West Virginia Case Commentaries

Affirming Parental Due Process in Child Best Interests Hearings: Jeanne U. v. Canady

Date: Oct 6, 2001

Affirming Parental Due Process in Child Best Interests Hearings: Jeanne U. v. Canady Introduction In the landmark case of State of West Virginia ex rel. Jeanne U. v. Canady, decided by the Supreme...

Invalidation of Judicial Ascertainment Clauses in West Virginia Oil and Gas Leases

Date: Jul 7, 2001

Invalidation of Judicial Ascertainment Clauses in West Virginia Oil and Gas Leases Introduction The case of James T. Wellman and Grace Wellman v. Energy Resources, Inc. presents a significant...

Third-Party Notice Satisfies Insurance Policy Requirements: Colonial Insurance Co. v. Watkins

Date: Dec 7, 2000

Third-Party Notice Satisfies Insurance Policy Requirements: Colonial Insurance Co. v. Watkins Introduction Colonial Insurance Company v. Floyd Barrett and John Douglas Watkins is a landmark case...

Onapolis v. State of West Virginia: Tolling IAD Time Limits through Defense Counsel’s Continuance Agreement

Date: Nov 14, 2000

Onapolis v. State of West Virginia: Tolling IAD Time Limits through Defense Counsel’s Continuance Agreement Introduction In the landmark case State of West Virginia v. Melody Lynn Onapolis, the...

Martinsburg Econo-Lodge v. Debow and Craig Pavex: Defining Recovery for Pure Economic Loss in Tort

Date: Nov 7, 2000

Martinsburg Econo-Lodge v. Debow and Craig Pavex: Defining Recovery for Pure Economic Loss in Tort Introduction The case Richard Aikens and Motel 81, Inc., d/b/a Martinsburg Econo-Lodge v. Robert...

Affirmation of Grand Jury Impartiality and Defense Counsel Conflict Standards in State v. Vance

Date: Jul 15, 2000

Affirmation of Grand Jury Impartiality and Defense Counsel Conflict Standards in State of West Virginia v. Vance Introduction State of West Virginia v. Michael Vance, 207 W. Va. 640 (2000),...

Clarifying the Statutory Limits on Improvement Periods in Parental Rights Termination – In re: Emily and Amos B.

Date: Jun 17, 2000

Clarifying the Statutory Limits on Improvement Periods in Parental Rights Termination – In re: Emily and Amos B. Introduction The case In re: Emily and Amos B. (Supreme Court of Appeals of West...

Supreme Court Upholds Board's Discretion in Educational Hiring Decisions

Date: Jun 13, 2000

Supreme Court Upholds Board's Discretion in Educational Hiring Decisions Introduction The case of Sue Cahill, Carolyn Donchatz, and Sue Sommer v. Mercer County Board of Education addressed the...

Unconstitutional Random Vehicle Stops by Conservation Officers: State of West Virginia v. Terry Lee Legg

Date: May 5, 2000

Unconstitutional Random Vehicle Stops by Conservation Officers: State of West Virginia v. Terry Lee Legg Introduction In the case of State of West Virginia Plaintiff below, Appellee, vs. Terry Lee...

Mandamus Upholds Due Process in Termination of Parental Rights in West Virginia

Date: Feb 25, 2000

Mandamus Upholds Due Process in Termination of Parental Rights in West Virginia Introduction The case of State of West Virginia ex rel. the West Virginia Department of Health and Human Resources...

Affirmation of Effective Counsel Under Strickland Standard in Habeas Corpus Relief: Vernatter v. Warden, West Virginia Penitentiary

Date: Dec 17, 1999

Affirmation of Effective Counsel Under Strickland Standard in Habeas Corpus Relief: Vernatter v. Warden, West Virginia Penitentiary Introduction The case of State of West Virginia ex rel. Roy David...

Affirmation of State Sovereign Immunity and Clarification on Insurance Coverage for Breach of Contract Claims in Arnold v. West Virginia Lottery Commission

Date: Dec 14, 1999

Affirmation of State Sovereign Immunity and Clarification on Insurance Coverage for Breach of Contract Claims in Arnold v. West Virginia Lottery Commission Introduction The case of The Arnold Agency...

Ensuring Procedural Fairness in Parental Rights Termination: Analysis of In Re: Travis W. (206 W. Va. 478)

Date: Dec 8, 1999

Ensuring Procedural Fairness in Parental Rights Termination: Analysis of In Re: Travis W. (206 W. Va. 478) Introduction The case of In Re: Travis W. (206 W. Va. 478) is a seminal decision by the...

Former Foster Parents Lack Standing to Intervene in Abuse and Neglect Proceedings: West Virginia Supreme Court Affirms Denial

Date: Dec 4, 1999

Former Foster Parents Lack Standing to Intervene in Abuse and Neglect Proceedings: West Virginia Supreme Court Affirms Denial Introduction In the landmark case of In Re: Michael Ray T., Scottie Lee...

West Virginia Supreme Court Establishes Illegal Work Exception to Independent Contractor Defense in Wrongful Death Case

Date: Dec 4, 1999

West Virginia Supreme Court Establishes Illegal Work Exception to Independent Contractor Defense in Wrongful Death Case Introduction In the case of Lisa Sue King Shaffer, Administratrix and Personal...

West Virginia Supreme Court Upholds Cumulative Sentencing for Multiple Misdemeanor Convictions in Allen v. State

Date: Nov 18, 1999

West Virginia Supreme Court Upholds Cumulative Sentencing for Multiple Misdemeanor Convictions in Allen v. State Introduction The case of State of West Virginia v. Henry Theodore Allen, II (208 W....

West Virginia Recognizes Common-Law Cause of Action for Anticipated Medical Monitoring Costs

Date: Jul 20, 1999

West Virginia Recognizes Common-Law Cause of Action for Anticipated Medical Monitoring Costs Introduction In the landmark case of Bower et al. v. Westinghouse Electric Corporation, the Supreme Court...

Felony Murder in Drug Overdose Cases: Analysis of STATE OF WEST VIRGINIA v. JOHNNY RODOUSSAKIS

Date: Dec 11, 1998

Felony Murder in Drug Overdose Cases: Analysis of STATE OF WEST VIRGINIA v. JOHNNY RODOUSSAKIS Introduction The case of State of West Virginia v. Johnny Rodoussakis, decided on December 10, 1998, by...

Interpretation of 'Preexisting Condition' in Long-Term Care Insurance: Wickland v. American Travellers

Date: Nov 5, 1998

Interpretation of 'Preexisting Condition' in Long-Term Care Insurance: Wickland v. American Travellers Introduction Wickland v. American Travellers Life Insurance Company is a pivotal case...

KESSEL v. LEAVITT: Establishing Parental Rights and Judicial Jurisdiction in Adoption Cases

Date: Jul 23, 1998

KESSEL v. LEAVITT: Establishing Parental Rights and Judicial Jurisdiction in Adoption Cases Introduction In the landmark case of KESSEL v. LEAVITT, decided by the Supreme Court of Appeals of West...