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  • Commentaries
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West Virginia Case Commentaries

Res Judicata Doctrine Not Applicable in Fraud Claims: Blake v. Charleston Area Medical Center

Res Judicata Doctrine Not Applicable in Fraud Claims: Blake v. Charleston Area Medical Center

Date: Nov 26, 1997
Res Judicata Doctrine Not Applicable in Fraud Claims: Blake v. Charleston Area Medical Center Introduction In the landmark case of Blake v. Charleston Area Medical Center, Inc., the Supreme Court of...
Affirmation of Restitution to Insurance Companies as Victims under West Virginia Victim Protection Act

Affirmation of Restitution to Insurance Companies as Victims under West Virginia Victim Protection Act

Date: Nov 21, 1997
Affirmation of Restitution to Insurance Companies as Victims under West Virginia Victim Protection Act Introduction In the landmark case of State of West Virginia v. Gary Michael Lucas (201 W. Va....
Adultery as Grounds for Divorce and Custody Determination: Insights from Michael D.C. v. Wanda L.C.

Adultery as Grounds for Divorce and Custody Determination: Insights from Michael D.C. v. Wanda L.C.

Date: Oct 25, 1997
Adultery as Grounds for Divorce and Custody Determination: Insights from Michael D.C. v. Wanda L.C. Introduction In the case of Michael D.C., Plaintiff Below, Appellee versus Wanda L.C., Defendant...
Statute of Limitations: Insights from Joseph Larry Walker v. West Virginia Ethics Commission

Statute of Limitations: Insights from Joseph Larry Walker v. West Virginia Ethics Commission

Date: Jul 16, 1997
Statute of Limitations: Insights from Joseph Larry Walker v. West Virginia Ethics Commission Introduction Joseph Larry Walker v. West Virginia Ethics Commission is a pivotal case adjudicated by the...
State of West Virginia ex rel. Diva P. v. Judge Kaufman: Defining Prosecutorial Roles in Civil Abuse Proceedings

State of West Virginia ex rel. Diva P. v. Judge Kaufman: Defining Prosecutorial Roles in Civil Abuse Proceedings

Date: Jul 12, 1997
State of West Virginia ex rel. Diva P. v. Judge Kaufman: Defining Prosecutorial Roles in Civil Abuse Proceedings Introduction The case of State of West Virginia ex rel. Diva P., and the State of West...
Clear and Convincing Evidence in Child Abuse and Neglect Proceedings: In re Joseph A. and Justin A.

Clear and Convincing Evidence in Child Abuse and Neglect Proceedings: In re Joseph A. and Justin A.

Date: Mar 27, 1997
Clear and Convincing Evidence in Child Abuse and Neglect Proceedings: In re Joseph A. and Justin A. Introduction The case of In re Joseph A. and Justin A. revolves around the adjudication of child...
Deficiency Judgment Proceedings and Foreclosure Sale Valuation: Insights from Fayette County National Bank v. Lillys

Deficiency Judgment Proceedings and Foreclosure Sale Valuation: Insights from Fayette County National Bank v. Lillys

Date: Mar 15, 1997
Deficiency Judgment Proceedings and Foreclosure Sale Valuation: Insights from Fayette County National Bank v. Lillys Introduction The case of Fayette County National Bank v. Gary C. Lilly, et al....
Gaither v. City Hospital: Expanding the Discovery Rule in Medical Malpractice

Gaither v. City Hospital: Expanding the Discovery Rule in Medical Malpractice

Date: Feb 25, 1997
Gaither v. City Hospital: Expanding the Discovery Rule in Medical Malpractice Introduction Gaither v. City Hospital, 199 W. Va. 706 (1997), is a pivotal case decided by the Supreme Court of Appeals...
West Virginia Supreme Court Rules UCC Amendments Not Retroactive; Clarifies Bank's Duty for Commercial Reasonableness in Public Citizen, Inc. v. First National Bank in Fairmont

West Virginia Supreme Court Rules UCC Amendments Not Retroactive; Clarifies Bank's Duty for Commercial Reasonableness in Public Citizen, Inc. v. First National Bank in Fairmont

Date: Dec 6, 1996
West Virginia Supreme Court Rules UCC Amendments Not Retroactive; Clarifies Bank's Duty for Commercial Reasonableness in Public Citizen, Inc. v. First National Bank in Fairmont Introduction The case...
West Virginia Supreme Court Rules UCC Amendments Not Retroactive; Clarifies Bank's Duty for Commercial Reasonableness in Public Citizen, Inc. v. First National Bank in Fairmont

West Virginia Supreme Court Rules UCC Amendments Not Retroactive; Clarifies Bank's Duty for Commercial Reasonableness in Public Citizen, Inc. v. First National Bank in Fairmont

