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  • Commentaries
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West Virginia Case Commentaries

Affirmation of Qualified Immunity in Inmate Negligence Claims: Hess v. West Virginia Division of Corrections

Affirmation of Qualified Immunity in Inmate Negligence Claims: Hess v. West Virginia Division of Corrections

Date: Nov 24, 2010
Affirmation of Qualified Immunity in Inmate Negligence Claims: Hess v. West Virginia Division of Corrections Introduction The case of Frenchie Hess, Jr., Plaintiff Below, Appellee v. West Virginia...
Writ of Prohibition and Attorney Disqualification: Insights from STATE of West Virginia ex rel. BLUE-STONE COAL CORPORATION v. MAZZONE

Writ of Prohibition and Attorney Disqualification: Insights from STATE of West Virginia ex rel. BLUE-STONE COAL CORPORATION v. MAZZONE

Date: Jun 24, 2010
Writ of Prohibition and Attorney Disqualification: Insights from STATE of West Virginia ex rel. BLUE-STONE COAL CORPORATION v. MAZZONE Introduction In the landmark case of STATE of West Virginia ex...
Human Rights Act Extends Protections to Insurance Settlements in West Virginia

Human Rights Act Extends Protections to Insurance Settlements in West Virginia

Date: Jun 12, 2010
Human Rights Act Extends Protections to Insurance Settlements in West Virginia Introduction The case of Doris Michael and Todd Battle, by His Next Friend, Doris Michael, and Kitrena Michael,...
Affirmation of Improvement Period Over Parental Rights Termination in Neglect Case

Affirmation of Improvement Period Over Parental Rights Termination in Neglect Case

Date: Jun 5, 2010
Affirmation of Improvement Period Over Parental Rights Termination in Neglect Case Introduction The case of In re FAITH C, Sophia S. and Madelyn S. (226 W. Va. 188) presents a profound exploration of...
Affirmation of Sentencing Discretion in Youthful Offender Cases: State v. Georgius, III

Affirmation of Sentencing Discretion in Youthful Offender Cases: State v. Georgius, III

Date: May 13, 2010
Affirmation of Sentencing Discretion in Youthful Offender Cases: State v. Georgius, III Introduction In State of West Virginia v. William Georgius, III, 225 W. Va. 716 (2010), the Supreme Court of...
Termination of Parental Rights in Cases of Unacknowledged Abuse: In the Interest of KAITLYN P. and Others

Termination of Parental Rights in Cases of Unacknowledged Abuse: In the Interest of KAITLYN P. and Others

Date: Feb 17, 2010
Termination of Parental Rights in Cases of Unacknowledged Abuse: In the Interest of KAITLYN P. and Others Introduction The case In the Interest of KAITLYN P., Arianna C., Christopher C., Ryan C.,...
Clarification and Overruling of the Discovery Rule in Dunn v. Rockwell: Implications for Statutes of Limitations

Clarification and Overruling of the Discovery Rule in Dunn v. Rockwell: Implications for Statutes of Limitations

Date: Nov 25, 2009
Clarification and Overruling of the Discovery Rule in Dunn v. Rockwell: Implications for Statutes of Limitations Introduction The case of Stanley W. Dunn, Jr., and Katherine B. Dunn v. Douglas S....
Mandatory Hearing Requirements in Child Abuse and Neglect Cases: The West Virginia Supreme Court's Ruling in In re EMILY G.

Mandatory Hearing Requirements in Child Abuse and Neglect Cases: The West Virginia Supreme Court's Ruling in In re EMILY G.

Date: Oct 30, 2009
Mandatory Hearing Requirements in Child Abuse and Neglect Cases: The West Virginia Supreme Court's Ruling in In re EMILY G. Introduction In the landmark case In re EMILY G., 224 W. Va. 390 (2009),...
Affirmation of Habeas Corpus Denial: Standards for False Testimony and Double Jeopardy in West Virginia

Affirmation of Habeas Corpus Denial: Standards for False Testimony and Double Jeopardy in West Virginia

Date: Oct 10, 2009
Affirmation of Habeas Corpus Denial: Standards for False Testimony and Double Jeopardy in West Virginia Introduction In the case of State of West Virginia ex rel. Warren D. Franklin v. Thomas...
Quantified Immunity and Supervisory Liability in West Virginia: Robinson v. Pack

