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  • Commentaries
  • Judgments

West Virginia Case Commentaries

Dean v. Black and Decker: Establishing Strict Product Liability without Privity in West Virginia

Dean v. Black and Decker: Establishing Strict Product Liability without Privity in West Virginia

Date: Apr 14, 1979
Dean v. Black and Decker: Establishing Strict Product Liability without Privity in West Virginia Introduction Dean v. Morningstar, et al., v. The Black and Decker Manufacturing Company (162 W. Va....
Affirmation of Rape Conviction Through Robust Evidentiary Standards in State of West Virginia v. Thomas R. Burton

Affirmation of Rape Conviction Through Robust Evidentiary Standards in State of West Virginia v. Thomas R. Burton

Date: Apr 11, 1979
Affirmation of Rape Conviction Through Robust Evidentiary Standards in State of West Virginia v. Thomas R. Burton Introduction State of West Virginia v. Thomas R. Burton is a pivotal case adjudicated...
Establishing the 'Thorough and Efficient Education Mandate' in West Virginia: Comprehensive Commentary on TERRY GENE PAULEY v. JOHN H. KELLY

Establishing the 'Thorough and Efficient Education Mandate' in West Virginia: Comprehensive Commentary on TERRY GENE PAULEY v. JOHN H. KELLY

Date: Feb 21, 1979
Establishing the 'Thorough and Efficient Education Mandate' in West Virginia: Comprehensive Commentary on TERRY GENE PAULEY, etc., et al. v. JOHN H. KELLY, Treasurer, State of West Virginia, et al....
Obligations Under Subdivision Protective Covenants: Insights from Nisbet v. Watson

Obligations Under Subdivision Protective Covenants: Insights from Nisbet v. Watson

Date: Jan 24, 1979
Obligations Under Subdivision Protective Covenants: Insights from Nisbet v. Watson Introduction The case of James Nisbet, et al. v. Billy Jarrell Watson, et al. and Frank Floyd, et al., decided by...
Right to Civilian Attire and Witness Presentation in Criminal Trials: Insights from STATE ex rel. McMannis v. Mohn

Right to Civilian Attire and Witness Presentation in Criminal Trials: Insights from STATE ex rel. McMannis v. Mohn

Date: Jan 2, 1979
Right to Civilian Attire and Witness Presentation in Criminal Trials: Insights from STATE ex rel. McMannis v. Mohn Introduction The case of STATE ex rel. Richard R. McMannis v. Richard Mohn, Acting...
Reintegration of the "Humane" Rule for Voluntariness of Confessions in West Virginia: Analysis of STATE OF WEST VIRGINIA v. THURMAN MATTHEW VANCE

Reintegration of the "Humane" Rule for Voluntariness of Confessions in West Virginia: Analysis of STATE OF WEST VIRGINIA v. THURMAN MATTHEW VANCE

Date: Dec 20, 1978
Reintegration of the "Humane" Rule for Voluntariness of Confessions in West Virginia Analysis of STATE OF WEST VIRGINIA v. THURMAN MATTHEW VANCE (162 W. Va. 467) Introduction STATE OF WEST VIRGINIA...
Implied Warranty of Habitability Established in West Virginia’s Supreme Court Decision

Implied Warranty of Habitability Established in West Virginia’s Supreme Court Decision

Date: Dec 13, 1978
Implied Warranty of Habitability Established in West Virginia’s Supreme Court Decision Introduction The legal landscape of landlord-tenant relationships underwent a significant transformation with...
Felony-Murder Rule Confirmed: Accidental Homicide Constitutes First-Degree Murder in STATE OF WEST VIRGINIA v. Paul Emerson Sims

Felony-Murder Rule Confirmed: Accidental Homicide Constitutes First-Degree Murder in STATE OF WEST VIRGINIA v. Paul Emerson Sims

Date: Nov 15, 1978
Felony-Murder Rule Confirmed: Accidental Homicide Constitutes First-Degree Murder in STATE OF WEST VIRGINIA v. Paul Emerson Sims Introduction STATE OF WEST VIRGINIA v. PAUL EMERSON SIMS, 162 W. Va....
Wrongful Discharge and Public Policy: Harless v. First National Bank Establishes Liability for Retaliatory Termination

Wrongful Discharge and Public Policy: Harless v. First National Bank Establishes Liability for Retaliatory Termination

Date: Jul 15, 1978
Wrongful Discharge and Public Policy: Harless v. First National Bank Establishes Liability for Retaliatory Termination Introduction The case of John C. Harless v. First National Bank in Fairmont...
Deliberate Intent Exception to Employer Immunity in West Virginia Workmen’s Compensation: Analysis of Mandolidis v. Elkins Industries

Deliberate Intent Exception to Employer Immunity in West Virginia Workmen’s Compensation: Analysis of Mandolidis v. Elkins Industries

Date: Jun 28, 1978
Deliberate Intent Exception to Employer Immunity in West Virginia Workmen’s Compensation Introduction The case of James Mandolidis, et al. v. Elkins Industries, Inc.; Carl Ray Snodgrass v. United...
Unconscionable Contract Termination Clauses: Insights from Lodge Distributing Co. v. Texaco, Inc.

