Case law

State v. Persinger

169 W. Va. 121 · West Virginia Supreme Court · Jan 19, 1982

The defendant’s claim is that a birth certificate was needed but the information contained in the booking sheet qualified as a business entry. Cf. Hill v. Ryerson, _ W. Va. _, 268 S.E.2d 296 , 308 (1980). … Plantz, supra, states: “A statement freely and voluntarily made by an accused while in custody or deprived of his freedom by the authorities and subjected to questioning is admissible in evidence against him if it clearly

Manivannan v. Bochenek

District Court, N.D. West Virginia · Feb 21, 2025

Courts have long held that “FOIA reflects a general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language.” Id. … According to Klamath, “[t]o qualify, a document must thus satisfy two conditions: its source must be a Government agency, and it must fall within the ambit of a privilege against discovery

Ramaco Resources, LLC v. Chubb INA Holdings, Inc.

District Court, S.D. West Virginia · Jun 30, 2020

The law regarding work product is well established. “The work-product privilege protects from discovery an attorney’s work done in preparation for litigation.” … By early January 2019, the parties involved in the investigative process clearly knew that Ramaco intended to sue Federal if the silo claim was denied.

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.

State v. Kilmer

190 W. Va. 617 · West Virginia Supreme Court · Dec 10, 1993

In the present case the evidence clearly demonstrates that the Appellant not only requested to speak with an attorney he named, but also attempted to make contact with that attorney by telephone, thereby unequivocally asserting … However, we decline to establish an absolute rule requiring such recording.

G&G Builders, Inc. v. Central Mutual Insurance Company; G&G Builders, Inc. v. Builders Premier Mutual Insurance Company; and Central Mutual Insurance Company v. G&G Builders, Inc.

Intermediate Court of Appeals of West Virginia · Nov 13, 2025

Thus, we begin our review of the consolidated cases by establishing our jurisdiction to review such cases. … 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

West Virginia Ass'n of Community Health Centers v. Sullivan

737 F. Supp. 929 · District Court, S.D. West Virginia · Mar 1, 1990

Neither does section 1008 clearly express the intent of Congress with respect to the use of funds for abortion counseling and referral. … At issue in Regan were Internal Revenue Code provisions that denied eligibility to otherwise qualified tax-exempt organizations for tax-deductible contributions for all activities if they engaged in “substantial lobbying”

Evans v. Hutchinson

158 W. Va. 359 · West Virginia Supreme Court · Jan 21, 1975

The permissible extra-educational uses of school board facilities are clearly delineated in Code 1931, 18-5-19, as amended, permitting, inter alia, use “... to promote and facilitate frequent meetings and associations of … That case also recognized that, under Code 1931, 6-6-7, “to remove a person from office the charge against him must be established by satisfactory proof.”

David Ballard v. Brian Bush Ferguson

232 W. Va. 196 · West Virginia Supreme Court · Oct 25, 2013

performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified … Zimarowski to establish his innocence, Mr. Zimarowski cannot blame Mr. Ferguson for trusting his judgment and strategy.

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.”

Hall v. Gestamp West Virginia, LLC

District Court, S.D. West Virginia · Aug 11, 2021

A plaintiff establishes a prima facie case of disability discrimination by showing “that [s]he (1) is a . . . person with a disability, (2) is qualified to perform the essential function … ‘the similarity between comparators must be clearly established in order to be meaningful.’” Swaso v. Onslow Cty. Bd. of Educ., 698 F.

Christine Blanda v. Martin & Seibert, LC

West Virginia Supreme Court · Nov 22, 2019

And “[t]o qualify for the public policy exception to at-will employment, the employee must report the suspected criminal activity to the appropriate law enforcement or judicial official, not merely investigate suspected … Petitioner alleged her employer, a law firm, committed crimes by overbilling clients and those claims clearly trigger substantial public policy concerns.

In re Shafer Bros. Constr. Inc.

525 B.R. 607 · United States Bankruptcy Court, N.D. West Virginia · Jan 14, 2015

application in that regard and a verified statement in. support thereof “setting forth the person’s connections with the debtor, creditors, or any other party in interest ...” so that the court can adjudge whether they qualify … Some courts have held that “the decision to grant compensation is governed by § 330(a) and that provision, like § 328(c), clearly requires a valid appointment under § 327(a) as a prerequisite to an award of compensation.”

Jeffrey v. Ames

District Court, S.D. West Virginia · Sep 25, 2020

“Establishing that a state court’s application of Strickland was unreasonable under § 2254(d) is all the more difficult. … He says that no reasonably qualified attorney would “fail to exhaust” his trial counsel’s “numerous opportunities to admit this evidence.” (ECF No. 32, at 5.)

In re A.L.-1, J.L., K.L., and W.L.

West Virginia Supreme Court · Jun 1, 2026

November 27, 2023, at which hearing the CPS caseworker, petitioner, and the father testified.4 The circuit court found that petitioner “do[es] not have fit, apt and suitable housing” for the children 5 and that the DHS “established … Moreover, this discretion “does not serve as a blanket of immunity for the circuit court to manage abuse and neglect cases as its whim, personal desire, or docket may fancy.” State ex rel. C.H. v. Faircloth, 240 W.

Young v. Western-Southern Agency, Inc.

District Court, S.D. West Virginia · Sep 20, 2024

The LTIR Plan meets all of the aforementioned requirements to be an “established” plan. … Therefore, any plan that is established by Defendants that defers compensation or provides retirement income, will necessarily qualify as an ERISA-governed “employee pension benefit plan.” Guiragoss v.

Fairmont Tool, Inc. v. Norvel Louis Opyoke

West Virginia Supreme Court · Jun 9, 2022

’s finding for [respondent] on the tort of [o]utrage was based on findings regarding wrongful termination, a claim which was dismissed by the [c]ourt[,]” the circuit court found that the instruction was erroneous and clearly … If she is not informed that her absence qualifies as FMLA – and if she does not know of her right under the statute to take intermittent leave – she might take all 12 of her FMLA-

Miller v. Boles

248 F. Supp. 49 · District Court, N.D. West Virginia · Nov 23, 1965

If, by effective processes, the States assumed this bur *57 den, the exhaustion requirements of 28 U.S.C. § 2254 (1958 ed.) would clearly promote state primacy in the implementation of these guarantees. … That, along with the explicit Federal policy announced by the Supreme Court encouraging State hearings, is more than enough to convince this Court that if a West Virginia prisoner is to qualify for Federal ha-beas corpus

Barksdale v. Rickard

District Court, S.D. West Virginia · Feb 4, 2020

Petitioner objects to the PF&R’s finding that he cannot bring his claims under § 2241 because he does not qualify for the savings clause exception. … The Fourth Circuit’s analyses in Foote and Lester clearly support this understanding. In United States v.

State Ex Rel. Lambert v. West Virginia State Board of Education

191 W. Va. 700 · West Virginia Supreme Court · Jul 20, 1994

A recipient that offers physical education courses or that operates or sponsors interscholastic, club, or intramural athletics shall provide to qualified handicapped students an equal opportunity for participation in these … Given that money for education is basically fixed, as the regular defeat of excess levies these days clearly demonstrates, the money for new athletic facilities has to be taken from someplace else in education—computers,