West Virginia Case Commentaries

Limitations on Administrative Subpoenas: Insights from STATE of West Virginia ex rel. Katherine Anne HOOVER, M.D. v. Honorable Irene C. BERGER

Date: Nov 16, 1996

Limitations on Administrative Subpoenas: Insights from STATE of West Virginia ex rel. Katherine Anne HOOVER, M.D. v. Honorable Irene C. BERGER Introduction The case of STATE of West Virginia ex rel....

Municipal Immunity in Building Permit Delays Confirmed in Hutchison v. City of Huntington

Date: Nov 16, 1996

Municipal Immunity in Building Permit Delays Confirmed in Hutchison v. City of Huntington Introduction The case of Scott Hutchison v. The City of Huntington, decided by the Supreme Court of Appeals...

Clarifying Governmental Immunity and Insurance Coverage in Parkulo v. West Virginia Board of Probation and Parole

Date: Nov 16, 1996

Clarifying Governmental Immunity and Insurance Coverage in Parkulo v. West Virginia Board of Probation and Parole Introduction In Chandra K. Parkulo v. West Virginia Board of Probation and Parole,...

Preservation of Jurisdiction in Delayed Rule 35(b) Motions: State v. Head

Date: Nov 15, 1996

Preservation of Jurisdiction in Delayed Rule 35(b) Motions: State of West Virginia v. Head Introduction In State of West Virginia v. Michael Head, 198 W. Va. 298 (1996), the Supreme Court of Appeals...

Affirmation of Parental Rights Termination with Mandate for Post-Termination Visitation Consideration in In re Katie S. and David S.

Date: Nov 15, 1996

Affirmation of Parental Rights Termination with Mandate for Post-Termination Visitation Consideration in In re Katie S. and David S. Introduction In re Katie S. and David S. (198 W. Va. 79) is a...

Unconsciousness as a Distinct Defense in West Virginia Criminal Law: Analysis of STATE v. Hinkle

Date: Nov 1, 1996

Unconsciousness as a Distinct Defense in West Virginia Criminal Law: Analysis of STATE of West Virginia v. Charles Rhea Hinkle Introduction In the landmark case of STATE of West Virginia v. Charles...

West Virginia Supreme Court Establishes Exclusive Remedy for Non-Resident Employees Under Workers' Compensation Act

Date: Jul 20, 1996

West Virginia Supreme Court Establishes Exclusive Remedy for Non-Resident Employees Under Workers' Compensation Act 1. Introduction The case of Douglas Gallapoo v. Wal-Mart Stores, Inc. addressed a...

McCormick v. Allstate: Clarifying the "Substantial Prevailing" Standard and the Separation of Hayseeds and Jenkins Claims

Date: Jul 19, 1996

McCormick v. Allstate: Clarifying the "Substantial Prevailing" Standard and the Separation of Hayseeds and Jenkins Claims Introduction In the landmark case Donald C. McCormick v. Allstate Insurance...

Revising Reasonable Accommodation: Skaggs v. Elk Run Coal Company

Date: Jul 12, 1996

Revising Reasonable Accommodation: Skaggs v. Elk Run Coal Company Introduction Case: Alfred M. Skaggs, Plaintiff Below, Appellant, v. Elk Run Coal Company, Inc., Defendant Below, Appellee. Court:...

Termination of Parental Rights in Abuse and Neglect Cases: Insights from West Virginia Department of Health and Human Resources v. Wright

Date: Jul 9, 1996

Termination of Parental Rights in Abuse and Neglect Cases: Insights from West Virginia Department of Health and Human Resources v. Wright Introduction The case of West Virginia Department of Health...

West Virginia Supreme Court Clarifies Admissibility of Horizontal Gaze Nystagmus Tests and Standards for Investigatory Vehicle Stops in Muscatell v. Cline

Date: Jun 15, 1996

West Virginia Supreme Court Clarifies Admissibility of Horizontal Gaze Nystagmus Tests and Standards for Investigatory Vehicle Stops in Muscatell v. Cline Introduction In the landmark case Muscatell...

Strict Application of Statute of Limitations in Construction Defect Case: Powderidge Unit Owners Association v. Highland Properties

Date: Jun 15, 1996

Strict Application of Statute of Limitations in Construction Defect Case: Powderidge Unit Owners Association v. Highland Properties Introduction The case of Powderidge Unit Owners Association v....

State of West Virginia v. Angela Dawn Miller: Affirmation of First-Degree Murder Conviction

Date: Jun 15, 1996

State of West Virginia v. Angela Dawn Miller: Affirmation of First-Degree Murder Conviction Introduction In the landmark case of State of West Virginia v. Angela Dawn Miller, the Supreme Court of...

Revisiting Alimony and Attorney's Fees: Insights from Banker v. Banker

Date: May 18, 1996

Revisiting Alimony and Attorney's Fees: Insights from Banker v. Banker Introduction George M. Banker, Plaintiff Below, Appellee, v. Anne F. Banker, Defendant Below, Appellant is a significant case...

Affirmation of HCCRA's Jurisdiction Over Stationary CT Services: The WV Healthcare Cost Review Authority v. Boone Memorial Hospital

Date: May 18, 1996

Affirmation of HCCRA's Jurisdiction Over Stationary CT Services Introduction The WEST VIRGINIA HEALTH CARE COST REVIEW AUTHORITY (HCCRA) v. Boone Memorial Hospital is a pivotal case decided by the...

Adverse Possession Requires Clear and Convincing Evidence Standard: Brown v. Gobble

Date: May 18, 1996

Adverse Possession Requires Clear and Convincing Evidence Standard: Brown v. Gobble Introduction The case of Gary S. Brown and Mitzi M. Brown v. David L. Gobble and Sue Ann Gobble, decided by the...

Limiting Improvement Periods in Child Abuse and Neglect Cases: Analysis of STATE of West Virginia ex rel. AMY M., et al. v. s B.

Date: Apr 9, 1996

Limiting Improvement Periods in Child Abuse and Neglect Cases: Analysis of STATE of West Virginia ex rel. AMY M., et al. v. s B. Introduction The case of STATE of West Virginia ex rel. AMY M., Shane...

Enforcement of Visitation Orders and the Role of Civil Contempt in Family Law: Insights from Carter v. Carter

Date: Mar 22, 1996

Enforcement of Visitation Orders and the Role of Civil Contempt in Family Law: Insights from Carter v. Carter Introduction Carter v. Carter, 196 W. Va. 239 (1996), is a significant case adjudicated...

Establishing Premeditation: LaROCK v. State of West Virginia

Date: Mar 21, 1996

Establishing Premeditation: LaROCK v. State of West Virginia Introduction The case of STATE of West Virginia, Plaintiff Below, Appellee, v. Jeffrey Scott LaROCK, Defendant Below, Appellant (196 W....

Affirmation of Parental Rights Termination: Procedural Standards in Child Abuse and Neglect Proceedings

Date: Mar 21, 1996

Affirmation of Parental Rights Termination: Procedural Standards in Child Abuse and Neglect Proceedings 1. Introduction The case of In the Interest of: Tiffany Marie S., Taylor Brook S., Children...