West Virginia Case Commentaries

Inclusion of Lump-Sum Vacation Pay in Retirement Benefit Calculations: West Virginia Supreme Court Sets New Precedent

Date: Jul 7, 2005

Inclusion of Lump-Sum Vacation Pay in Retirement Benefit Calculations: West Virginia Supreme Court Sets New Precedent Introduction The case of George B. Summers and Ronald Fertile v. The West...

Underinsured Motorist Coverage Standards Established in Glen Falls v. Smith

Date: Jul 2, 2005

Underinsured Motorist Coverage Standards Established in Glen Falls v. Smith Introduction The case of Glen Falls Insurance Company v. Billie Joe Smith addresses critical issues surrounding...

Preservation of Coverage under 'Newly Acquired Auto Clause' in Multiple Insurance Policies: West Virginia Supreme Court Decision

Date: Jul 1, 2005

Preservation of Coverage under 'Newly Acquired Auto Clause' in Multiple Insurance Policies: West Virginia Supreme Court Decision Introduction In the landmark case of Jessica Satterfield v. Erie...

Recognition of Psychological Parent Standing in Custody Proceedings: West Virginia Supreme Court Decision in B. v. S. (2005)

Date: Jun 18, 2005

Recognition of Psychological Parent Standing in Custody Proceedings: West Virginia Supreme Court Decision in B. v. S. (2005) Introduction The case of Clifford K. and Tina B. v. Paul S. (217 W. Va....

Equitable Relief and Payment Intent in Residential Lease Disputes: Insights from Francis v. Bryson

Date: Jun 11, 2005

Equitable Relief and Payment Intent in Residential Lease Disputes: Insights from Francis v. Bryson Introduction Millard Francis, III, Plaintiff Below, Appellant, v. Ernest Bryson and Patricia Bryson,...

Establishing Duty in Premises Liability: Strahin v. Cleavenger

Date: Jul 1, 2004

Establishing Duty in Premises Liability: Strahin v. Cleavenger Introduction The case of Daniel R. Strahin, James A. Strahin, and Willa Strahin v. Robert Glenn Cleavenger et al. adjudicated by the...

Affirmation of Intentional Acts Exclusion for Sexual Misconduct Including Minors in Liability Insurance Policies

Date: May 22, 2004

Affirmation of Intentional Acts Exclusion for Sexual Misconduct Including Minors in Liability Insurance Policies Introduction The case of West Virginia Fire Casualty Company v. Stanley ([216 W. Va....

Termination of Parental Rights Without Improvement Periods: Insights from In re CHARITY H.

Date: Apr 17, 2004

Termination of Parental Rights Without Improvement Periods: Insights from In re CHARITY H. Introduction The case of In re: CHARITY H., Courtney H. and Victoria H. presents a critical examination of...

Clarifying the Concurrent Sentence Rule in Habeas Corpus Petitions: Judson White v. William Haines

Date: Mar 16, 2004

Clarifying the Concurrent Sentence Rule in Habeas Corpus Petitions: Judson White v. William Haines Introduction The case of Judson White v. William Haines (215 W. Va. 698) presents a pivotal analysis...

Establishing Sibling Visitation Rights in West Virginia: Lindsie D.L. v. Richard W.S.

Date: Dec 5, 2003

Establishing Sibling Visitation Rights in West Virginia: Lindsie D.L. v. Richard W.S. Introduction The case of Lindsie D.L. v. Richard W.S. (214 W. Va. 750) adjudicated by the Supreme Court of...

Termination of Parental Rights and Continuing Child Support Obligations: Landmark Decision in West Virginia

Date: Jul 2, 2003

Termination of Parental Rights and Continuing Child Support Obligations: Landmark Decision in West Virginia Introduction The case In Re: Stephen Tyler R. (213 W. Va. 725) adjudicated by the Supreme...

Clarification on Preliminary Injunctive Relief Standards Under the West Virginia Consumer Credit and Protection Act in Darrell v. McGraw

Date: May 24, 2003

Clarification on Preliminary Injunctive Relief Standards Under the West Virginia Consumer Credit and Protection Act in Darrell v. McGraw Introduction In the case of State of West Virginia ex rel....

Findley v. State Farm: Upholding Anti-Stacking Provisions and Limiting Retroactivity of UIM Statute

Date: Dec 7, 2002

Findley v. State Farm: Upholding Anti-Stacking Provisions and Limiting Retroactivity of UIM Statute Introduction Findley v. State Farm Mutual Automobile Insurance Company is a pivotal case...

Implied Consent Exception and Harmless Error in State v. Flippo

Date: Nov 28, 2002

Implied Consent Exception and Harmless Error in State of West Virginia v. Flippo Introduction State of West Virginia v. James Michael Flippo is a pivotal case adjudicated by the Supreme Court of...

Applying Clear and Convincing Evidence Standard in Parental Rights Termination for Child Abuse: In Re: Tonjia M.

Date: Nov 2, 2002

Applying Clear and Convincing Evidence Standard in Parental Rights Termination for Child Abuse: In Re: Tonjia M. Introduction In Re: Tonjia M. is a landmark decision by the Supreme Court of Appeals...

Enforceability of Settlement Agreements Under Economic Duress: Insights from Berardi v. Meadowbrook Mall Co.

Date: Nov 2, 2002

Enforceability of Settlement Agreements Under Economic Duress: Insights from Berardi v. Meadowbrook Mall Co. Introduction The case of Jerry A. Berardi, Betty J. Berardi, and Bentley Corporation v....

Uninsured Motorist Coverage Requires Tortfeasor to Lack Financial Responsibility: Tennant v. Smallwood

Date: Apr 6, 2002

Uninsured Motorist Coverage Requires Tortfeasor to Lack Financial Responsibility: Tennant v. Smallwood Introduction In the landmark case of Jeanne Tennant, individually and as Mother and Next Friend...

Clarifying Protections Against Self-Incrimination in Parental Rights Termination: IN RE: DANIEL D. AND SAMANTHA D.

Date: Feb 23, 2002

Clarifying Protections Against Self-Incrimination in Parental Rights Termination IN RE: DANIEL D. AND SAMANTHA D. (211 W. Va. 79) Introduction The case of IN RE: DANIEL D. AND SAMANTHA D. adjudicated...

Administrative Subpoena Authority in Medical Practice Regulation: Insights from Feathers v. West Virginia Board of Medicine

Date: Nov 29, 2001

Administrative Subpoena Authority in Medical Practice Regulation: Insights from Feathers v. West Virginia Board of Medicine Introduction The case of Scott James Feathers, D.P.M. v. The West Virginia...

Ensuring Due Process in Termination of Parental Rights: A Comprehensive Analysis of In re Edward B. et al.

Date: Nov 9, 2001

Ensuring Due Process in Termination of Parental Rights: A Comprehensive Analysis of In re Edward B. et al. Introduction The case of In re Edward B., John David F., David Dewane F., George Franklin...