Unconscionable Contract Termination Clauses: Insights from Lodge Distributing Co. v. Texaco, Inc.

Date: Jun 7, 1978
Unconscionable Contract Termination Clauses: Insights from Lodge Distributing Co. v. Texaco, Inc. Introduction The case of John W. Lodge Distributing Co., Inc. v. Texaco, Inc. (161 W. Va. 603)...
Affirmation of Second-Degree Attempted Murder Conviction: Insights from State v. Starkey

Affirmation of Second-Degree Attempted Murder Conviction: Insights from State v. Starkey

Date: May 3, 1978
Affirmation of Second-Degree Attempted Murder Conviction: Insights from State of West Virginia v. Randall James Starkey Introduction State of West Virginia v. Randall James Starkey is a significant...
Proper Handling of Summary Judgment Motions: Insights from Chapman v. Kane Transfer Co.

Proper Handling of Summary Judgment Motions: Insights from Chapman v. Kane Transfer Co.

Date: Jul 13, 1977
Proper Handling of Summary Judgment Motions: Insights from Chapman v. Kane Transfer Co. Introduction The case of John Walter Chapman, Jr. v. Kane Transfer Company, Inc. (160 W. Va. 530) serves as a...
Reaffirmation of Defendant's Right to Silence and Presence: An In-Depth Analysis of STATE OF WEST VIRGINIA v. JIM BOYD

Reaffirmation of Defendant's Right to Silence and Presence: An In-Depth Analysis of STATE OF WEST VIRGINIA v. JIM BOYD

Date: Mar 30, 1977
Reaffirmation of Defendant's Right to Silence and Presence: An In-Depth Analysis of State of West Virginia v. Jim Boyd Introduction State of West Virginia v. Jim Boyd (160 W. Va. 234) is a pivotal...
Due Process in Trial Transcripts and Appellate Rights: West Virginia's Landmark Decision in State ex rel. Johnson v. McKenzie

Due Process in Trial Transcripts and Appellate Rights: West Virginia's Landmark Decision in State ex rel. Johnson v. McKenzie

Date: Jul 24, 1976
Due Process in Trial Transcripts and Appellate Rights: West Virginia's Landmark Decision in State ex rel. Johnson v. McKenzie Introduction In the landmark case of State ex rel. Robin Dale Johnson v....
Limiting the Independent Contractor Defense: Sanders v. Georgia-Pacific Corp.

Limiting the Independent Contractor Defense: Sanders v. Georgia-Pacific Corp.

Date: Jun 2, 1976
Limiting the Independent Contractor Defense: Sanders v. Georgia-Pacific Corp. Introduction Sanders v. Georgia-Pacific Corp., a landmark decision by the Supreme Court of Appeals of West Virginia in...
Establishing Jurisdictional Standards and Distinctions in Contempt Proceedings: Eastern Associated Coal Corp. v. John Doe

Establishing Jurisdictional Standards and Distinctions in Contempt Proceedings: Eastern Associated Coal Corp. v. John Doe

Date: Dec 17, 1975
Establishing Jurisdictional Standards and Distinctions in Contempt Proceedings: Eastern Associated Coal Corp. v. John Doe Introduction Eastern Associated Coal Corp. v. John Doe and Others, 159 W. Va....
Right to Free Transcripts for Indigent Defendants Established in Call v. McKenzie

Right to Free Transcripts for Indigent Defendants Established in Call v. McKenzie

Date: Dec 17, 1975
Right to Free Transcripts for Indigent Defendants Established in Call v. McKenzie Introduction The landmark case of Thomas David Call v. Arthur L. McKenzie, decided on December 16, 1975, by the...
Authority of Commissioner to Charge Self-Insured Employers Beyond Statutory Medical Expense Limits

Authority of Commissioner to Charge Self-Insured Employers Beyond Statutory Medical Expense Limits

Date: Nov 5, 1975
Authority of Commissioner to Charge Self-Insured Employers Beyond Statutory Medical Expense Limits Introduction Case: Carl W. Smith, Sr. v. State Workmen's Compensation Commissioner and Eastern...
Essential Role of Knowledge in Accessory Before the Fact: Analysis of STATE OF WEST VIRGINIA v. Ralph E. Starr

Essential Role of Knowledge in Accessory Before the Fact: Analysis of STATE OF WEST VIRGINIA v. Ralph E. Starr

Date: Jun 25, 1975
Essential Role of Knowledge in Accessory Before the Fact: Analysis of STATE OF WEST VIRGINIA v. Ralph E. Starr Introduction The case of STATE OF WEST VIRGINIA v. Ralph E. Starr (158 W. Va. 905)...
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