Case law

In Re: Remains of Chester Howard West

West Virginia Supreme Court · Jun 7, 2017

burial, the cemetery provides “an honorable, dignified resting place for West Virginia’s cherished veterans and their closest family members[,]” and it will be able to “accommodate burial space for approximately 60,000 qualified … In fact, the circuit court’s order references the Gold Star Family Memorial Monument established by the Medal of Honor Foundation within The Donel C. Kinnard Memorial State Veterans Cemetery.

Tessa Warren, individually and in her capacity as Administratrix of the Estate of Kevin M. Warren v. Appalachian Power Company (Judge White, concurring)

Intermediate Court of Appeals of West Virginia · Jun 11, 2026

Similarly, “[w]here the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, Chrystal R.M. v. … Appalachian also cited the specific federal regulation addressing whether an existing object qualifies as an “obstruction to air navigation,” 14 C.F.R. § 77.17, and argued that this regulation established the duty applicable

Griffith v. The Chemours Company

District Court, S.D. West Virginia · Sep 21, 2021

The load shack is a designated space where a qualified person attends and monitors the loading and unloading of hazardous materials in cargo tanks. … Discharges of pollution into jurisdictional waters without a permit are clearly prohibited under the WVWPCA. See W. Va. Code § 22-11-8(b).

Hutchinson's Ex'x v. Boltz

35 W. Va. 754 · West Virginia Supreme Court · Dec 12, 1891

Hutchinson, who was named as executrix therein, qualified as such ; that afterwards she died, and Charles H. … Numerous other cases, holding this same doctrine, might be cited from the decisions of this Court, but these are deemed sufficient to show the rule established in this State.

Roof Service of Bridgeport, Inc. v. Robert Joseph Trent and Charlotte Trent

West Virginia Supreme Court · Nov 20, 2020

Roof Service argues that the facts establish that at the time of the incident, Mr. … allegations regarding excessive overtime requirements and involved mixing various tort concepts in a unique, but ultimately unsuccessful, effort to avoid having a wrongful death claim barred by the workers’ compensation immunity

State ex rel Monster Tree Service, Inc v. Jeffrey D. Cramer and David S. Duvall

West Virginia Supreme Court · Nov 6, 2020

, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly … “It is a well-established principle of law that a letter properly addressed, stamped and mailed is presumed to have been duly delivered to the addressee.

State ex rel. v. Purcell

31 W. Va. 44 · West Virginia Supreme Court · Feb 18, 1888

When he seeks to recover from the alleged wrong-doer compensation for the loss resulting therefrom, the plainest principles of justice as well as the established rules of pleading require that in any judicial proceeding instituted … It will be observed that in this case the court clearly held, not only that the bond was a valid injunction bond, but also that even the “onerous condition” thereof did not render it invalid, even to the extent that the condition

Thomas White, Jr. v. Donnie Ames, Superintendent, Mt. Olive Correctional Complex

West Virginia Supreme Court · Aug 30, 2022

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … 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

United States v. Shaffer Equipment Co.

796 F. Supp. 938 · District Court, S.D. West Virginia · Jun 17, 1992

Clearly, dismissal of this matter with prejudice would relieve the Defendants of a potential liability in excess of $5 million and preclude the Superfund from recovery of monies previously expended. … The United States called Caron as a witness at trial to establish that the material transported ■by Cummings was a hazardous substance.

Abraham Linc Corporation v. Spinnaker Insurance Company

District Court, N.D. West Virginia · Jul 16, 2024

Defendants further argue that Plaintiff’s mere receipt of an email from a fraudster does not qualify as an unauthorized entry or change of electronic data or computer system within a computer … There is clearly a dispute of fact as to whether the condition precedent was satisfied, which cannot be determined at this stage of the litigation.

