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West Virginia Case Commentaries

West Virginia Supreme Court Establishes Separate Jurisdictions for Domestic Violence and Abuse/Neglect Actions

West Virginia Supreme Court Establishes Separate Jurisdictions for Domestic Violence and Abuse/Neglect Actions

Date: Feb 22, 2014
West Virginia Supreme Court Establishes Separate Jurisdictions for Domestic Violence and Abuse/Neglect Actions Introduction The case In re B.C. (755 S.E.2d 664) addressed crucial issues concerning...
In re B.H. and S.S.: Reinforcing the Primacy of Child's Best Interests in Custody Determinations

In re B.H. and S.S.: Reinforcing the Primacy of Child's Best Interests in Custody Determinations

Date: Feb 6, 2014
In re B.H. and S.S.: Reinforcing the Primacy of Child's Best Interests in Custody Determinations Introduction The case of In re B.H. and S.S. (754 S.E.2d 743) adjudicated by the Supreme Court of...
Modification of Custody Based on Substantial Change in Circumstances: Amanda A. v. Kevin T.

Modification of Custody Based on Substantial Change in Circumstances: Amanda A. v. Kevin T.

Date: Nov 7, 2013
Modification of Custody Based on Substantial Change in Circumstances: Amanda A. v. Kevin T. Introduction Amanda A. v. Kevin T. is a pivotal case adjudicated by the Supreme Court of Appeals of West...
Multiplex, Inc. v. Town of Clay: New Standards for Injunction Bond Forfeiture and Attorney Fees in West Virginia

Multiplex, Inc. v. Town of Clay: New Standards for Injunction Bond Forfeiture and Attorney Fees in West Virginia

Date: Oct 5, 2013
Multiplex, Inc. v. Town of Clay: New Standards for Injunction Bond Forfeiture and Attorney Fees in West Virginia Introduction In Multiplex, Inc., a West Virginia Corporation, Art R. Poff and Pamela...
Establishing Qualified Immunity for State Health Departments: A Comprehensive Analysis of the West Virginia DHHR v. Payne Decision

Establishing Qualified Immunity for State Health Departments: A Comprehensive Analysis of the West Virginia DHHR v. Payne Decision

Date: Jun 13, 2013
Establishing Qualified Immunity for State Health Departments: A Comprehensive Analysis of the West Virginia DHHR v. Payne Decision Introduction The case of The West Virginia Department of Health and...
Requirement of Prejudice for New Trial When Using Peremptory Strikes: West Virginia Overrules Phillips

Requirement of Prejudice for New Trial When Using Peremptory Strikes: West Virginia Overrules Phillips

Date: Jun 6, 2013
Requirement of Prejudice for New Trial When Using Peremptory Strikes: West Virginia Overrules Phillips Introduction The case of State of West Virginia v. Timothy Ray Sutherland (745 S.E.2d 448, 2013)...
Reinforcement of Child Welfare Prioritization and Custodial Review Standards: In re Timber M. and Reuben M.

Reinforcement of Child Welfare Prioritization and Custodial Review Standards: In re Timber M. and Reuben M.

Date: Jun 6, 2013
Reinforcement of Child Welfare Prioritization and Custodial Review Standards: In re Timber M. and Reuben M. Introduction In the case of In re Timber M. and Reuben M. (743 S.E.2d 352), the Supreme...
Affirmation of Evidentiary Standards in Murder Proceedings: Admissibility of Polygraph and Psychologist Testimony in West Virginia

Affirmation of Evidentiary Standards in Murder Proceedings: Admissibility of Polygraph and Psychologist Testimony in West Virginia

Date: May 17, 2013
Affirmation of Evidentiary Standards in Murder Proceedings: Admissibility of Polygraph and Psychologist Testimony in West Virginia Introduction In the landmark case of State of West Virginia v. James...
Clarification of Income Attribution Standards in Child Support Cases: Melinda H. v. William R., II

Clarification of Income Attribution Standards in Child Support Cases: Melinda H. v. William R., II

Date: Apr 20, 2013
Clarification of Income Attribution Standards in Child Support Cases: Melinda H. v. William R., II Introduction The case of Melinda H. v. William R., II (230 W. Va. 731, 2013) adjudicated by the...
Strict Compliance for Rule 404(b) Admissibility Established in West Virginia Supreme Court's Decision in STATE v. JONATHAN B.

Strict Compliance for Rule 404(b) Admissibility Established in West Virginia Supreme Court's Decision in STATE v. JONATHAN B.

