omissions of such employees, and for their violations of clearly established duties.” [Id. ¶ 202].

Jessup v. Sandy

District Court, N.D. West Virginia · Dec 2, 2021

initial inquiry in a § 1983 case is as follows: (1) was the conduct complained of committed by a person acting under the color of state law and (2) did that conduct deprive the complainant of rights, privileges, or immunities … The only fact in the amended complaint that clearly relates to this claim is that plaintiff was taken to a holding cell without receiving medical attention.

Disability Rights of West Virginia v. Crouch

District Court, S.D. West Virginia · Dec 6, 2017

DISCUSSION The individuals on whose behalf DRWV sued are recipients of benefits under West Virginia’s I/DD Waiver Program, which provides for qualified individuals with intellectual and development … First, the organization “may have standing in its own right to seek judicial 9 relief from injury to itself and to vindicate whatever rights and immunities

W. Va. Inv. Mgmt. Bd., Body Corporate v. Variable Annuity Life Ins. Co.

820 S.E.2d 416 · West Virginia Supreme Court · Jun 5, 2018

14  Petitioners’ contention is self-serving and flagrantly untrue in light of the fact that Petitioners are not only sophisticated parties represented by highly-qualified … As we have already established, this state’s framework for the Business Court Division does not preclude arbitration by business court judges.

Roberts v. Stevens Clinic Hospital, Inc.

176 W. Va. 492 · West Virginia Supreme Court · Jun 12, 1986

Both the doctor's negligent treatment and his failure to warn the Roberts of the possible dangers of a biopsy were firmly established. … excessive or clearly inadequate, and a new trial will be granted.

FirstEnergy Generation, LLC v. James J. and Carol Muto

West Virginia Supreme Court · Mar 29, 2018

The West Virginia Workers’ Compensation Act was designed to provide a system of compensation to injured employees while providing immunity to qualifying employers from employees’ common law tort actions. W. Va. … Because this approach is blatantly wrong and contrary to the established precedent of this Court, I dissent. 19

Jonathan Frame, Superintendent, Mt. Olive Correctional Complex v. Barry D. White

West Virginia Supreme Court · Nov 12, 2024

White, was clearly maintaining those familial relationships, and had previously said he would lie on the stand. … Pertinent as that may be, the capacity of the recanting child victims and trustworthiness of the recantation evidence needed to be established.

Grant Thornton, LLP v. Federal Deposit Insurance

535 F. Supp. 2d 676 · District Court, S.D. West Virginia · Mar 14, 2007

The court notes that the principle of sovereign immunity prohibits Grant Thornton from joining federal regulators and seeking contribution. … “[I]f a plaintiff can demonstrate that the defendant’s acts caused him economic loss and so establish liability, the plaintiff will also be able to establish ‘facts and circumstances tending to show the probable amount of

Billy Johnson v. Blackhawk Mining

West Virginia Supreme Court · Feb 18, 2026

On appeal, we review questions of law de novo and accord deference to the findings of fact made by the Board of Review unless the findings are clearly wrong. See Syl. Pt. 3, Duff v. Kanawha Cnty. Comm’n, 250 W. … R. § 85-1-5.1 (providing that “[t]o qualify for [TTD] benefits, the claimant must be unable to work as a result of the compensable injury more than three (3) consecutive calendar days following the date of injury before benefits

Brandon Sherrod v. Donnie Ames, Superintendent

West Virginia Supreme Court · Feb 22, 2019

Moreover, the Miller court held that there is a "wide range" of perlormance which qualifies as constitutionally-adequate assis'"t.8D.ce of counsel, stating: A defendant seeking to … AB the Caudill court noted, "[t]he question of ... credibility .. , is clearly a proper purpose" for which such testimony could be admitted. Caudill, 170 W.

STATE EX REL. JEFFERSON CTY. v. Wilkes

655 S.E.2d 178 · West Virginia Supreme Court · Nov 20, 2007

The government has a legitimate need to attract qualified lawyers as well as to maintain high ethical standards. … Paragraphs (a)(1) and (b) do not prohibit a lawyer from receiving a salary or partnership share established by prior independent agreement.

Brothers of the Wheel M.C. Executive Council, Inc. v. Mollohan

909 F. Supp. 2d 506 · District Court, S.D. West Virginia · Nov 14, 2012

does not establish its protectability, though advertising is itself commerce that Congress may regulate.” … He has clearly created exceptional circumstances warranting an award of attorney’s fees.

State of West Virginia v. Ty Mogyoros

West Virginia Supreme Court · May 26, 2022

Code § 61-11-18 (specifying that reckless fleeing qualifies for recidivist enhancement). 5  Petitioner moved for a new trial in October of 2020. … Factual determinations upon which these legal conclusions are based are reviewed under the clearly erroneous standard.

Lee v. West Virginia University

District Court, N.D. West Virginia · Feb 27, 2025

Accordingly, Lee did not accept the executive director position because the non-qualified deferred compensation plan was an important term for him. … Lee was not removed as chair because his attorney’s July 29th letter alleged age discrimination.2 The record clearly shows that Marsh and Rezai began

Fadeley v. Commissioner of Social Security

District Court, N.D. West Virginia · Mar 31, 2020

established on the basis of symptoms alone in the absence of objective medical abnormalities [Dkt. … As noted in the R&R, “[t]o qualify for DIB [a plaintiff] must prove that [he or she] became disabled prior to the expiration of [his or her] insured status.”

Moore v. Indian Harbor Insurance Company

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

The responses very clearly laid out which matters Defendant Peninsula admitted and denied. … Defendant Peninsula has very clearly failed to meet its burden as the party opposing discovery.

AbbVie Inc. v. Morrisey

District Court, S.D. West Virginia · Dec 17, 2024

Novartis has established this fact in its briefing. … These “costs are unrecoverable given West 30 Virginia’s sovereign immunity.”

Novartis Pharmaceuticals Corporation v. Morrisey

District Court, S.D. West Virginia · Dec 17, 2024

Novartis has established this fact in its briefing. … These “costs are unrecoverable given West 30 Virginia’s sovereign immunity.”