Case law

Ricky Johnson v. Pinnacle Mining Company

Intermediate Court of Appeals of West Virginia · Dec 6, 2024

Johnson argues that the preponderance of the evidence establishes that he has sustained 50% or more whole person impairment, thus satisfying the threshold of whole-body medical impairment necessary to qualify for a PTD award … Johnson failed to establish that he was entitled to PTD benefits. Upon review, we conclude that the Board was not clearly wrong in finding that Mr.

State v. Cecil

221 W. Va. 495 · West Virginia Supreme Court · Nov 21, 2007

This evidence was clearly being offered by the appellant to attack the credibility of the alleged victims. Such evidence is clearly not admissible pursuant to Rule 608 of the West Virginia Rules of Evidence. … "The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted the accused.”

State Ex Rel. West Virginia Board of Aeronautics v. Sims

129 W. Va. 694 · West Virginia Supreme Court · Feb 11, 1947

and the judgment of his peers.”; and the provision of Section 1, Article 14 of the Federal Constitution, which, among other things, provides: “No State shall make or enforce any law which shall abridge the privileges or immunities … This was clearly established in the case of Berry v. Fox, 114 W. Va. 513 , 172 S. E. 896 .

Braxton v. Young

District Court, S.D. West Virginia · Mar 27, 2020

established on February 15, 2017.” … That the motion to dismiss filed by Callison (ECF No. 17) be, and it hereby is, granted in part insofar as Callison is entitled to qualified immunity with respect to his alleged failure

Atkinson v. County Commission of Wood County

200 W. Va. 380 · West Virginia Supreme Court · Jul 3, 1997

While Powers clearly permits indemnification of a public official in either a civil or criminal context, Appellant must first meet the three criteria established in Powers as a prerequisite to reimbursement of attorneys’ … Thus, the issue of sovereign immunity was not present in that case.

Slone v. Racer

District Court, S.D. West Virginia · Sep 26, 2024

Likewise, the district court found the law was clearly established at the time of the accident. Id. at *7 (citation omitted). … Under the doctrine of qualified immunity, government officials are protected “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Wiley v. Hatcher

70 W. Va. 92 · West Virginia Supreme Court · Dec 12, 1911

The parol evidence is clearly against his contention in this particular. … It was then recognized as being to the left of the clearly marked and well established corner which defendant would now eliminate or disregard.'

Hassinger v. Holt

47 W. Va. 348 · West Virginia Supreme Court · Dec 9, 1899

Post, who claims to be a properly appointed, qualified member of the board of education, and J. W. … The duties of a board of education in conducting a graded school already established are purely ministerial. The writ should issue. Writ Granted.

Dunn v. Doe

206 W. Va. 684 · West Virginia Supreme Court · Dec 13, 1999

Mace, according to Allstate, cannot qualify as an independent third *690 party since he was a named defendant in a separate action arising from the accident. … Mace may not fit squarely into one of the designated categories of individuals who does not qualify as a disinterested third-party is not disposi-tive of the issue.

State Ex Rel. Charleston Mail Ass'n v. Ranson

200 W. Va. 5 · West Virginia Supreme Court · Mar 14, 1997

Notwithstanding our decision in Hudok establishing a reportorial privilege in this State, the case presently before us is factually distinguishable. … XIV, § 1 ("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

In Re: C.W., A.W. and K.W.

West Virginia Supreme Court · Apr 13, 2015

It was later determined that petitioner did not qualify for appointed counsel and her attorney, Joshua Ferrell, was permitted to withdraw. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Brent D. Benjamin v. Elizabeth D. Walker

West Virginia Supreme Court · Apr 19, 2016

The contrary conclusions of the court below were clearly erroneous. … It is well established that there are “certain circumstances in which an agency may perform a function that is implied, but not specifically permitted, by statute…,” and that an agency’s authority includes “’such other

Wilmoth v. Wilmoth

34 W. Va. 426 · West Virginia Supreme Court · Dec 10, 1890

Hoes it qualify or detract from the widow’s absolute right under the second clause ? … Wills, 752, states the rule: *436 “Hence it lias become an established rule that where the bequest is simply to A., and, in case of his death, or if he die, to B., A., surviving the testator, takes absolutely.”

Osei Assibey Bonsu v. West Virginia Board of Registered Nurses

Intermediate Court of Appeals of West Virginia · Sep 4, 2024

The hearing examiner found that the evidence established that Mr. … [was] not licensed, qualified, or competent to perform” professional nursing and thus “engaged in unethical or unprofessional conduct . . . likely to deceive, defraud or harm the public or any member of the public” was clearly

Morales v. Conley

224 F. Supp. 2d 1070 · District Court, S.D. West Virginia · Sep 26, 2002

The legislature has the power to “establish an uniform Rule of Naturalization.” U.S. Constit. Art. I, § 8, cl. 4. 3 . … Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.” Harisiades v.

Coleman v. Sopher

194 W. Va. 90 · West Virginia Supreme Court · Jun 15, 1995

Common to this threshold is the requirement that a party establish, at a minimum, "injury in fact” to a protected interest. … Although the issue of statutory immunity could conceivably qualify, we are reluctant to invoke this doctrine in a case where there has been no request to do so and in light of our ironclad rule against piecemeal appeals.

Coffman v. West Virginia Board of Regents

182 W. Va. 73 · West Virginia Supreme Court · Sep 12, 1988

This Court has established several guidelines for determining under what circumstances a directed verdict is appropriate. … Perform work in neat, orderly manner and within established building and safety codes. 11. Maintain clean work area. 12.

Airkem Sales & Service v. Department of Mental Health

8 Ct. Cl. 180 · West Virginia Court of Claims · Jan 19, 1971

not be paid out of the current appropriation, clearly exceeds the jurisdiction of the Court. … It is true that the commodities and services were furnished and the State has received the benefit thereof, but that in itself is insufficient to establish a legal obligation to make payment when the above quoted Statutes

State Ex Rel. Patrick v. COUNTY COURT OF HANCOCK CO.

165 S.E.2d 822 · West Virginia Supreme Court · Feb 4, 1969

The election returns and the poll books clearly show that Carole A. … This procedure in such case was clearly stated in State ex rel. Simon v.

Motto v. CSX TRANSPORTATION, INC.

220 W. Va. 412 · West Virginia Supreme Court · Jun 29, 2007

According to DEP, the State may set forth the parameters of any suit against it based upon sovereign immunity principles. … We are persuaded by the reasoning of those courts deeming such notice to be jurisdictional in light of principles of sovereign immunity.