Quantified Immunity and Supervisory Liability in West Virginia: Robinson v. Pack

Date: Jun 19, 2009
Qualified Immunity and Supervisory Liability in West Virginia: Robinson v. Pack Introduction In Robinson v. Pack, 223 W. Va. 828 (2009), the Supreme Court of Appeals of West Virginia addressed...
West Virginia Supreme Court Establishes Strict Requirements for Municipal DUI Ordinances

West Virginia Supreme Court Establishes Strict Requirements for Municipal DUI Ordinances

Date: Jun 12, 2009
West Virginia Supreme Court Establishes Strict Requirements for Municipal DUI Ordinances Introduction In the case of Sharon G. Noble v. West Virginia Department of Motor Vehicles, the Supreme Court...
West Virginia Supreme Court Re-defines Self-Defense in Domestic Violence Cases

West Virginia Supreme Court Re-defines Self-Defense in Domestic Violence Cases

Date: Jun 5, 2009
West Virginia Supreme Court Re-defines Self-Defense in Domestic Violence Cases Introduction In the landmark case State of West Virginia v. Tanya D. Harden, decided on June 4, 2009, the Supreme Court...
Separation of Powers Affirmed in Workers' Compensation Rule-Making

Separation of Powers Affirmed in Workers' Compensation Rule-Making

Date: May 1, 2009
Separation of Powers Affirmed in Workers' Compensation Rule-Making Introduction The case of Thomas D. Simpson v. West Virginia Office of the Insurance Commissioner, and Independence Coal Company,...
Admission of Collateral Crimes Under Rule 404(b): Analysis of STATE v. Willett

Admission of Collateral Crimes Under Rule 404(b): Analysis of STATE v. Willett

Date: Jan 31, 2009
Admission of Collateral Crimes Under Rule 404(b): Analysis of STATE v. Willett Introduction STATE of West Virginia v. Gloria Jean Willett, 223 W. Va. 394 (2009), is a seminal case adjudicated by the...
At-Will Employment Affirmed: Hatfield v. Health Management Associates of West Virginia

At-Will Employment Affirmed: Hatfield v. Health Management Associates of West Virginia

Date: Dec 13, 2008
At-Will Employment Affirmed: Hatfield v. Health Management Associates of West Virginia Introduction The case of Crystal A. Hatfield v. Health Management Associates of West Virginia, Inc. serves as a...
West Virginia Supreme Court Refines Standards for Summary Judgment in Governmental Tort Claims

West Virginia Supreme Court Refines Standards for Summary Judgment in Governmental Tort Claims

Date: Nov 22, 2007
West Virginia Supreme Court Refines Standards for Summary Judgment in Governmental Tort Claims Introduction In the case of Grady Colin Kelley, II, and Frieda Carol Kelley v. The City of Williamson,...
Comprehensive Commentary on In re: RANDY H., April G., Brittany T., and Megan H. (220 W. Va. 122)

Comprehensive Commentary on In re: RANDY H., April G., Brittany T., and Megan H. (220 W. Va. 122)

Date: Dec 1, 2006
Enhancing Judicial Oversight in Child Abuse and Neglect Proceedings: Insights from In re: RANDY H., April G., Brittany T., and Megan H. Introduction The case of In re: RANDY H., April G., Brittany...
Enhancing Confrontation Clause Protections in Domestic Violence Prosecutions: State of West Virginia v. Mechling

Enhancing Confrontation Clause Protections in Domestic Violence Prosecutions: State of West Virginia v. Mechling

Date: Jul 1, 2006
Enhancing Confrontation Clause Protections in Domestic Violence Prosecutions: State of West Virginia v. Mechling Introduction State of West Virginia v. James Allen Mechling is a pivotal case...
Judicial Authority to Restrict Pro Se Inmate Communications: An Analysis of Mathena et al. v. Haines

Judicial Authority to Restrict Pro Se Inmate Communications: An Analysis of Mathena et al. v. Haines

Date: Jun 27, 2006
Judicial Authority to Restrict Pro Se Inmate Communications: An Analysis of Mathena et al. v. Haines Introduction The case of Mathena, Roger Sullivan et al. v. William S. Haines addressed significant...
Clarification on Royalty Calculations at the Wellhead: West Virginia Supreme Court Establishes New Precedent

Clarification on Royalty Calculations at the Wellhead: West Virginia Supreme Court Establishes New Precedent

Date: Jun 16, 2006
Clarification on Royalty Calculations at the Wellhead: West Virginia Supreme Court Establishes New Precedent Introduction The Supreme Court of Appeals of West Virginia, in the seminal case Estate of...
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