Case law

R. v. Justice

District Court, S.D. West Virginia · Aug 17, 2023

Additionally, Rule 23(b) establishes three categories of permissible class actions. … [ECF No. 318-1, ¶ 6; ECF No. 318-10, ¶ 10]. 44 Proposed counsel have clearly demonstrated their expertise in civil rights class

Bowman v. Leverette

169 W. Va. 589 · West Virginia Supreme Court · Mar 19, 1982

Wilbur clearly forewarned of the result .in Sandstrom v. Montana as that holding was not mandated by Mullaney v. Wilbur. Rather, the holding in Sandstrom v. … It read, in part: In all cases where the unlawful killing is proved beyond a reasonable doubt, and where there is nothing in the circumstances of the case to explain, qualify or palliate the action, the law presumes it to

In Re Jeffrey R.L.

190 W. Va. 24 · West Virginia Supreme Court · Jun 14, 1993

Relying upon the well-established principles stated above, we shall now review the facts before us in the present case. … We find that the circuit court clearly erred in returning Jeffrey R.L. to his mother before the perpetrator who inflicted such extensive physical abuse on tMs helpless infant has been identified.

Massie

District Court, S.D. West Virginia · Mar 12, 2026

“Next, the ALJ must determine if the mental impairment is severe, and if so, whether it qualifies as a listed impairment.” Patterson, 846 F.3d at 659; see 20 C.F.R. §§ 404.1520a(d), 416.920a(d). … 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.

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

District Court, S.D. West Virginia · Sep 29, 2020

If anything, it is “clearly” material because it is a central claim of the complaint. … As the court stated in Courtland II, “[w]hether an activity or instrumentality qualifies as ‘abnormally dangerous’ is a question of law for the court,” and “[i]n determining whether

Patterson v. NewRez LLC

District Court, N.D. West Virginia · Jan 25, 2022

Although the Plaintiffs clearly have delayed in asserting their rights, such delay is not so unreasonable as to bar their claims. … Therefore, because they have failed to clearly demonstrate any detrimental change in their positions, the corporate defendants cannot establish that the Plaintiffs claims in Counts 1, 3, 4, and

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

District Court, S.D. West Virginia · Dec 1, 2020

gives a qualified answer to the rest. … Defendants very clearly buried their admissions and denials within baseless objections and wordplay, which required Ramaco to file a motion to compel and expend resources to receive straightforward answers.

Woodell v. West Virginia Improvement Co.

38 W. Va. 23 · West Virginia Supreme Court · Apr 1, 1893

physical, tangible body, it cannot literally appear in propria persona sedente curia; but a regular attorney of the court, who has a general license and authority from the courts, and from that particular court, having qualified … Such motion is equivalent to a direction to the jury to find for the defendant on the ground'that the evidence of plaintiff* is clearly insufficient to warrant the finding of a verdict for plaintiff. (2) I think the motion

Oak Hill Hometown Pharmacy v. Dhillon

District Court, S.D. West Virginia · Dec 23, 2019

The statute by its own terms requires the DEA factually establish that the continued operation of the Pharmacy poses an imminent danger. … The DEA clearly disagrees with the court’s assessment of the continued risk the Pharmacy posed at the time the ISO was issued.

MacK-evans v. HILLTOP HEALTHCARE CENTER

700 S.E.2d 317 · West Virginia Supreme Court · Sep 16, 2010

We further recognized that `in some circumstances causal relationships are so well established that we cannot excuse a plaintiff who pleads ignorance.' … Given these circumstances, a genuine issue of material fact clearly exists as to when Ms.

Hysell v. Raleigh General Hospital

District Court, S.D. West Virginia · Mar 31, 2022

Thus, unlike standard of care, proximate cause may be established through a “reasonable inference” of causation. Sexton, 216 W. Va. at 718-20, 613 S.E.2d at 85–87. … The jury elected to award $9,000,000.00, clearly indicating that they made deductions from the life care plan, as they were encouraged to do by Plaintiffs’ counsel, if they felt it was consistent with the evidence.”

G.T. v. Kanawha County Schools

District Court, S.D. West Virginia · Aug 24, 2021

A single page of deposition transcript relied upon for a line of testimony on a subject clearly under discussion before and after that page does not carry significant evidentiary weight. 2 Should the Plaintiffs wish to … Lower courts denied relief, and the Supreme Court established standards for schools’ obligations under the IDEA and remanded. Id.

State Ex Rel. Forbes v. Caperton

198 W. Va. 474 · West Virginia Supreme Court · Dec 19, 1996

The first sentence clearly refers to the explicit power given to the Governor to commute capital sentences pursuant to the 1851 Constitution. … In addition, we find Appellants fail to qualify for attorneys' fees pursuant to State ex rel. West Virginia Highlands Conservancy, Inc. v.

Williams v. West Virginia Division of Corrections

District Court, S.D. West Virginia · Feb 13, 2020

A former inmate who has been released is no longer ‘incarcerated or detained’ for the purposes of § 1997e(h) and therefore does not qualify as a ‘prisoner’ subject to the PLRA”). … Plaintiff clarifies that these state laws were referenced in the Amended Complaint simply to support her assertion that Defendants had notice of their alleged duties imposed under clearly established law.

Shawn Derrick Stevens and Suzanne Marie Stevens

United States Bankruptcy Court, S.D. West Virginia · Jan 28, 2025

Turning to the meaning of “commercial or business activities,” the Court in Ikalowych aptly explained: [T]he words “commercial” and “business” are clearly synonyms. … The Debtors were engaged in negotiations with SMS Financial to establish a workout agreement prior to filing their bankruptcy petition, and they also had attempted to negotiate with United Bank to obtain a release of its

Fout v. EQT Production Company

District Court, N.D. West Virginia · Aug 5, 2019

Moreover, “when a party is blameless, his attorney’s negligence qualifies as a ‘mistake’ or as ‘excusable neglect’ under Rule 60(b)(1).” Augusta Fiberglass Coatings, Inc. v. … First, as the defendant correctly notes, the terms of the Kay Co. class settlement do not establish any policy.

Carper v. Kanawha Banking & Trust Co.

157 W. Va. 477 · West Virginia Supreme Court · Feb 5, 1974

Roy Gene Carper, in anticipation of marriage and establishing a separate home for himself and his affianced, shopped several places for a mobile home. … The Brockenbrough case referred to as authority by our Court in Swayne, established a standard akin to that required in the proof of guilt in criminal cases, that is, beyond a reasonable doubt.

Lawyer Disciplinary Board v. Allen

198 W. Va. 18 · West Virginia Supreme Court · Nov 15, 1996

Respondents’ statements, drawn from their advertising material, clearly state claims of specialization. … We reaffirm and utilize here the four-step test established in Imperial Marketing .

Stephens

District Court, S.D. West Virginia · Nov 19, 2025

Plaintiff was informed in this Court’s prior Order, (ECF No. 11), to state a cause of action under § 1983, he must present facts showing that: (1) a person deprived him of a federally protected civil right, privilege or immunity … We have expressly held that Title VII does not provide a remedy against individual defendants who do not qualify as “employers.” See Lissau v.

Shafii

District Court, S.D. West Virginia · Apr 6, 2026

However, it appears that the Plaintiff did not receive the Court’s order and, as a result, did not serve the Defendants prior to the established deadline. … However, it does not require plaintiffs to establish a certainty of success. Roe v. Dep't of Def., 947 F.3d 207, 219 (4th Cir. 2020), as amended (Jan. 14, 2020).