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  • Commentaries
  • Judgments

West Virginia Case Commentaries

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)...
Abrogation of Governmental Immunity: Susan Marie Long v. City of Weirton

Abrogation of Governmental Immunity: Susan Marie Long v. City of Weirton

Date: Apr 30, 1975
Abrogation of Governmental Immunity: Susan Marie Long v. City of Weirton Introduction Susan Marie Long, a minor, et al. v. The City of Weirton, et al. and Manufacturers Light and Heat Co., a corp....
Mandatory Defendant Presence at Critical Trial Stages: Redefining Confrontation Rights in STATE ex rel. JOHN R. GROB v. REECE H. BLAIR

Mandatory Defendant Presence at Critical Trial Stages: Redefining Confrontation Rights in STATE ex rel. JOHN R. GROB v. REECE H. BLAIR

Date: Apr 2, 1975
Mandatory Defendant Presence at Critical Trial Stages: Redefining Confrontation Rights in STATE ex rel. JOHN R. GROB v. REECE H. BLAIR Introduction STATE ex rel. JOHN R. GROB v. REECE H. BLAIR,...
Interpretation of Insurance Policy Clauses in Marson Coal Co. v. The Insurance Company of Pennsylvania

Interpretation of Insurance Policy Clauses in Marson Coal Co. v. The Insurance Company of Pennsylvania

Date: Oct 30, 1974
Interpretation of Insurance Policy Clauses in Marson Coal Co. v. The Insurance Company of Pennsylvania Introduction Marson Coal Company, Inc. v. The Insurance Company of the State of Pennsylvania is...
Establishing the Standard for Proving Permanent Injuries: Analysis of Russell Jordan v. Linda L. Bero and Wayne R. Bero

Establishing the Standard for Proving Permanent Injuries: Analysis of Russell Jordan v. Linda L. Bero and Wayne R. Bero

Date: Sep 18, 1974
Establishing the Standard for Proving Permanent Injuries: Analysis of Russell Jordan v. Linda L. Bero and Wayne R. Bero Introduction The case of Russell Jordan v. Linda L. Bero and Wayne R. Bero (158...
Exclusion of Reimbursed Expenses from Gross Income Under West Virginia's Business and Occupation Tax: Bechtel v. Dailey

Exclusion of Reimbursed Expenses from Gross Income Under West Virginia's Business and Occupation Tax: Bechtel v. Dailey

Date: Jul 24, 1974
Exclusion of Reimbursed Expenses from Gross Income Under West Virginia's Business and Occupation Tax: Bechtel v. Dailey Introduction The case of Richard L. Dailey, Tax Commissioner, State of West...
Establishing Due Process Protections in Res Judicata Pleas: Pierce Toler v. J. A. Shelton

Establishing Due Process Protections in Res Judicata Pleas: Pierce Toler v. J. A. Shelton

Date: Apr 10, 1974
Establishing Due Process Protections in Res Judicata Pleas: Pierce Toler v. J. A. Shelton Introduction Pierce Toler v. J. A. Shelton is a pivotal case decided by the Supreme Court of Appeals of West...
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