Punitive Damages Not Subject to Pretrial Settlement Offsets: Analysis of Burgess v. State Farm Introduction The case of Billie Burgess v. Mark Porterfield and State Farm Mutual Automobile Insurance...
Substantial Compliance in Constitutional Amendment Procedures: Cooper v. Caperton Introduction In the landmark case of STATE of West Virginia ex rel. Thornton Cooper v. Governor Gaston Caperton,...
Revisiting the Plain View Exception: Balancing Officer Safety and Fourth Amendment Protections in State v. Lacy Introduction In the landmark case STATE of West Virginia v. John A. Lacy, the Supreme...
Annual Wage Increases Recognized as Unambiguous in FOPO Lodge No. 69 v. City of Fairmont Introduction The case of Fraternal Order of Police (FOPO) Lodge Number 69 and Thomas L. Hartley vs. The City...
Doctrine of Laches in Child Support Reimbursement: West Virginia Supreme Court Decision Introduction The case STATE of West Virginia, DEPARTMENT OF HEALTH AND HUMAN RESOURCES, CHILD ADVOCATE OFFICE,...
Binding Rejection of Underinsured Motorists Coverage for All Insureds: Cox v. Nationwide Insurance Introduction The case of Glenna Griffith Cox and James F. Cox, Administrator and Personal...
Chevron Deference Affirmed in West Virginia's Interpretation of Net Electricity Generation Tax Introduction In the landmark 1995 decision of Appalachian Power Company et al. v. State Tax Department...
Enforcing Anti-Stacking Provisions in Liability Auto Insurance Policies: Analysis of Payne v. Weston & Allstate Insurance Introduction In the landmark case Payne v. Weston & Allstate Insurance...
Reaffirming Liberal Admission of Expert Testimony under Rule 702: Analysis of Da v. Gentry Introduction In the landmark case Da v. d D. Gentry and Nancy Gentry, decided on December 8, 1995, the...
STATE v. DANIEL: Reinforcing Standards for Ineffective Assistance of Counsel in West Virginia Introduction State of West Virginia ex rel. Ronald Gene Daniel v. Carl Legursky, Warden (195 W. Va. 314)...
Continuing Violation of Gender Discrimination in Employment: Sarah Martin v. Randolph County Board of Education Introduction In the landmark case of Sarah Martin v. Randolph County Board of...
Extension of Human Rights Act Protections to Supervisors: Irene Hanlon v. Terry Chambers Introduction In Irene Hanlon v. Terry Chambers, the Supreme Court of Appeals of West Virginia addressed...
Clarifying Premeditation: West Virginia's New Standard in First Degree Murder Cases Introduction The case of STATE of West Virginia v. Dale Edward Guthrie [194 W. Va. 657 (1995)] marks a significant...
Clarifying the Role of Expert Testimony in Outrage Torts: Insights from Connie TANNER v. Rite Aid Introduction The legal landscape governing intentional infliction of emotional distress, commonly...
Attorney General's Authority under W. Va. CCPA to Pursue Excess Charge Claims against Creditors Confirmed Introduction The case of STATE of West Virginia ex rel. Darrell V. McGraw, Jr. v. Scott...
Probable Cause and Informant Reliability: A Comprehensive Analysis of State v. Lilly (1995) Introduction State of West Virginia v. Bruce Allen Lilly and Cecil Wayne Lilly, 194 W. Va. 595 (1995),...
Ensuring Due Process in Termination of Parental Rights and Adoption Proceedings: Insights from In re CHRISTINA L. and Kenneth J.L. (194 W. Va. 446) Introduction The case of In re CHRISTINA L. and...
Affirmation of Attorney-Client Privilege and Work Product Doctrine in Discovery: STATE v. CANADY Introduction The case of STATE of West Virginia ex rel. UNITED STATES FIDELITY AND GUARANTY COMPANY...
Establishing Biological Paternity Over Prenatal Adoption Agreements: Chrystal R.M. v. Charlie A.L. Case Commentary Introduction The case of Chrystal R.M., Plaintiff Below, Appellant v. Charlie A.L.,...
Reaffirming Standards on Judicial Recusal and Preservation of Trial Errors Introduction The case of Janet M. Tennant and Larry B. Tennant vs. Marion Health Care Foundation, Inc., Candace Chidester,...