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  • Commentaries
  • Judgments

West Virginia Case Commentaries

Affirmation of Effective Counsel Under Strickland Standard in Habeas Corpus Relief: Vernatter v. Warden, West Virginia Penitentiary

Affirmation of Effective Counsel Under Strickland Standard in Habeas Corpus Relief: Vernatter v. Warden, West Virginia Penitentiary

Date: Dec 17, 1999
Affirmation of Effective Counsel Under Strickland Standard in Habeas Corpus Relief: Vernatter v. Warden, West Virginia Penitentiary Introduction The case of State of West Virginia ex rel. Roy David...
Affirmation of State Sovereign Immunity and Clarification on Insurance Coverage for Breach of Contract Claims in Arnold v. West Virginia Lottery Commission

Affirmation of State Sovereign Immunity and Clarification on Insurance Coverage for Breach of Contract Claims in Arnold v. West Virginia Lottery Commission

Date: Dec 14, 1999
Affirmation of State Sovereign Immunity and Clarification on Insurance Coverage for Breach of Contract Claims in Arnold v. West Virginia Lottery Commission Introduction The case of The Arnold Agency...
Ensuring Procedural Fairness in Parental Rights Termination: Analysis of In Re: Travis W. (206 W. Va. 478)

Ensuring Procedural Fairness in Parental Rights Termination: Analysis of In Re: Travis W. (206 W. Va. 478)

Date: Dec 8, 1999
Ensuring Procedural Fairness in Parental Rights Termination: Analysis of In Re: Travis W. (206 W. Va. 478) Introduction The case of In Re: Travis W. (206 W. Va. 478) is a seminal decision by the...
Former Foster Parents Lack Standing to Intervene in Abuse and Neglect Proceedings: West Virginia Supreme Court Affirms Denial

Former Foster Parents Lack Standing to Intervene in Abuse and Neglect Proceedings: West Virginia Supreme Court Affirms Denial

Date: Dec 4, 1999
Former Foster Parents Lack Standing to Intervene in Abuse and Neglect Proceedings: West Virginia Supreme Court Affirms Denial Introduction In the landmark case of In Re: Michael Ray T., Scottie Lee...
West Virginia Supreme Court Establishes Illegal Work Exception to Independent Contractor Defense in Wrongful Death Case

West Virginia Supreme Court Establishes Illegal Work Exception to Independent Contractor Defense in Wrongful Death Case

Date: Dec 4, 1999
West Virginia Supreme Court Establishes Illegal Work Exception to Independent Contractor Defense in Wrongful Death Case Introduction In the case of Lisa Sue King Shaffer, Administratrix and Personal...
West Virginia Supreme Court Upholds Cumulative Sentencing for Multiple Misdemeanor Convictions in Allen v. State

West Virginia Supreme Court Upholds Cumulative Sentencing for Multiple Misdemeanor Convictions in Allen v. State

Date: Nov 18, 1999
West Virginia Supreme Court Upholds Cumulative Sentencing for Multiple Misdemeanor Convictions in Allen v. State Introduction The case of State of West Virginia v. Henry Theodore Allen, II (208 W....
West Virginia Recognizes Common-Law Cause of Action for Anticipated Medical Monitoring Costs

West Virginia Recognizes Common-Law Cause of Action for Anticipated Medical Monitoring Costs

Date: Jul 20, 1999
West Virginia Recognizes Common-Law Cause of Action for Anticipated Medical Monitoring Costs Introduction In the landmark case of Bower et al. v. Westinghouse Electric Corporation, the Supreme Court...
Felony Murder in Drug Overdose Cases: Analysis of STATE OF WEST VIRGINIA v. JOHNNY RODOUSSAKIS

Felony Murder in Drug Overdose Cases: Analysis of STATE OF WEST VIRGINIA v. JOHNNY RODOUSSAKIS

Date: Dec 11, 1998
Felony Murder in Drug Overdose Cases: Analysis of STATE OF WEST VIRGINIA v. JOHNNY RODOUSSAKIS Introduction The case of State of West Virginia v. Johnny Rodoussakis, decided on December 10, 1998, by...
Interpretation of 'Preexisting Condition' in Long-Term Care Insurance: Wickland v. American Travellers

Interpretation of 'Preexisting Condition' in Long-Term Care Insurance: Wickland v. American Travellers

Date: Nov 5, 1998
Interpretation of 'Preexisting Condition' in Long-Term Care Insurance: Wickland v. American Travellers Introduction Wickland v. American Travellers Life Insurance Company is a pivotal case...
KESSEL v. LEAVITT: Establishing Parental Rights and Judicial Jurisdiction in Adoption Cases

KESSEL v. LEAVITT: Establishing Parental Rights and Judicial Jurisdiction in Adoption Cases

