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  • Commentaries
  • Judgments

West Virginia Case Commentaries

Termination of Parental Rights in Abuse and Neglect Cases: Insights from West Virginia Department of Health and Human Resources v. Wright

Termination of Parental Rights in Abuse and Neglect Cases: Insights from West Virginia Department of Health and Human Resources v. Wright

Date: Jul 9, 1996
Termination of Parental Rights in Abuse and Neglect Cases: Insights from West Virginia Department of Health and Human Resources v. Wright Introduction The case of West Virginia Department of Health...
West Virginia Supreme Court Clarifies Admissibility of Horizontal Gaze Nystagmus Tests and Standards for Investigatory Vehicle Stops in Muscatell v. Cline

West Virginia Supreme Court Clarifies Admissibility of Horizontal Gaze Nystagmus Tests and Standards for Investigatory Vehicle Stops in Muscatell v. Cline

Date: Jun 15, 1996
West Virginia Supreme Court Clarifies Admissibility of Horizontal Gaze Nystagmus Tests and Standards for Investigatory Vehicle Stops in Muscatell v. Cline Introduction In the landmark case Muscatell...
Strict Application of Statute of Limitations in Construction Defect Case: Powderidge Unit Owners Association v. Highland Properties

Strict Application of Statute of Limitations in Construction Defect Case: Powderidge Unit Owners Association v. Highland Properties

Date: Jun 15, 1996
Strict Application of Statute of Limitations in Construction Defect Case: Powderidge Unit Owners Association v. Highland Properties Introduction The case of Powderidge Unit Owners Association v....
State of West Virginia v. Angela Dawn Miller: Affirmation of First-Degree Murder Conviction

State of West Virginia v. Angela Dawn Miller: Affirmation of First-Degree Murder Conviction

Date: Jun 15, 1996
State of West Virginia v. Angela Dawn Miller: Affirmation of First-Degree Murder Conviction Introduction In the landmark case of State of West Virginia v. Angela Dawn Miller, the Supreme Court of...
Revisiting Alimony and Attorney's Fees: Insights from Banker v. Banker

Revisiting Alimony and Attorney's Fees: Insights from Banker v. Banker

Date: May 18, 1996
Revisiting Alimony and Attorney's Fees: Insights from Banker v. Banker Introduction George M. Banker, Plaintiff Below, Appellee, v. Anne F. Banker, Defendant Below, Appellant is a significant case...
Affirmation of HCCRA's Jurisdiction Over Stationary CT Services: The WV Healthcare Cost Review Authority v. Boone Memorial Hospital

Affirmation of HCCRA's Jurisdiction Over Stationary CT Services: The WV Healthcare Cost Review Authority v. Boone Memorial Hospital

Date: May 18, 1996
Affirmation of HCCRA's Jurisdiction Over Stationary CT Services Introduction The WEST VIRGINIA HEALTH CARE COST REVIEW AUTHORITY (HCCRA) v. Boone Memorial Hospital is a pivotal case decided by the...
Adverse Possession Requires Clear and Convincing Evidence Standard: Brown v. Gobble

Adverse Possession Requires Clear and Convincing Evidence Standard: Brown v. Gobble

Date: May 18, 1996
Adverse Possession Requires Clear and Convincing Evidence Standard: Brown v. Gobble Introduction The case of Gary S. Brown and Mitzi M. Brown v. David L. Gobble and Sue Ann Gobble, decided by the...
Limiting Improvement Periods in Child Abuse and Neglect Cases: Analysis of STATE of West Virginia ex rel. AMY M., et al. v. s B.

Limiting Improvement Periods in Child Abuse and Neglect Cases: Analysis of STATE of West Virginia ex rel. AMY M., et al. v. s B.

Date: Apr 9, 1996
Limiting Improvement Periods in Child Abuse and Neglect Cases: Analysis of STATE of West Virginia ex rel. AMY M., et al. v. s B. Introduction The case of STATE of West Virginia ex rel. AMY M., Shane...
Enforcement of Visitation Orders and the Role of Civil Contempt in Family Law: Insights from Carter v. Carter

Enforcement of Visitation Orders and the Role of Civil Contempt in Family Law: Insights from Carter v. Carter

Date: Mar 22, 1996
Enforcement of Visitation Orders and the Role of Civil Contempt in Family Law: Insights from Carter v. Carter Introduction Carter v. Carter, 196 W. Va. 239 (1996), is a significant case adjudicated...
Establishing Premeditation: LaROCK v. State of West Virginia

