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  • Commentaries
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West Virginia Case Commentaries

Due Process and Separation of Powers in Custody Proceedings: Insights from In re: D.H., M.H. & J.S.

Due Process and Separation of Powers in Custody Proceedings: Insights from In re: D.H., M.H. & J.S.

Date: Nov 19, 2024
Due Process and Separation of Powers in Custody Proceedings: Insights from In re: D.H., M.H. & J.S. Introduction In re: D.H., M.H. & J.S. is a significant case adjudicated by the State of West...
Implied Duty to Market and Post-Production Cost Deductions in In-Kind Oil and Gas Leases: Analysis of Kaess v. BB Land, LLC

Implied Duty to Market and Post-Production Cost Deductions in In-Kind Oil and Gas Leases: Analysis of Kaess v. BB Land, LLC

Date: Nov 19, 2024
Implied Duty to Market and Post-Production Cost Deductions in In-Kind Oil and Gas Leases: Analysis of Kaess v. BB Land, LLC Introduction The legal landscape surrounding oil and gas leases is complex,...
Strengthening the Admissibility Standards for Rule 404(b) Evidence in Child Sexual Abuse Cases: Analysis of STATE OF WEST VIRGINIA v. KEITH JASON WALKER

Strengthening the Admissibility Standards for Rule 404(b) Evidence in Child Sexual Abuse Cases: Analysis of STATE OF WEST VIRGINIA v. KEITH JASON WALKER

Date: Nov 19, 2024
Strengthening the Admissibility Standards for Rule 404(b) Evidence in Child Sexual Abuse Cases: Analysis of STATE OF WEST VIRGINIA v. KEITH JASON WALKER Introduction The case of State of West...
Reaffirmation of Standards for Adjudicating Child Abuse and Neglect Cases in West Virginia

Reaffirmation of Standards for Adjudicating Child Abuse and Neglect Cases in West Virginia

Date: Nov 19, 2024
Reaffirmation of Standards for Adjudicating Child Abuse and Neglect Cases in West Virginia: In Re B.L.-1, B.L.-2, K.L., M.L., and M.S. Introduction The case of In Re B.L.-1, B.L.-2, K.L., M.L., and...
Dismissal of WVSSAC Appeal as Moot Following Rule Amendment

Dismissal of WVSSAC Appeal as Moot Following Rule Amendment

Date: Nov 19, 2024
Dismissal of WVSSAC Appeal as Moot Following Rule Amendment Introduction The case of West Virginia Secondary School Activities Commission (WVSSAC) v. David D. and Elizabeth D. involves a legal...
Affirmation of Parental Rights Termination in In re R.H.: Legal Implications and Future Directions

Affirmation of Parental Rights Termination in In re R.H.: Legal Implications and Future Directions

Date: Aug 8, 2024
Affirmation of Parental Rights Termination in In re R.H.: Legal Implications and Future Directions Introduction In re R.H., adjudicated by the Supreme Court of Appeals of West Virginia on August 7,...
Ruble v. Rust-Oleum: West Virginia Supreme Court Clarifies Collateral Estoppel in Workers' Compensation and Civil Litigation

Ruble v. Rust-Oleum: West Virginia Supreme Court Clarifies Collateral Estoppel in Workers' Compensation and Civil Litigation

Date: Jun 13, 2024
Ruble v. Rust-Oleum: West Virginia Supreme Court Clarifies Collateral Estoppel in Workers' Compensation and Civil Litigation Introduction In the landmark case of Michael D. Ruble and Brenda K. Ruble...
Enhanced Requirements for Grandparental Adoption in West Virginia Child Abuse and Neglect Proceedings

Enhanced Requirements for Grandparental Adoption in West Virginia Child Abuse and Neglect Proceedings

Date: Jun 13, 2024
Enhanced Requirements for Grandparental Adoption in West Virginia Child Abuse and Neglect Proceedings Introduction The case In re M.F. III (902 S.E.2d 887), adjudicated by the West Virginia Supreme...
West Virginia Supreme Court Reinforces Burden-Shifting Framework in Retaliation and Whistleblower Claims Under the HRA

West Virginia Supreme Court Reinforces Burden-Shifting Framework in Retaliation and Whistleblower Claims Under the HRA

Date: Apr 12, 2024
West Virginia Supreme Court Reinforces Burden-Shifting Framework in Retaliation and Whistleblower Claims Under the HRA Introduction In the case of Jay Longerbeam and Donald Buracker v. Shepherd...
Affirmation of Parental Rights Termination in In re M.F.-1, M.F.-2, and M.F.-3

Affirmation of Parental Rights Termination in In re M.F.-1, M.F.-2, and M.F.-3

Date: Mar 21, 2024
Affirmation of Parental Rights Termination in In re M.F.-1, M.F.-2, and M.F.-3 Introduction The case of In re M.F.-1, M.F.-2, and M.F.-3 represents a significant decision by the West Virginia Supreme...
Affirmation of Parental Rights Termination in Child Sexual Abuse Cases: In re E.A.-1, J.A., Jr., and E.A.-2

