Case law

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.

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.

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

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.

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

Clark v. Gruber

74 W. Va. 533 · West Virginia Supreme Court · Jun 16, 1914

Va. 138 , it said that recovery cannot be had in such cases, unless there is proof of $n express contract, or the facts and circumstances sustained by a preponderance of the testimony clearly establish an expectation or intention … These and other pertinent facts established by the evidence, we think, clearly show intent and expectation of Gruber to pay, and of plaintiff to be paid, as provided by the will, and for which provision was so made therein

Williams v. Moss

114 W. Va. 488 · West Virginia Supreme Court · Dec 16, 1933

Taylor in the kitchen of her home in the presence of one other person, a qualified but not entirely disinterested witness, who testifies that upon signing the note and re-delivering it to E. R. … On the other hand, the appellees contend that the competent proof introduced by them at the hearing is more than sufficient to overcome all presumptions of consideration, and to establish by a clear preponderance of the evidence

Guardian Fiberglass, Inc. v. Ryan Moore

West Virginia Supreme Court · Feb 26, 2016

Moore then filed an application for workers’ compensation benefits alleging that he experienced problems with his nasal cavities, chest, and immune systems due to exposure to mold at work. Mr. … It found that the record established that Mr. Moore was exposed to black mold at his workplace and developed nasal and respiratory symptoms due to his exposure.

State Ex Rel. Printing-Litho, Inc. v. Wilson

147 W. Va. 415 · West Virginia Supreme Court · Dec 4, 1962

They cannot say a clearly responsible man is irresponsible, or that a bidder has not complied with conditions, when he obviously has. … The foregoing clearly established facts do not indicate inability or lack of qualification of the petitioner to perform the contract which it requests with a resultant saving of $51,266.70 to the State and its taxpayers.

Go-Mart, Inc. v. Theresa Parker, and Scott A. Adkins, in his capacity as Acting Commissioner of WorkForce West Virginia

Intermediate Court of Appeals of West Virginia · Apr 29, 2025

Parker was qualified for unemployment benefits because she did not commit misconduct. … Parker received a prior written warning and has failed to show the Board’s decision was clearly wrong.

Maplewood Community, Inc. v. Craig

216 W. Va. 273 · West Virginia Supreme Court · Dec 23, 2004

Consequently, only when the use of property for charitable purposes qualifies as primary, direct, and immediate will such use come within the charitable purpose exemption; those uses that are secondary and remote clearly … We are also mindful that exemption of plaintiffs property could financially benefit to a degree the residents of its fine establishment, and we are deeply sympathetic.

McGraw v. American Tobacco Co.

224 W. Va. 211 · West Virginia Supreme Court · Jun 22, 2009

The MSA’s Arbitration Clause, Section XI(c), clearly and unambiguously requires arbitration of this dispute in two separate ways. … The standard for obtaining relief from a circuit court order by means of a writ of prohibition is well established. In syllabus point one of Hinkle v.

Mason Cty. Bd. of Ed. v. State Supt. of Sch.

274 S.E.2d 435 · West Virginia Supreme Court · Jan 26, 1981

Despite the labels given to the appellant's conduct here, the charges against him were clearly with the purview of § 5300(6)(a) matters. In failing to follow the procedures established by § 5300(6)(a) the Board erred. … The answer is clearly yes.

Hanlon v. Logan County Board of Education

201 W. Va. 305 · West Virginia Supreme Court · Nov 20, 1997

Having established the applicable standard of review, we apply these procedures to our evaluation of Hanlon’s contentions. B. … Rather, Murphy qualified for the coaching assignment without having to resort *314 to these particular provisions.

Brooks v. Isinghood

213 W. Va. 675 · West Virginia Supreme Court · Jun 27, 2003

one or more of the statutory exceptions in W.Va.Code, 29-12A-5(b) [1986] to employee immunity is present. … The district court *689 later dismissed the university, finding it was constitutionally immune.

John P.W. Ex Rel. Adam W. v. Dawn D.O.

214 W. Va. 702 · West Virginia Supreme Court · Dec 4, 2003

We review challenges to findings of fact under a clearly erroneous standard; conclusions of law are reviewed de novo. … Those persons qualifying as family or household members are defined in West Virginia Code § 48-27-204 (Supp.2003). 13 .

Zirkle v. Weinberger

401 F. Supp. 945 · District Court, N.D. West Virginia · Oct 16, 1975

Thus, the Court is in agreement with the Secretary’s conclusion that plaintiff can not qualify under the interim adjudicatory rules. The failure of a miner to qualify under the interim presumption in 20 C.F. … In conjunction with this section there are set out certain medical criteria which, if met, will qualify plaintiff to a finding of total disability due to pneumoconiosis.

Cork v. Cook

56 W. Va. 51 · West Virginia Supreme Court · Oct 18, 1904

The statement of quantity is distinctly qualified. The deed itself warns the purchaser that the statement of quantity is qualified; it tells him to look for himself as to quantity. It is a sale in gross. … The burden is on the vendee; but in doing so he can prove any antecedent declarations or action of the vendor to establish his fraudulent intent.

Doe v. American National Red Cross

151 F.R.D. 71 · District Court, S.D. West Virginia · Oct 6, 1993

Plaintiff Jason Doe is infected with the Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immune Deficiency Syndrome (AIDS). … These cases illustrate the difficulty in finding the Magistrate Judge’s ruling was clearly erroneous or contrary to law.

West Virginia Division of Environmental Protection v. Kingwood Coal Co.

200 W. Va. 734 · West Virginia Supreme Court · Jul 16, 1997

The principle of responsibility by a mineral owner coal company was established in our law in O’Dell v. … The classic “substantial evidence test,” which is taught in every administrative law class, could not be set out more clearly.