Establishing Premeditation: LaROCK v. State of West Virginia

Date: Mar 21, 1996
Establishing Premeditation: LaROCK v. State of West Virginia Introduction The case of STATE of West Virginia, Plaintiff Below, Appellee, v. Jeffrey Scott LaROCK, Defendant Below, Appellant (196 W....
Affirmation of Parental Rights Termination: Procedural Standards in Child Abuse and Neglect Proceedings

Affirmation of Parental Rights Termination: Procedural Standards in Child Abuse and Neglect Proceedings

Date: Mar 21, 1996
Affirmation of Parental Rights Termination: Procedural Standards in Child Abuse and Neglect Proceedings 1. Introduction The case of In the Interest of: Tiffany Marie S., Taylor Brook S., Children...
Punitive Damages Not Subject to Pretrial Settlement Offsets: Analysis of Burgess v. State Farm

Punitive Damages Not Subject to Pretrial Settlement Offsets: Analysis of Burgess v. State Farm

Date: Mar 12, 1996
Punitive Damages Not Subject to Pretrial Settlement Offsets: Analysis of Burgess v. State Farm Introduction The case of Billie Burgess v. Mark Porterfield and State Farm Mutual Automobile Insurance...
Substantial Compliance in Constitutional Amendment Procedures: Cooper v. Caperton

Substantial Compliance in Constitutional Amendment Procedures: Cooper v. Caperton

Date: Mar 1, 1996
Substantial Compliance in Constitutional Amendment Procedures: Cooper v. Caperton Introduction In the landmark case of STATE of West Virginia ex rel. Thornton Cooper v. Governor Gaston Caperton,...
Revisiting the Plain View Exception: Balancing Officer Safety and Fourth Amendment Protections in State v. Lacy

Revisiting the Plain View Exception: Balancing Officer Safety and Fourth Amendment Protections in State v. Lacy

Date: Feb 16, 1996
Revisiting the Plain View Exception: Balancing Officer Safety and Fourth Amendment Protections in State v. Lacy Introduction In the landmark case STATE of West Virginia v. John A. Lacy, the Supreme...
Annual Wage Increases Recognized as Unambiguous in FOPO Lodge No. 69 v. City of Fairmont

Annual Wage Increases Recognized as Unambiguous in FOPO Lodge No. 69 v. City of Fairmont

Date: Feb 15, 1996
Annual Wage Increases Recognized as Unambiguous in FOPO Lodge No. 69 v. City of Fairmont Introduction The case of Fraternal Order of Police (FOPO) Lodge Number 69 and Thomas L. Hartley vs. The City...
Doctrine of Laches in Child Support Reimbursement: West Virginia Supreme Court Decision

Doctrine of Laches in Child Support Reimbursement: West Virginia Supreme Court Decision

Date: Dec 16, 1995
Doctrine of Laches in Child Support Reimbursement: West Virginia Supreme Court Decision Introduction The case STATE of West Virginia, DEPARTMENT OF HEALTH AND HUMAN RESOURCES, CHILD ADVOCATE OFFICE,...
Binding Rejection of Underinsured Motorists Coverage for All Insureds: Cox v. Nationwide Insurance

Binding Rejection of Underinsured Motorists Coverage for All Insureds: Cox v. Nationwide Insurance

Date: Dec 12, 1995
Binding Rejection of Underinsured Motorists Coverage for All Insureds: Cox v. Nationwide Insurance Introduction The case of Glenna Griffith Cox and James F. Cox, Administrator and Personal...
Chevron Deference Affirmed in West Virginia's Interpretation of Net Electricity Generation Tax

Chevron Deference Affirmed in West Virginia's Interpretation of Net Electricity Generation Tax

Date: Dec 9, 1995
Chevron Deference Affirmed in West Virginia's Interpretation of Net Electricity Generation Tax Introduction In the landmark 1995 decision of Appalachian Power Company et al. v. State Tax Department...
Enforcing Anti-Stacking Provisions in Liability Auto Insurance Policies: Analysis of Payne v. Weston & Allstate Insurance

Enforcing Anti-Stacking Provisions in Liability Auto Insurance Policies: Analysis of Payne v. Weston & Allstate Insurance

Date: Dec 9, 1995
Enforcing Anti-Stacking Provisions in Liability Auto Insurance Policies: Analysis of Payne v. Weston & Allstate Insurance Introduction In the landmark case Payne v. Weston & Allstate Insurance...
Reaffirming Liberal Admission of Expert Testimony under Rule 702: Analysis of Da v. Gentry

Reaffirming Liberal Admission of Expert Testimony under Rule 702: Analysis of Da v. Gentry

Date: Dec 9, 1995
Reaffirming Liberal Admission of Expert Testimony under Rule 702: Analysis of Da v. Gentry Introduction In the landmark case Da v. d D. Gentry and Nancy Gentry, decided on December 8, 1995, the...
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