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West Virginia Case Commentaries

Balancing Comity and Judicial Authority: Anti-Suit Injunctions in Interstate Insurance Coverage Disputes

Balancing Comity and Judicial Authority: Anti-Suit Injunctions in Interstate Insurance Coverage Disputes

Date: Nov 16, 2021
Balancing Comity and Judicial Authority: Anti-Suit Injunctions in Interstate Insurance Coverage Disputes Introduction The case of St. Paul Fire and Marine Insurance Company v. AmerisourceBergen Drug...
Impact of COVID-19 on Speedy Trial Rights: Analysis of STATE OF WEST VIRGINIA EX REL. PORTER v. FARRELL

Impact of COVID-19 on Speedy Trial Rights: Analysis of STATE OF WEST VIRGINIA EX REL. PORTER v. FARRELL

Date: Jun 4, 2021
Impact of COVID-19 on Speedy Trial Rights: Analysis of STATE OF WEST VIRGINIA EX REL. PORTER v. FARRELL (858 S.E.2d 897) Introduction The case STATE OF WEST VIRGINIA EX REL. PORTER v. FARRELL...
Addressing Rule 16 Violations: Insights from the Dissent in State v. Costello

Addressing Rule 16 Violations: Insights from the Dissent in State v. Costello

Date: Apr 3, 2021
Addressing Rule 16 Violations: Insights from the Dissent in State v. Costello Introduction State v. Costello, adjudicated by the Supreme Court of Appeals of West Virginia on April 2, 2021, presents a...
Enhanced Pleading Standards for Qualified Immunity: Analyzing WV Supreme Court's Decision in The West Virginia State Police v. J.H.

Enhanced Pleading Standards for Qualified Immunity: Analyzing WV Supreme Court's Decision in The West Virginia State Police v. J.H.

Date: Mar 30, 2021
Enhanced Pleading Standards for Qualified Immunity: Analyzing WV Supreme Court's Decision in The West Virginia State Police v. J.H. Introduction The case of The West Virginia State Police, Department...
Qualified Immunity for State Agencies in Environmental Negligence Cases: DEP v. Dotson et al.

Qualified Immunity for State Agencies in Environmental Negligence Cases: DEP v. Dotson et al.

Date: Mar 17, 2021
Qualified Immunity for State Agencies in Environmental Negligence Cases: DEP v. Dotson et al. Introduction In the landmark case West Virginia Department of Environmental Protection (DEP) v. Dotson,...
Clarifying Rule 12(b)(6): Proper Consideration of Extraneous Documents Under West Virginia Civil Procedure – Cavender v. City National Bank

Clarifying Rule 12(b)(6): Proper Consideration of Extraneous Documents Under West Virginia Civil Procedure – Cavender v. City National Bank

Date: Nov 21, 2020
Clarifying Rule 12(b)(6): Proper Consideration of Extraneous Documents Under West Virginia Civil Procedure – Cavender v. City National Bank Introduction MOUNTAINEER FIRE & RESCUE EQUIPMENT, LLC,...
Implied Covenants in Oil and Gas Leases: Clear Language Prevails

Implied Covenants in Oil and Gas Leases: Clear Language Prevails

Date: Nov 19, 2020
Implied Covenants in Oil and Gas Leases: Clear Language Prevails Introduction The case Ascent Resources - Marcellus, LLC v. Donald E. Huffman and Triple L Land and Mineral, LLC (851 S.E.2d 782)...
Clarification on DUI Blood Sample Testing and Due Process Rights under West Virginia Law

Clarification on DUI Blood Sample Testing and Due Process Rights under West Virginia Law

Date: Nov 17, 2020
Clarification on DUI Blood Sample Testing and Due Process Rights under West Virginia Law Introduction The case of Everett Frazier, Commissioner of the West Virginia Division of Motor Vehicles v. Gary...
Jurisdictional Constraints on DUI Arrests: West Virginia Supreme Court’s Landmark Decision

Jurisdictional Constraints on DUI Arrests: West Virginia Supreme Court’s Landmark Decision

Date: Nov 13, 2020
Jurisdictional Constraints on DUI Arrests: West Virginia Supreme Court’s Landmark Decision Introduction In the landmark case of E v. rett Frazier, Commissioner of The West Virginia Di, adjudicated by...
Mandatory Admission of DMV Records and Allocation of Burden for Witness Attendance: Frazier v. Fouch

Mandatory Admission of DMV Records and Allocation of Burden for Witness Attendance: Frazier v. Fouch

Date: Nov 7, 2020
Mandatory Admission of DMV Records and Allocation of Burden for Witness Attendance: Frazier v. Fouch Introduction The case of Everett Frazier, Commissioner of the West Virginia Division of Motor...
Establishing Parental Accountability in Abuse and Neglect Cases: Insights from In Re A.M. and N.M.