Spurlock v. Wexford Health Sources, Incorporated

District Court, S.D. West Virginia · Dec 4, 2024

During the meet and confer process, Defendant supposedly agreed to review the specific documents at issue and produce any that it determines, upon further review, do not qualify as privileged. … Judge Aboulhosn's finding that the evidence submitted by the Plaintiff sufficed to set forth a prima facie case for punitive damages is not clearly erroneous.

Mid-State Automotive, Inc. v. Harco National Insurance Co.

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

Mar. 23, 2015) (“The standard for testing the adequacy of the privilege log is whether, as to each document, it sets forth facts that, if credited, would suffice to establish each element of the privilege or immunity that … Defendant’s redactions and the reasons for them are clearly identified on the pages where redacted material appears. (See ECF No. 73-1.)

Lehman v. Hinton

44 W. Va. 1 · West Virginia Supreme Court · Nov 11, 1897

That Gore had departed this life, and James Roles had qualified as his administrator. That he left surviving him a widow, Adaline B. Gore, who has since intermarried with the defendant William M. … the report was before Commissioner Peck, while still pending, he had a subpoena cluces tecum issued and served on Mathews, requiring him to appear before said commissioner and bring certain papers, which he believed would clearly

State v. Joseph T.

175 W. Va. 598 · West Virginia Supreme Court · Nov 8, 1985

Clearly, the grounds for reasonable suspicion existed with the infraction of the school regulation against smoking which warranted the initial search. … Varon, Searches, Seizures and Immunities ch. IX, § 9 (2nd ed. 1974).

Abrams v. United States

333 F. Supp. 1134 · District Court, S.D. West Virginia · Oct 30, 1971

While the evidence does not support this factual contention of Julyn, even if Julyn were east in this posture, such an arrangement would not automatically immunize Julyn from liability under the statute. … Although the unpaid employment tax liabilities of Miss Amy are not directly involved here, the facts surrounding the establishment and handling of Miss Amy are pertinent to a full understanding of the facts involved in this

Swiger v. Swiger

58 W. Va. 119 · West Virginia Supreme Court · Oct 22, 1905

Va. 717 , (syl. pt. 2), it is held: “When the relation of trustee and cestui que trust is once established, no subsequent dealing with the trust-property by the trustee can relieve the property of the trust as between the … Switzer, 26 Grat. 514, it is held, (syl. pt. 2) : “A contract between a husband and wife in an agreement for a separation, cannot be sustained in any case in which it does not clearly appear, that in the negotiation which

City of Huntington, West Virginia v. AmerisourceBergen Drug Corporation

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

The difficulty in applying the apex doctrine can often lie in determining what qualifies as "unique" personal knowledge. In re C. R. Bard, Inc. at *461. Such is not the case in this instance. … Plaintiffs may elect to conduct the deposition live and/or remotely in accordance with the deposition protocols established by the Court.

Atkins v. AT&T Mobility Services, LLC

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

Rotruck because the advances did not qualify as “consumer credit sales.” Rotruck, 2016 WL 547190 at *5. … Citation to a memorandum decision must clearly denote that a memorandum decision is being cited. Id. at 311–12 (citing W. Va. R. App. P. 21(e)).

Chanze v. Air Evac EMS, Inc.

District Court, N.D. West Virginia · Nov 1, 2018

The affirmative defense of preemption may be resolved on a motion to dismiss, provided the facts necessary to determine the issue clearly appear on the face of the complaint. … services indiscriminately when called upon by third party professionals, together with its certification as an air carrier by the Department of Transportation and court cases affirming this status, qualify

Biogen International GMBH v. Mylan Pharmaceuticals Inc.

District Court, N.D. West Virginia · Jun 18, 2020

Although the immune system is a self-defense system that combats viruses and bacteria that would harm the human body, MS confuses the immune system into attacking 4 … Cir. 2010), involving a two-step inquiry: “The first part is determining what exactly is that ‘relevant art’ at issue, the second is determining who qualifies as a ‘person of ordinary