Date: Dec 6, 1996
West Virginia Supreme Court Rules UCC Amendments Not Retroactive; Clarifies Bank's Duty for Commercial Reasonableness in Public Citizen, Inc. v. First National Bank in Fairmont Introduction The case...
Conrad v. ARA Szabo: Establishing Employer Liability for Sexual Harassment under the West Virginia Human Rights Act

Conrad v. ARA Szabo: Establishing Employer Liability for Sexual Harassment under the West Virginia Human Rights Act

Date: Dec 6, 1996
Conrad v. ARA Szabo: Establishing Employer Liability for Sexual Harassment under the West Virginia Human Rights Act Introduction In the landmark case Belinda Conrad v. ARA Szabo, The West Virginia...
Limitations on Administrative Subpoenas: Insights from STATE of West Virginia ex rel. Katherine Anne HOOVER, M.D. v. Honorable Irene C. BERGER

Limitations on Administrative Subpoenas: Insights from STATE of West Virginia ex rel. Katherine Anne HOOVER, M.D. v. Honorable Irene C. BERGER

Date: Nov 16, 1996
Limitations on Administrative Subpoenas: Insights from STATE of West Virginia ex rel. Katherine Anne HOOVER, M.D. v. Honorable Irene C. BERGER Introduction The case of STATE of West Virginia ex rel....
Municipal Immunity in Building Permit Delays Confirmed in Hutchison v. City of Huntington

Municipal Immunity in Building Permit Delays Confirmed in Hutchison v. City of Huntington

Date: Nov 16, 1996
Municipal Immunity in Building Permit Delays Confirmed in Hutchison v. City of Huntington Introduction The case of Scott Hutchison v. The City of Huntington, decided by the Supreme Court of Appeals...
Clarifying Governmental Immunity and Insurance Coverage in Parkulo v. West Virginia Board of Probation and Parole

Clarifying Governmental Immunity and Insurance Coverage in Parkulo v. West Virginia Board of Probation and Parole

Date: Nov 16, 1996
Clarifying Governmental Immunity and Insurance Coverage in Parkulo v. West Virginia Board of Probation and Parole Introduction In Chandra K. Parkulo v. West Virginia Board of Probation and Parole,...
Preservation of Jurisdiction in Delayed Rule 35(b) Motions: State v. Head

Preservation of Jurisdiction in Delayed Rule 35(b) Motions: State v. Head

Date: Nov 15, 1996
Preservation of Jurisdiction in Delayed Rule 35(b) Motions: State of West Virginia v. Head Introduction In State of West Virginia v. Michael Head, 198 W. Va. 298 (1996), the Supreme Court of Appeals...
Affirmation of Parental Rights Termination with Mandate for Post-Termination Visitation Consideration in In re Katie S. and David S.

Affirmation of Parental Rights Termination with Mandate for Post-Termination Visitation Consideration in In re Katie S. and David S.

Date: Nov 15, 1996
Affirmation of Parental Rights Termination with Mandate for Post-Termination Visitation Consideration in In re Katie S. and David S. Introduction In re Katie S. and David S. (198 W. Va. 79) is a...
Unconsciousness as a Distinct Defense in West Virginia Criminal Law: Analysis of STATE v. Hinkle

Unconsciousness as a Distinct Defense in West Virginia Criminal Law: Analysis of STATE v. Hinkle

Date: Nov 1, 1996
Unconsciousness as a Distinct Defense in West Virginia Criminal Law: Analysis of STATE of West Virginia v. Charles Rhea Hinkle Introduction In the landmark case of STATE of West Virginia v. Charles...
West Virginia Supreme Court Establishes Exclusive Remedy for Non-Resident Employees Under Workers' Compensation Act

West Virginia Supreme Court Establishes Exclusive Remedy for Non-Resident Employees Under Workers' Compensation Act

Date: Jul 20, 1996
West Virginia Supreme Court Establishes Exclusive Remedy for Non-Resident Employees Under Workers' Compensation Act 1. Introduction The case of Douglas Gallapoo v. Wal-Mart Stores, Inc. addressed a...
McCormick v. Allstate: Clarifying the "Substantial Prevailing" Standard and the Separation of Hayseeds and Jenkins Claims

McCormick v. Allstate: Clarifying the "Substantial Prevailing" Standard and the Separation of Hayseeds and Jenkins Claims

Date: Jul 19, 1996
McCormick v. Allstate: Clarifying the "Substantial Prevailing" Standard and the Separation of Hayseeds and Jenkins Claims Introduction In the landmark case Donald C. McCormick v. Allstate Insurance...
Revising Reasonable Accommodation: Skaggs v. Elk Run Coal Company

Revising Reasonable Accommodation: Skaggs v. Elk Run Coal Company

Date: Jul 12, 1996
Revising Reasonable Accommodation: Skaggs v. Elk Run Coal Company Introduction Case: Alfred M. Skaggs, Plaintiff Below, Appellant, v. Elk Run Coal Company, Inc., Defendant Below, Appellee. Court:...
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