Case law

Crump v. Beckley Newspapers, Inc.

173 W. Va. 699 · West Virginia Supreme Court · Jul 11, 1984

Two of these defenses, privilege and truth, allow a defendant to avoid all liability once established. There are two classes of privileges available in defamation actions: absolute and qualified. … As with the “public figure” doctrine, the “public interest” doctrine acts as a qualified privilege which immunizes a publisher from liability so long as abuse of privilege or actual malice are not present.

Grant v. Monsanto Co.

151 F.R.D. 285 · District Court, S.D. West Virginia · Sep 23, 1993

Kayak Manufacturing Corporation, 182 W.Va. 276 , 387 S.E.2d 511 (1989), however, there is simply no basis for asserting immunity from discovery in this diversity action. … Taking account of plaintiffs’ substantial burden in this Mandolidis- type 14 action, of the fact that the information sought is clearly relevant and, perhaps, crucial to establishing a right of recovery under W.Va.Code §

Town of Romney Housing Authority v. West Virginia Human Rights Commission

185 W. Va. 208 · West Virginia Supreme Court · Jul 31, 1991

He also found that the appellant was more qualified for the position of executive director than was Dale Moore. … After examining the record presently before the Court, this Court believes that the appellant has clearly established that she, as a female, is member of a group protected under the Human Rights Statute, that she applied

Boley v. Miller

187 W. Va. 242 · West Virginia Supreme Court · May 15, 1992

Instead, the Department pays for abortions which would otherwise qualify for federal reimbursement with state funds exclusively. … In other words, the legislature clearly understood that the fund would operate programs with different purposes and funding under the three categories outlined above.

State of West Virginia v. Richard Wakefield

236 W. Va. 445 · West Virginia Supreme Court · Nov 18, 2015

Porrata were qualified to render expert opinions on GHB intoxication at trial. … Code § 61-8B-1(5) (emphasis added)), which is not required to establish third degree sexual assault.

City of Grafton v. Holt

58 W. Va. 182 · West Virginia Supreme Court · Oct 31, 1905

The general equity rule is that all parties in interest must be before the court; but there are certain exceptions to this rule which are as clearly established and as well settled as the rule itself. … However, in all of them there always exists a common interest or a common right which the bill seeks to establish and enforce, or a general claim or privilege, ivhich it seeks to establish or to narrow or take away. *****

Doe v. Alfred

906 F. Supp. 1092 · District Court, S.D. West Virginia · Dec 4, 1995

immunity on the individual capacity claims pursuant to West Virginia law. … Plaintiffs clearly had non-futile and adequate administrative procedures available to them had they chose to avail themselves of such in accordance with Policy 2419 § 7(I)(1). 8 .

Montgomery General Hospital v. West Virginia Human Rights Commission

176 W. Va. 580 · West Virginia Supreme Court · Jul 10, 1986

The Circuit Court of Fayette County concluded that the final order of the Commission was clearly wrong and reversed it. … It is clear that the Commission correctly found that the complainant established a prima facie case of unlawful discrimination.

Flack v. Sizer

174 W. Va. 79 · West Virginia Supreme Court · Nov 14, 1984

Indeed, the State’s interest in rehabilitation of criminal offenders would appear to be perfectly compatible with allowing qualified females the opportunity to be sentenced as youthful offenders. 7 We must conclude that W.Va … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States: nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

National Market Reports, Inc. v. Brown

443 F. Supp. 1301 · District Court, S.D. West Virginia · Jan 18, 1978

However, established guidelines for the exercise of this jurisdictional discretion compel us to decline to consider plaintiff’s non-federal claims. … We deem it advisable that it should be construed in the first instance by the most qualified interpreter, the highest court of the State. Cf. Samuel v.

In Re: T.E., J.E. and J.F.

West Virginia Supreme Court · Apr 16, 2013

An amended petition was later filed alleging that petitioner failed to provide the children with proper dental care and immunizations. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

State v. Bradshaw

193 W. Va. 519 · West Virginia Supreme Court · Mar 27, 1995

The defendant argues the “qualifiers” in the present instruction do not cure the prior defects in the instruction. … The evidence clearly bore upon the defendant’s credibility.

Akers v. Cabell Huntington Hospital, Inc.

215 W. Va. 346 · West Virginia Supreme Court · Jul 2, 2004

Contending that each of these four elements was established in her case in chief, Appellant argues that the lower court’s decision to grant a directed verdict was contrary to well-established law. … Appellant’s testimony clearly demonstrated that the alleged conduct of Mr. Ball was unwelcome and that the conduct in issue stemmed from her sex.

Trimboli v. BOARD OF ED. OF WAYNE COUNTY

280 S.E.2d 686 · West Virginia Supreme Court · Jul 17, 1981

The law clearly contemplates that professionally trained teachers, principals and superintendents shall have exclusive control of these matters." … We are of the opinion that the Board of Education did not establish compliance with Rule 5300(6)(a).

Ambrose v. Knotts

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

The Sixth Circuit, in a case concerning qualified immunity, held no extension of the Elrod-Branti decisions to independent contractors had been "`clearly established' in 1983." Lundblad v.

Quanta Services, Inc. v. Zachary Bolling

Intermediate Court of Appeals of West Virginia · May 1, 2023

Musser, a cardiac electrophysiologist, was clearly the most qualified to address the etiology of Mr. Bolling’s heart distress, and thus it adopted Dr. Musser’s opinion that Mr. … The Board was not clearly wrong finding Dr. Musser to be the most qualified physician. Moreover, it is generally known that electrical burn entry and exit wounds are not always evident. A prime example is Mr.

Miller v. BAS Technical Employment Placement Co.

153 F. Supp. 2d 835 · District Court, S.D. West Virginia · Jul 25, 2001

must establish either: [t]hat there is no possibility that the plaintiff would be able to establish a cause of action against the in-state defendant in state court; or [t]hat there has been outright fraud in the plaintiffs … The best way to advance this objective is to accept the parties joined on the face of the complaint unless joinder is clearly improper.

Jeffrey v. W. VA. DEPT. OF PUBLIC SAFETY

511 S.E.2d 152 · West Virginia Supreme Court · Dec 11, 1998

In Jeffrey I, we stated: Section 319 establishes a duty. Assuming breach of that duty, there is negligence. Having established negligence, however, liability does not automatically ensue. … The requirements of the "special relationship" exception have been clearly set out in Syllabus Point 12 of Parkulo v. Board of Probation and Parole, supra. Therefore, we decline to alter Parkulo .

United States v. Barber

476 F. Supp. 182 · District Court, S.D. West Virginia · Aug 22, 1979

For example, our examination of how organized crime figures have achieved immunity from legal accountability led us to examine the sentencing practices and powers of our Federal courts. … No. 91-617, 91st Cong., 1st Sess. 79 (1969), are clearly apropos where private businesses have been criminally infiltrated.

State v. Bunner

126 W. Va. 280 · West Virginia Supreme Court · Nov 23, 1943

We are accordingly, clearly of opinion that the standard of cleanliness and safety established by the statute and the limitation, also contained therein, to the effect that the regulations adopted by the council shall be … This provision of the statute is clearly mandatory and, also, highly salutary.