Courts May Choose Among, But Not Create, Juvenile Placements: Writ of Prohibition Bars Judicial Compulsion to Keep a State Facility Open Commentary on State of West Virginia ex rel. West Virginia...
Reaffirming West Virginia’s 50-50 Custody Presumption: Appellate Deference and Mental-Health Evidence in Non-Offending Parent Cases Commentary on In re D.S., Supreme Court of Appeals of West Virginia...
Flat Fees, Trustees, and the Clear-and-Convincing Burden: West Virginia Clarifies Proof and Fee-Handling in Attorney Discipline Introduction In Lawyer Disciplinary Board v. Paul J. Harris (Supreme...
Exclusive Supreme Court Jurisdiction Over Interlocutory Appeals from New‑Trial Orders; Contract Bar to Unjust Enrichment Case: Danny Webb Construction Company, Inc. and Danny Webb v. North Hills...
Shelton Comes to West Virginia: Opposing Counsel Depositions Allowed Only in Limited, Exceptional Circumstances Introduction In SER Mary C. Sutphin v. The Honorable Darl W. Poling, et al., the...
Acknowledgment of Prior Neglect as a Precondition for Remediation in Parental Rights Cases: An In re W.M. Commentary Introduction The case In re W.M. before the Supreme Court of West Virginia...
Establishing the Clear and Convincing Standard in Abuse and Neglect Cases: A New Precedent on Termination of Parental Rights Introduction The Judgment in the case of In re L.F., rendered by the...
Establishing Non-Compliance as a Predicament: Affirmation of Parental Rights Termination in Substance Abuse Cases Introduction The case of In re A.M.-1, L.D., M.M., and T.D. before the Supreme Court...
Ensuring Comprehensive Findings in Habeas Corpus Proceedings: A Mandate for Meaningful Appellate Review Introduction The case of Codey Dale Foster v. Shelby Searls, Superintendent of Huttonsville...
Judicial Affirmation of Termination of Parental Rights for Incarcerated Parents and the Best Interests of Special Needs Children Introduction The case of In re M.B., decided by the Supreme Court of...
Affirming Parental Culpability: Establishing Silence as Affirmative Evidence in Child Abuse Proceedings Introduction The Judgment in “In re A.K.-1 and A.K.-2” delivered by the Supreme Court of West...
Apportionment in Workers' Compensation: Establishing the Proper Role of Preexisting Conditions in Impairment Ratings Introduction The case of James D. Horner v. Eastern Asphalt Products, LLC before...
Clarifying Abandonment: The Role of Parental Noncompliance as Clear and Convincing Evidence in Abuse and Neglect Proceedings Introduction The case, In re T.A., before the Supreme Court of West...
Clarifying Jurisdiction under the UCCJEA in Child Abuse and Neglect Proceedings Introduction The case of In re N.F. and A.F. before the Supreme Court of West Virginia marks an important development...
No Reasonable Likelihood for Substantial Correction: A New Standard in Parental Rights Termination Introduction The judgment in In re L.F., decided by the Supreme Court of West Virginia on March 19,...
Affirming Parental Rights Termination: Ensuring Child Welfare by Demonstrating Inability to Correct Conditions of Abuse and Neglect Introduction The Judgment in "In re J.N. and K.N." by the Supreme...
Termination of Parental Rights Without an Improvement Period: A New Precedent in Substance Abuse Cases Introduction The Judgment in In re D.A. from the Supreme Court of West Virginia establishes a...
Affirmation of Judicial Discretion in Post-Adjudicatory Improvement and Evidentiary Use in Parental Rights Termination Introduction The Judgment in In re A.H. before the Supreme Court of West...
Clarifying the Burden of Proof in Parental Rights Termination: New Precedents in Abuse and Neglect Proceedings Introduction The case of In re L.J., I.J., A.J., and G.J.-1 before the West Virginia...
Optional Incentive Programs and Grandfather Protection: Establishing “Required and Approved” Franchise Image Elements as Statutorily Protected Introduction The West Virginia Supreme Court of Appeals...