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  • Commentaries
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West Virginia Case Commentaries

Purely Economic Loss Outside the MPLA: The New Limiting Principle in Neidig v. Valley Health System

Purely Economic Loss Outside the MPLA: The New Limiting Principle in Neidig v. Valley Health System

Date: Jun 11, 2025
Purely Economic Loss Outside the MPLA: The New Limiting Principle in Neidig v. Valley Health System Introduction In Elaine Neidig v. Valley Health System, the Supreme Court of West Virginia...
“One Damage Requirement, Two Causes of Action” – Neidig v. Valley Health System and the Unified Injury Prerequisite under West Virginia’s MPLA

“One Damage Requirement, Two Causes of Action” – Neidig v. Valley Health System and the Unified Injury Prerequisite under West Virginia’s MPLA

Date: Jun 11, 2025
“One Damage Requirement, Two Causes of Action” – Neidig v. Valley Health System and the Unified Injury Prerequisite under West Virginia’s Medical Professional Liability Act Introduction Elaine Neidig...
“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia

“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia

Date: Jun 11, 2025
“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia Introduction In In re Petition for Reinstatement of Edward Raymond Kohout, the Supreme...
State v. Smith (2025): Re-Drawing the Line – No Jury Instructions on Parole Eligibility When Juvenile Defendants Automatically Receive Mercy

State v. Smith (2025): Re-Drawing the Line – No Jury Instructions on Parole Eligibility When Juvenile Defendants Automatically Receive Mercy

Date: Jun 11, 2025
State v. Smith (2025): Re-Drawing the Line – No Jury Instructions on Parole Eligibility When Juvenile Defendants Automatically Receive Mercy 1. Introduction Court: Supreme Court of Appeals of West...
Parole-Eligibility Instructions & the Limits of the Invited-Error Doctrine: Commentary on State of West Virginia v. Gavin Blaine Smith

Parole-Eligibility Instructions & the Limits of the Invited-Error Doctrine: Commentary on State of West Virginia v. Gavin Blaine Smith

Date: Jun 11, 2025
Parole-Eligibility Instructions & the Limits of the Invited-Error Doctrine: A Comprehensive Commentary on State of West Virginia v. Gavin Blaine Smith 1. Introduction In State of West Virginia v....
Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims

Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims

Date: Jun 10, 2025
Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims Introduction This commentary examines the West Virginia Supreme Court decision in Caitlin R. Workman...
Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases

Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases

Date: Jun 10, 2025
Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases Introduction In Francis Kaess v. BB Land, LLC, the Supreme Court of Appeals of West Virginia...
Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases

Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases

Date: Jun 10, 2025
Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases Introduction In Francis Kaess v. BB Land, LLC (No. 23-522), the Supreme Court of West...
Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases

Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases

Date: Jun 10, 2025
Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases Introduction Francis Kaess v. BB Land, LLC, decided by the Supreme Court of Appeals of West Virginia...
Reinforcing Grandparent Placement Statutory Findings: In re A.F.

Reinforcing Grandparent Placement Statutory Findings: In re A.F.

Date: Jun 10, 2025
Reinforcing Grandparent Placement Statutory Findings: In re A.F. Introduction In In re A.F., the Supreme Court of Appeals of West Virginia addressed whether a circuit court must expressly consider...
Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations

Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations

Date: Jun 10, 2025
Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations Introduction In re A.F. (No. 23-698) is a 2025 Supreme Court of West Virginia decision...
In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations

In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations

Date: Jun 10, 2025
In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations Introduction In In re M.N., 2025 WL ___ (W. Va. June 6, 2025), the Supreme Court of...
Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte

Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte

Date: Jun 10, 2025
Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte Introduction In Lawyer Disciplinary Board v. Scott A. Curnutte, 2025...
Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays

Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays

Date: Jun 10, 2025
Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays Introduction In the disciplinary matter Lawyer Disciplinary Board v. Scott A. Curnutte, No. 23-746 (W. Va....
Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions

Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions

Date: Jun 10, 2025
Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions Introduction State of West Virginia v. Deliezha Davonte Gravely (No. 23-189, filed...
State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence

State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence

Date: Jun 10, 2025
State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence Introduction State of West Virginia v. Joseph Wayne Mason (No. 22-674, decided June 6, 2025) is...
State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials

State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials

Date: Jun 10, 2025
State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials Introduction In State of West Virginia v....
In re C.N. et al.: Mandating Specific Factual Findings and Proper Dispositional Standards in Child Abuse and Neglect Proceedings

In re C.N. et al.: Mandating Specific Factual Findings and Proper Dispositional Standards in Child Abuse and Neglect Proceedings

Date: Jun 10, 2025
In re C.N., D.N., H.N-1, I.P. & H.N-2: Mandating Specific Factual Findings and Proper Dispositional Standards in Child Abuse & Neglect Proceedings Introduction In this appeal, the Supreme Court of...
No Duty of West Virginia DHS to Fund Services for Children under Private Guardianship Absent Statutory Authority

No Duty of West Virginia DHS to Fund Services for Children under Private Guardianship Absent Statutory Authority

Date: Jun 10, 2025
No Duty of West Virginia DHS to Fund Services for Children under Private Guardianship Absent Statutory Authority Introduction State ex rel. West Virginia Department of Human Services v. The Honorable...
Defendant’s Burden and Prosecutorial Storytelling: Clarifications under the Plain Error Doctrine

Defendant’s Burden and Prosecutorial Storytelling: Clarifications under the Plain Error Doctrine

Date: Jun 3, 2025
Defendant’s Burden and Prosecutorial Storytelling: Clarifications under the Plain Error Doctrine Introduction This commentary examines the concurring opinion in State of West Virginia v. David Hunter...
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