Affirmation of Parental Rights Termination in Child Sexual Abuse Cases: In re E.A.-1, J.A., Jr., and E.A.-2 Introduction The case of In re E.A.-1, J.A., Jr., and E.A.-2 was adjudicated by the West...
Timeliness of Occupational Pneumoconiosis Claims: Argus Energy, LLC v. Clifford Marenko Introduction The case of Argus Energy, LLC v. Clifford Marenko revolves around the timeliness of a claim for...
Harmless Error Doctrine Applied to Constitutional Rights in West Virginia Supreme Court Decision: State of West Virginia v. Aaron Glenn Hoard 1. Introduction In the landmark case State of West...
Termination of Parental Rights in Cases of Sexual Abuse: Analysis of In re H.S. Introduction The case of In re H.S., adjudicated by the Supreme Court of Appeals of West Virginia on March 7, 2023,...
West Virginia Supreme Court Upholds WVSSAC Residence-Transfer Rule Against Preliminary Injunction Introduction The case of State of West Virginia ex rel. West Virginia Secondary School Activities...
Time in Foster Care Alone Insufficient for Termination of Parental Rights: In Re C.S. and B.S. Introduction The case of In Re C.S. and B.S. (875 S.E.2d 350) adjudicated by the West Virginia Supreme...
Clarifying Royalty Deductions: Upholding the Marketable Product Rule in SWN Production Co. v. Kellam Introduction The case of SWN Production Company, LLC, and Equinor USA Onshore Properties Inc. v....
Balancing Qualified Immunity and Public Accountability: Lessons from Ayersman v. Wratchford Introduction Ayersman v. Wratchford is a landmark case adjudicated by the Supreme Court of Appeals of West...
Strengthening Due Process in Terminating Parental Rights: Insights from In Re K. S., B. M., and O. S. Introduction The landmark decision in In Re K. S., B. M., and O. S. (874 S.E.2d 319) rendered by...
Incurred Medical Expenses: West Virginia Sets Clear Precedent in Auto Insurance Claims Introduction In the landmark case of AUTO CLUB PROPERTY CASUALTY INSURANCE CO., Petitioner, v. JESSICA A. MOSER,...
Balancing Comity and Judicial Authority: Anti-Suit Injunctions in Interstate Insurance Coverage Disputes Introduction The case of St. Paul Fire and Marine Insurance Company v. AmerisourceBergen Drug...
Impact of COVID-19 on Speedy Trial Rights: Analysis of STATE OF WEST VIRGINIA EX REL. PORTER v. FARRELL (858 S.E.2d 897) Introduction The case STATE OF WEST VIRGINIA EX REL. PORTER v. FARRELL...
Addressing Rule 16 Violations: Insights from the Dissent in State v. Costello Introduction State v. Costello, adjudicated by the Supreme Court of Appeals of West Virginia on April 2, 2021, presents a...
Enhanced Pleading Standards for Qualified Immunity: Analyzing WV Supreme Court's Decision in The West Virginia State Police v. J.H. Introduction The case of The West Virginia State Police, Department...
Qualified Immunity for State Agencies in Environmental Negligence Cases: DEP v. Dotson et al. Introduction In the landmark case West Virginia Department of Environmental Protection (DEP) v. Dotson,...
Clarifying Rule 12(b)(6): Proper Consideration of Extraneous Documents Under West Virginia Civil Procedure – Cavender v. City National Bank Introduction MOUNTAINEER FIRE & RESCUE EQUIPMENT, LLC,...
Implied Covenants in Oil and Gas Leases: Clear Language Prevails Introduction The case Ascent Resources - Marcellus, LLC v. Donald E. Huffman and Triple L Land and Mineral, LLC (851 S.E.2d 782)...
Clarification on DUI Blood Sample Testing and Due Process Rights under West Virginia Law Introduction The case of Everett Frazier, Commissioner of the West Virginia Division of Motor Vehicles v. Gary...
Jurisdictional Constraints on DUI Arrests: West Virginia Supreme Court’s Landmark Decision Introduction In the landmark case of E v. rett Frazier, Commissioner of The West Virginia Di, adjudicated by...
Mandatory Admission of DMV Records and Allocation of Burden for Witness Attendance: Frazier v. Fouch Introduction The case of Everett Frazier, Commissioner of the West Virginia Division of Motor...