Establishing Parental Accountability in Abuse and Neglect Cases: Insights from In Re A.M. and N.M.

Date: Nov 6, 2020
Establishing Parental Accountability in Abuse and Neglect Cases: Insights from In Re A.M. and N.M. Introduction The case of In Re A.M. and N.M., decided by the Supreme Court of Appeals of West...
West Virginia's Jurisdictional Mandate in Minor Guardianship Cases: Insights from M.H. v. C.H. and B.H.

West Virginia's Jurisdictional Mandate in Minor Guardianship Cases: Insights from M.H. v. C.H. and B.H.

Date: Nov 21, 2019
West Virginia's Jurisdictional Mandate in Minor Guardianship Cases: Insights from M.H. v. C.H. and B.H. Introduction In the case of M.H., Petitioner v. C.H. and B.H., Respondents (835 S.E.2d 171),...
Affirmation of First-Degree Robbery Conviction: Proper Application of Rule 404(b) and Limits on Mistrial in West Virginia Supreme Court

Affirmation of First-Degree Robbery Conviction: Proper Application of Rule 404(b) and Limits on Mistrial in West Virginia Supreme Court

Date: Nov 9, 2019
Affirmation of First-Degree Robbery Conviction: Proper Application of Rule 404(b) and Limits on Mistrial in West Virginia Supreme Court Introduction In the case of State of West Virginia v. Michael...
Qualified Immunity and Procedural Due Process: Insights from Dawson v. West Virginia DNR

Qualified Immunity and Procedural Due Process: Insights from Dawson v. West Virginia DNR

Date: Jun 4, 2019
Qualified Immunity and Procedural Due Process: Insights from Dawson v. West Virginia DNR Introduction In the landmark case of Dawson v. West Virginia Division of Natural Resources (DNR), the Supreme...
Right to Direct Appeal in Managed Timberland Certification: West Virginia Supreme Court Upholds Due Process in Penn Virginia v. Yokum

Right to Direct Appeal in Managed Timberland Certification: West Virginia Supreme Court Upholds Due Process in Penn Virginia v. Yokum

Date: Mar 20, 2019
Right to Direct Appeal in Managed Timberland Certification: West Virginia Supreme Court Upholds Due Process in Penn Virginia v. Yokum Introduction The case of Penn Virginia Operating Co., LLC v....
Adjudicatory Proceedings in Child Welfare Cases Posthumous Death: Insights from In Re I.M.K.

Adjudicatory Proceedings in Child Welfare Cases Posthumous Death: Insights from In Re I.M.K.

Date: Jun 5, 2018
Adjudicatory Proceedings in Child Welfare Cases Posthumous Death: Insights from In Re I.M.K. Introduction The case of In Re I.M.K. (No. 17-0989), adjudicated by the Supreme Court of Appeals of West...
Supreme Court of Appeals of West Virginia Establishes Jurisdictional Precedent in Guardianship Cases Involving Abuse and Neglect

Supreme Court of Appeals of West Virginia Establishes Jurisdictional Precedent in Guardianship Cases Involving Abuse and Neglect

Date: May 11, 2018
Supreme Court of Appeals of West Virginia Establishes Jurisdictional Precedent in Guardianship Cases Involving Abuse and Neglect Introduction The case of In re Guardianship of K.W., M.W., and A.W....
Affirmation of Parental Rights Termination Without Improvement Period: In re H.C., West Virginia Supreme Court of Appeals

Affirmation of Parental Rights Termination Without Improvement Period: In re H.C., West Virginia Supreme Court of Appeals

Date: Feb 24, 2018
Affirmation of Parental Rights Termination Without Improvement Period: In re H.C., West Virginia Supreme Court of Appeals Introduction The case of In re H.C. addresses the critical issue of parental...
Balancing Grandparent Preference and Child's Best Interests: A Comprehensive Analysis of In Re K.E. & K.E.

Balancing Grandparent Preference and Child's Best Interests: A Comprehensive Analysis of In Re K.E. & K.E.

Date: Feb 21, 2018
Balancing Grandparent Preference and Child's Best Interests: A Comprehensive Analysis of In Re K.E. & K.E. Introduction In Re K.E. & K.E. (809 S.E.2d 531) is a landmark case adjudicated by the...
Qualified Immunity Affirmed for Child Protective Services in West Virginia

Qualified Immunity Affirmed for Child Protective Services in West Virginia

Date: Feb 1, 2018
Qualified Immunity Affirmed for Child Protective Services in West Virginia Introduction The case of Bill J. Crouch v. Eric Gillispie (809 S.E.2d 699) adjudicated by the Supreme Court of Appeals of...
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