Case law

SER Wheeling Hospital, Inc. David A. Graphery, M.D. v. Hon. Ronald E. Wilson, Judge

236 W. Va. 560 · West Virginia Supreme Court · Feb 9, 2016

body or to fulfill the requirements of such accrediting body, any entity established pursuant to state or federal law for peer review purposes, and any committee established by one … Therefore, the proper inquiry as to whether a document qualifies for protection . . . is whether it was created by, for, or otherwise as a result of a medical peer review committee

Brodhag v. United States

319 F. Supp. 747 · District Court, S.D. West Virginia · Nov 27, 1970

“The erroneous reasoning of the Auditor can be clearly demonstrated as follows: “1. … Clearly, plaintiffs cannot walk both sides of the street. If the purported “disclaimer” is really a release it does not qualify for the deduction sought.

Committee on Legal Ethics of the West Virginia State Bar v. Boettner

183 W. Va. 136 · West Virginia Supreme Court · Apr 17, 1990

Should the standards for attorneys be any less than the standards established for Caesar's wife? … This immunity was granted before Boettner entered into a plea agreement.

State v. Abdella

82 S.E.2d 913 · West Virginia Supreme Court · Jul 27, 1954

Myrtis Smith whose husband lost money in a game of poker allegedly conducted at the establishment of the defendant. Shortly before the defendant testified, this witness told the grand jury that, when Mrs. … If he had admitted or denied that he had engaged in gambling or the sale or the use of numbers, he would have been clearly entitled, under the statute, to immunity from prosecution for the offense charged in the present indictment

King v. Chronister

District Court, N.D. West Virginia · Jan 10, 2025

The Defendant argues he is entitled to qualified immunity. The parties agree that the test for immunity in this context turns on a standard of objective reasonableness. … action, assessed in light of the legal rules that were clearly established at the time it was taken.”

C.C. and J.C., as next friends of the minor child M.C. v. Harrison County Board of Education

West Virginia Supreme Court · Jun 17, 2021

In creating the general grant of immunity, in W. Va. … This claim also is precluded by the Act’s grant of immunity to political subdivisions because section 29-12A-5(a)(4) also provides immunity for a political subdivision’s “[a]doption . . .

Kline v. United States

202 F. Supp. 849 · District Court, N.D. West Virginia · Mar 12, 1962

of the remainder interest in the Trust to qualified charities. … If he should fail to qualify and act, his place would be taken by the nominee of the life beneficiary.

James Stover v. West Virginia Division of Highways

Intermediate Court of Appeals of West Virginia · May 23, 2024

Stover does not qualify to have a lung transplant covered by workers’ compensation. The Board further found that Mr. … Further, we find that the Board was not clearly wrong in finding that Mr.

State ex rel. Garner v. Garvin

145 W. Va. 820 · West Virginia Supreme Court · Dec 20, 1960

There is no merit to this contention because the rule of immunity in such cases was established many generations ago in England, and has been treated in this country as a part of the common law. … However, there was never any intention to limit such immunity to such cases. This is clearly indicated in the case of Morris v. Calhoun, 119 W. Va. 603, 608 , 195 S.

Patricia Jones (formerly Akers) v. W. Va. Public Employees Retirement System, etc.

235 W. Va. 602 · West Virginia Supreme Court · Jun 10, 2015

A family court has the necessary authority to posthumously enforce, revise, modify, or amend a domestic relations order for the purpose of establishing such order as a qualified domestic relations order. … Clearly, the model QDRO language anticipates and provides for the necessary continuing jurisdiction in the family court to “revise, modify, or amend this Order insofar as is necessary to establish or maintain its qualification

Wilburn v. Smith

District Court, S.D. West Virginia · Aug 14, 2025

Next, Defendant argues that he is entitled to qualified immunity because Plaintiff has failed to identify any clearly established right. … This Court agrees with the Magistrate Judge that Plaintiff should be permitted to amend his Complaint, which may defeat a claim to qualified immunity.

Ambrose v. Knotts

865 F. Supp. 342 · District Court, S.D. West Virginia · Oct 17, 1994

The Sixth Circuit, in a ease concerning qualified immunity, held no extension of the Elrod-Branti decisions to independent contractors had been “ ‘clearly established’ in 1983.” Lundblad v.

Dingess v. Drake

135 W. Va. 502 · West Virginia Supreme Court · Mar 1, 1951

Precedents in will cases serve only to establish general principles applicable alike to all. … Any language, technical or otherwise, which clearly indicates the intention of testator to dispose of his property to certain persons, either named or ascertainable, is sufficient for the purpose of a will. Runyon v.

State v. Hall

91 W. Va. 648 · West Virginia Supreme Court · Oct 3, 1922

Under the law governing the subject, *653 the appellant was clearly the bona fide owner of the property in question, even though it were necessary to hold the contract to have been one of conditional sale. … Hence,. *654 this statute does not establish any policy abrogating, nullifying or qualifying the Pennsylvania contract here involved, in respect of such right, and that statute cannot be invoked to influence, control or affect

Roy D. Lawson v. US Steel Corp.

West Virginia Supreme Court · Jul 15, 2013

could become qualified through short-term training. … The Office of Judges concluded that the preponderance of the evidence fails to establish that Mr.

JJK Mineral Co., LLC v. Swiger

292 F.R.D. 323 · District Court, N.D. West Virginia · Feb 22, 2013

Clearly, the party claiming the advice of counsel has a tough choice: claim the defense or claim the attorney-client privilege. … Waiver of Work Product Immunity However, the work product immunity is distinct from the attorney client privilege and merits its own analysis.

Harris v. Martinka Coal Co.

201 W. Va. 578 · West Virginia Supreme Court · Dec 5, 1997

After hearing post-trial motions, the circuit court set the verdict aside as being “clearly influenced by passion, partiality and prejudice” and granted the defendant a new trial. … Another means for removing immunity is found in W.Va.Code, 23-4-2(c)(2)(i) [1994], which removes an employer's immunity if "[i]t is proved that such employer ... acted with a consciously, subjectively and deliberately formed

Greene v. Feaster

District Court, N.D. West Virginia · Aug 16, 2017

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Courts must consider two steps in determining whether an official is entitled to qualified immunity. Id. at 232.

United States v. Richmond

57 F. Supp. 903 · District Court, S.D. West Virginia · Nov 18, 1944

To the shallow and undiscerning mind it may appear absurd and illogical that evidence pointing clearly to the guilt of a defendant should be ignored and excluded from consideration, merely because it may have been obtained … The constitutional guaranties were not established for the benefit of criminals, but to protect the innocent.

Chafin v. Caudill

District Court, S.D. West Virginia · May 14, 2025

Qualified immunity shields government officials performing discretionary functions from civil liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person … The test for qualified immunity is “(1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right, and (2) if so, whether that right was clearly established at the time of the