West Virginia Case Commentaries

Establishing Qualified Immunity for State Executive Officials in Investment Loss Cases

Date: Nov 26, 1992

Establishing Qualified Immunity for State Executive Officials in Investment Loss Cases Introduction The case of State of West Virginia v. Chase Securities, Inc. adjudicated by the Supreme Court of...

Establishing Standards for Sufficiency of Evidence and Jury Procedures in First Degree Murder Cases: State v. Triplett

Date: Jul 24, 1992

Establishing Standards for Sufficiency of Evidence and Jury Procedures in First Degree Murder Cases: State v. Triplett Introduction State of West Virginia v. Donald Wayne Triplett is a pivotal case...

Duty of Care Extends Beyond Leased Premises: Marthella Andrick v. Town of Buckhannon

Date: Jul 21, 1992

Duty of Care Extends Beyond Leased Premises: Marthella Andrick v. Town of Buckhannon Introduction In the case of Marthella Andrick and Joseph R. Andrick, Plaintiffs Below, Appellants, v. The Town of...

Establishing Slander of Title and Punitive Damages in TXO Production Corp. v. Alliance Resources Corp.

Date: May 15, 1992

Establishing Slander of Title and Punitive Damages in TXO Production Corp. v. Alliance Resources Corp. Introduction The case of TXO Production Corp., a Delaware corporation licensed to do business in...

State of West Virginia v. Denzil Delaney: Upholding Judicial Standards in Child Sexual Assault Cases

Date: Apr 17, 1992

State of West Virginia v. Denzil Delaney: Upholding Judicial Standards in Child Sexual Assault Cases Introduction The case of State of West Virginia vs. Denzil Delaney (187 W. Va. 212) represents a...

Intentional Infliction of Emotional Distress: Frances Courtney v. Courtney Establishes Expanded Liability for Parental Conduct

Date: Dec 20, 1991

Intentional Infliction of Emotional Distress: Frances Courtney v. Courtney Establishes Expanded Liability for Parental Conduct Introduction In the landmark case of Frances Courtney v. Courtney, heard...

Setting New Standards for Punitive Damages: Garnes v. Fleming Landfill Establishes Due Process Constraints in West Virginia

Date: Dec 6, 1991

Setting New Standards for Punitive Damages: Garnes v. Fleming Landfill Establishes Due Process Constraints in West Virginia Introduction In the landmark case Julian Garnes and Sharon Garnes v....

Insurer’s Bad Faith in Appraisal Proceedings: Comprehensive Analysis of Smithson Bros. v. USF G

Date: Nov 23, 1991

Insurer’s Bad Faith in Appraisal Proceedings: Comprehensive Analysis of Smithson Bros. Well Ser v. USF G Introduction Carl W. Smithson, Sr., doing business as Smithson Bros. Well Service Company...

Compelling Grounds for Denial of Improvement Period in Parental Rights Termination: Analysis of JAMES M. et al. v. MAYNARD

Date: Jul 30, 1991

Compelling Grounds for Denial of Improvement Period in Parental Rights Termination: Analysis of JAMES M. et al. v. MAYNARD Introduction The case of JAMES M., Timothy M., Ike S.M., and Brandon C.M.,...

Admissibility of Prior Child Abuse Evidence Under Rule 404(b) in Terminating Parental Rights

Date: Jul 30, 1991

Admissibility of Prior Child Abuse Evidence Under Rule 404(b) in Terminating Parental Rights Introduction In the Interest of Carlita B., decided by the Supreme Court of Appeals of West Virginia on...

Refinement of the Plain View Doctrine in West Virginia: Julius v. State

Date: Jul 4, 1991

Refinement of the Plain View Doctrine in West Virginia: Julius v. State Introduction In the landmark case of State of West Virginia v. Rubin "Skeeter" Julius, decided on July 3, 1991, the Supreme...

Helmick v. Potomac Edison: Upholding High Duty of Care for Electric Companies and Restricting Indemnification in Adhesion Contracts

Date: Jun 28, 1991

Helmick v. Potomac Edison: Upholding High Duty of Care for Electric Companies and Restricting Indemnification in Adhesion Contracts Introduction In the landmark case of Helmick v. Potomac Edison...

Establishing the Lustful Disposition Exception in Child Sexual Abuse Cases: An Analysis of State of West Virginia v. Edward Charles L., Sr.

Date: Sep 22, 1990

Establishing the Lustful Disposition Exception in Child Sexual Abuse Cases: An Analysis of State of West Virginia v. Edward Charles L., Sr. Introduction The case of State of West Virginia v. Edward...

Contribution Claims and Verdict Reduction in Civil Litigation: Board of Education of McDowell County v. Zando, Martin Milstead, Inc.

Date: Feb 23, 1990

Contribution Claims and Verdict Reduction in Civil Litigation: Board of Education of McDowell County v. Zando, Martin Milstead, Inc. Introduction Board of Education of McDowell County v. Zando,...

Rebutting Presumption of Legitimacy through Blood Test Evidence: MICHAEL K.T. v. TINA L.T. Commentary

Date: Dec 22, 1989

Rebutting Presumption of Legitimacy through Blood Test Evidence: MICHAEL K.T. v. TINA L.T. Commentary Introduction MICHAEL K.T. v. TINA L.T. is a landmark case decided by the Supreme Court of Appeals...

Balancing Natural Parental Rights and Child Welfare: Insights from Honaker v. Burnside

Date: Dec 22, 1989

Balancing Natural Parental Rights and Child Welfare: Insights from Honaker v. Burnside Introduction The case of Leonard Douglas Honaker v. Robert A. Burnside, Jr. presents a poignant exploration of...

Gender Equality in High School Athletics: Erin Israel v. West Virginia Secondary Schools Activities Commission

Date: Dec 21, 1989

Gender Equality in High School Athletics: Erin Israel v. West Virginia Secondary Schools Activities Commission Introduction The landmark case of Erin Israel, by her Next Friend, Patricia Israel v....

Termination of Parental Rights in Neglect Cases: Analysis of In the Matter of Jonathan P.

Date: Dec 1, 1989

Termination of Parental Rights in Neglect Cases: Analysis of In the Matter of Jonathan P. Introduction In the Matter of Jonathan P. is a pivotal 1989 decision by the Supreme Court of Appeals of West...

Defining Fiscal Emergencies in Educational Budgeting: Randolph County Board of Education v. Scalia et al.

Date: Nov 22, 1989

Defining Fiscal Emergencies in Educational Budgeting: Randolph County Board of Education v. Scalia et al. Introduction The case Randolph County Board of Education v. Bonnie Scalia, Harry L. Vannoy,...

Insurance Liability in Sexual Misconduct Cases: Horace Mann Insurance Co. v. Leeber

Date: Dec 21, 1988

Insurance Liability in Sexual Misconduct Cases: Horace Mann Insurance Co. v. Leeber Introduction The case of Horace Mann Insurance Company v. James V. Leeber represents a significant judicial...