Date: Nov 21, 2012
Strict Compliance for Rule 404(b) Admissibility Established in West Virginia Supreme Court's Decision in STATE v. JONATHAN B. Introduction In the landmark case of STATE of West Virginia v. JONATHAN...
Clarifying Mutual Consideration and Unconscionability in Arbitration Clauses: Dan Ryan Builders v. Nelson

Clarifying Mutual Consideration and Unconscionability in Arbitration Clauses: Dan Ryan Builders v. Nelson

Date: Nov 16, 2012
Clarifying Mutual Consideration and Unconscionability in Arbitration Clauses: Dan Ryan Builders v. Nelson Introduction The case of Dan Ryan Builders, Incorporated v. Norman C. Nelson and Angelia...
Interpretation of WV Code § 23–4–16(d): Lowe's Involvement in PTD Reevaluation Clarified

Interpretation of WV Code § 23–4–16(d): Lowe's Involvement in PTD Reevaluation Clarified

Date: Nov 15, 2012
Interpretation of WV Code § 23–4–16(d): Lowe's Involvement in PTD Reevaluation Clarified Introduction In the landmark case of Roy Justice v. West Virginia Office Insurance Commission and Lowe's Home...
Limitation of Medicaid Subrogation: West Virginia Supreme Court Preempts W.Va.Code § 9–5–11 to Restrict Reimbursement to Past Medical Expenses

Limitation of Medicaid Subrogation: West Virginia Supreme Court Preempts W.Va.Code § 9–5–11 to Restrict Reimbursement to Past Medical Expenses

Date: Jun 22, 2012
Limitation of Medicaid Subrogation: West Virginia Supreme Court Preempts W.Va.Code § 9–5–11 to Restrict Reimbursement to Past Medical Expenses Introduction The case of In re E.B., A Minor, examined...
West Virginia Upholds Constitutional Validity of Damages Caps in Medical Malpractice Cases

West Virginia Upholds Constitutional Validity of Damages Caps in Medical Malpractice Cases

Date: Jun 23, 2011
West Virginia Upholds Constitutional Validity of Damages Caps in Medical Malpractice Cases Introduction In the landmark case of James D. MacDonald and Debbie MacDonald, His Wife, Appellants v. City...
Admissibility of Personal Diaries in Criminal Trials: A Comprehensive Analysis of State v. Kaufman

Admissibility of Personal Diaries in Criminal Trials: A Comprehensive Analysis of State v. Kaufman

Date: Jun 23, 2011
Admissibility of Personal Diaries in Criminal Trials: A Comprehensive Analysis of State of West Virginia v. Kaufman Introduction The case of State of West Virginia v. David Wayne Kaufman (711 S.E.2d...
Best Interests of the Child Over Grandparent Preference: Analysis of In Re: Hunter H. (715 S.E.2d 397)

Best Interests of the Child Over Grandparent Preference: Analysis of In Re: Hunter H. (715 S.E.2d 397)

Date: Jun 15, 2011
Best Interests of the Child Over Grandparent Preference: Analysis of In Re: Hunter H. (715 S.E.2d 397) Introduction In the case of In Re: Hunter H., 715 S.E.2d 397, the Supreme Court of Appeals of...
Termination of Parental Rights: Supreme Court of Appeals Reverses Lower Court Decision in In Re: Kristin Y., et al.

Termination of Parental Rights: Supreme Court of Appeals Reverses Lower Court Decision in In Re: Kristin Y., et al.

Date: Jun 15, 2011
Termination of Parental Rights: Supreme Court of Appeals Reverses Lower Court Decision in In Re: Kristin Y., et al. Introduction The case of In Re: Kristin Y., Arther Y., Scharlotte Y., and William...
West Virginia Supreme Court Sets Precedent on Standing in Discrimination Challenges under WVDVA

West Virginia Supreme Court Sets Precedent on Standing in Discrimination Challenges under WVDVA

Date: May 27, 2011
West Virginia Supreme Court Sets Precedent on Standing in Discrimination Challenges under WVDVA Introduction The case of Men Women Against Discrimination v. The Family Protection Services Board (725...
Affirmation of Legal Standards in Acquittal, Miranda Rights, Juror Bias, and Mercy Instructions: State v. Juntilla

Affirmation of Legal Standards in Acquittal, Miranda Rights, Juror Bias, and Mercy Instructions: State v. Juntilla

Date: May 18, 2011
Affirmation of Legal Standards in Acquittal, Miranda Rights, Juror Bias, and Mercy Instructions: State v. Juntilla Introduction In the case of State of West Virginia v. Anthony Charles Juntilla (711...
Affirmation of West Virginia Code §62-12-26: Upholding Supervised Release for Sex Offenders

Affirmation of West Virginia Code §62-12-26: Upholding Supervised Release for Sex Offenders

Date: May 3, 2011
Affirmation of West Virginia Code §62-12-26: Upholding Supervised Release for Sex Offenders Introduction The case of STATE OF WEST VIRGINIA v. CHARLES J. JAMES et al. (710 S.E.2d 98) presents a...
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