Affirmation of Parental Rights Termination in Child Sexual Abuse Cases: In re E.A.-1, J.A., Jr., and E.A.-2

Date: Feb 14, 2024
Affirmation of Parental Rights Termination in Child Sexual Abuse Cases: In re E.A.-1, J.A., Jr., and E.A.-2 Introduction The case of In re E.A.-1, J.A., Jr., and E.A.-2 was adjudicated by the West...
Timeliness of Occupational Pneumoconiosis Claims: Argus Energy, LLC v. Clifford Marenko

Timeliness of Occupational Pneumoconiosis Claims: Argus Energy, LLC v. Clifford Marenko

Date: May 2, 2023
Timeliness of Occupational Pneumoconiosis Claims: Argus Energy, LLC v. Clifford Marenko Introduction The case of Argus Energy, LLC v. Clifford Marenko revolves around the timeliness of a claim for...
Harmless Error Doctrine Applied to Constitutional Rights in West Virginia Supreme Court Decision: State of West Virginia v. Aaron Glenn Hoard

Harmless Error Doctrine Applied to Constitutional Rights in West Virginia Supreme Court Decision: State of West Virginia v. Aaron Glenn Hoard

Date: Apr 29, 2023
Harmless Error Doctrine Applied to Constitutional Rights in West Virginia Supreme Court Decision: State of West Virginia v. Aaron Glenn Hoard 1. Introduction In the landmark case State of West...
Termination of Parental Rights in Cases of Sexual Abuse: Analysis of In re H.S.

Termination of Parental Rights in Cases of Sexual Abuse: Analysis of In re H.S.

Date: Mar 8, 2023
Termination of Parental Rights in Cases of Sexual Abuse: Analysis of In re H.S. Introduction The case of In re H.S., adjudicated by the Supreme Court of Appeals of West Virginia on March 7, 2023,...
West Virginia Supreme Court Upholds WVSSAC Residence-Transfer Rule Against Preliminary Injunction

West Virginia Supreme Court Upholds WVSSAC Residence-Transfer Rule Against Preliminary Injunction

Date: Nov 2, 2022
West Virginia Supreme Court Upholds WVSSAC Residence-Transfer Rule Against Preliminary Injunction Introduction The case of State of West Virginia ex rel. West Virginia Secondary School Activities...
Time in Foster Care Alone Insufficient for Termination of Parental Rights: In Re C.S. and B.S.

Time in Foster Care Alone Insufficient for Termination of Parental Rights: In Re C.S. and B.S.

Date: Jun 16, 2022
Time in Foster Care Alone Insufficient for Termination of Parental Rights: In Re C.S. and B.S. Introduction The case of In Re C.S. and B.S. (875 S.E.2d 350) adjudicated by the West Virginia Supreme...
Clarifying Royalty Deductions: Upholding the Marketable Product Rule in SWN Production Co. v. Kellam

Clarifying Royalty Deductions: Upholding the Marketable Product Rule in SWN Production Co. v. Kellam

Date: Jun 15, 2022
Clarifying Royalty Deductions: Upholding the Marketable Product Rule in SWN Production Co. v. Kellam Introduction The case of SWN Production Company, LLC, and Equinor USA Onshore Properties Inc. v....
Balancing Qualified Immunity and Public Accountability: Lessons from Ayersman v. Wratchford

Balancing Qualified Immunity and Public Accountability: Lessons from Ayersman v. Wratchford

Date: May 21, 2022
Balancing Qualified Immunity and Public Accountability: Lessons from Ayersman v. Wratchford Introduction Ayersman v. Wratchford is a landmark case adjudicated by the Supreme Court of Appeals of West...
Strengthening Due Process in Terminating Parental Rights: Insights from In Re K. S., B. M., and O. S.

Strengthening Due Process in Terminating Parental Rights: Insights from In Re K. S., B. M., and O. S.

Date: Apr 27, 2022
Strengthening Due Process in Terminating Parental Rights: Insights from In Re K. S., B. M., and O. S. Introduction The landmark decision in In Re K. S., B. M., and O. S. (874 S.E.2d 319) rendered by...
Incurred Medical Expenses: West Virginia Sets Clear Precedent in Auto Insurance Claims

Incurred Medical Expenses: West Virginia Sets Clear Precedent in Auto Insurance Claims

Date: Apr 26, 2022
Incurred Medical Expenses: West Virginia Sets Clear Precedent in Auto Insurance Claims Introduction In the landmark case of AUTO CLUB PROPERTY CASUALTY INSURANCE CO., Petitioner, v. JESSICA A. MOSER,...
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