Date: Jul 23, 1998
KESSEL v. LEAVITT: Establishing Parental Rights and Judicial Jurisdiction in Adoption Cases Introduction In the landmark case of KESSEL v. LEAVITT, decided by the Supreme Court of Appeals of West...
Interpretation of Earth Movement Exclusions in Homeowner's Insurance Policies: Murray v. State Farm & Allstate

Interpretation of Earth Movement Exclusions in Homeowner's Insurance Policies: Murray v. State Farm & Allstate

Date: Jul 22, 1998
Interpretation of Earth Movement Exclusions in Homeowner's Insurance Policies: Murray v. State Farm & Allstate Introduction The case of Murray and Rees v. State Farm Fire and Casualty Company and...
Discretionary Bifurcation in First-Party Bad Faith Insurance Claims: Insights from Ira Light v. Allstate Insurance Company

Discretionary Bifurcation in First-Party Bad Faith Insurance Claims: Insights from Ira Light v. Allstate Insurance Company

Date: Jul 8, 1998
Discretionary Bifurcation in First-Party Bad Faith Insurance Claims: Insights from Ira Light v. Allstate Insurance Company Introduction Ira Light, et al., Plaintiffs Below, Respondents, v. Allstate...
WV Supreme Court Upholds One-Year Limitation for Multiple Line Fire Insurance Claims

WV Supreme Court Upholds One-Year Limitation for Multiple Line Fire Insurance Claims

Date: Jun 24, 1998
WV Supreme Court Upholds One-Year Limitation for Multiple Line Fire Insurance Claims Introduction In the case of Randall O. Sizemore and Teresa Sizemore v. State Farm General Insurance Company, the...
Adoption Preferred Over Permanent Foster Care in Termination of Parental Rights Cases

Adoption Preferred Over Permanent Foster Care in Termination of Parental Rights Cases

Date: Jun 23, 1998
Adoption Preferred Over Permanent Foster Care in Termination of Parental Rights Cases Introduction The case of State of West Virginia v. Michael M., II, and Angela H. consolidates three child abuse...
West Virginia Supreme Court Rules State Constitutional Free Speech Clause Non-Binding on Private Employers in Wrongful Termination Cases

West Virginia Supreme Court Rules State Constitutional Free Speech Clause Non-Binding on Private Employers in Wrongful Termination Cases

Date: May 22, 1998
West Virginia Supreme Court Rules State Constitutional Free Speech Clause Non-Binding on Private Employers in Wrongful Termination Cases Introduction In the landmark case of Betty A. TIERNAN v....
Intentional Infliction of Emotional Distress in Employment: Insights from Charles Travis v. Alcon Laboratories, Inc.

Intentional Infliction of Emotional Distress in Employment: Insights from Charles Travis v. Alcon Laboratories, Inc.

Date: May 22, 1998
Intentional Infliction of Emotional Distress in Employment: Insights from Charles Travis v. Alcon Laboratories, Inc. Introduction The case of Charles Travis v. Alcon Laboratories, Inc., adjudicated...
Establishing Waiver and Estoppel in Insurance Coverage Denial: Potesta v. US Fiduciary Guaranty Co.

Establishing Waiver and Estoppel in Insurance Coverage Denial: Potesta v. US Fiduciary Guaranty Co.

Date: May 16, 1998
Establishing Waiver and Estoppel in Insurance Coverage Denial: Potesta v. US Fidelity Guaranty Co. Introduction The case of Potesta, Keane, and Bossio Enterprises v. United States Fidelity Guaranty...
Reevaluation of Neglect Determination Standards: STATE v. Julie G.

Reevaluation of Neglect Determination Standards: STATE v. Julie G.

Date: Dec 18, 1997
Reevaluation of Neglect Determination Standards: STATE of West Virginia v. Julie G. Introduction In the landmark case of STATE of West Virginia v. Julie G., the Supreme Court of Appeals of West...
Mandatory Disclosure of Settlement Agreements and Reinforcement of Attorney's Duty of Candor: Syl v. A GUM

Mandatory Disclosure of Settlement Agreements and Reinforcement of Attorney's Duty of Candor: Syl v. A GUM

Date: Dec 9, 1997
Mandatory Disclosure of Settlement Agreements and Reinforcement of Attorney's Duty of Candor: Syl v. A GUM Introduction Sylvia Gum, acting as executrix for the estate of Charles Lee Gum, filed a...
Establishing the 'But For' Test in Uninsured Motorist and Medical Payments Coverage

Establishing the 'But For' Test in Uninsured Motorist and Medical Payments Coverage

Date: Dec 6, 1997
Establishing the 'But For' Test in Uninsured Motorist and Medical Payments Coverage Introduction The case of Vernon R. Hamric and Debra Hamric v. John Doe and State Farm Mutual Automobile Insurance...
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