Case law

Powers v. Goodwin

170 W. Va. 151 · West Virginia Supreme Court · May 17, 1982

After the court of appeals had ruled that the defendants were protected by absolute immunity, the Supreme Court reversed by setting out a means of determining qualified immunity. … Hence, to qualify for immunity under Scheuer a public official must pass both the objective test of reasonable grounds and the subjective test of good faith. See Wood v.

Cowan v. Cowan

133 W. Va. 115 · West Virginia Supreme Court · Jun 21, 1949

Cowan later qualified. Robert C. … In our opinion the Virginia cases cited clearly attach that solemnity to an order of probate, and, if we looked upon this proceeding as a direct attack upon the will of A. B.

Russell v. Bush & Burchett, Inc.

210 W. Va. 699 · West Virginia Supreme Court · Nov 28, 2001

Unless the legislature has clearly provided for immunity *706 under the circumstances, the general common-law goal of compensating injured parties for damages caused by negligent acts must prevail. 9 In connection with State … The parties also submit arguments in their briefs regarding rulings by the circuit court relating to independent contractor status, the public duty doctrine, the Restatement of Torts, qualified immunity, and indemnification

Bender v. Glendenning

219 W. Va. 174 · West Virginia Supreme Court · Jul 11, 2006

The history in West Virginia of the qualified immunity, from tort liability, available to municipalities and certain other political subdivisions of the state is consistent with the typical pattern in most of the other jurisdictions … The Act explicitly provides that: The purchase of liability insurance, or the establishment and maintenance of a self-insurance program, by a political subdivisions does not constitute a waiver of any immunity it may have

City of Morgantown v. Ducker

153 W. Va. 121 · West Virginia Supreme Court · Jun 17, 1969

immorality, and then only in the manner prescribed by law for the removal by the governor of State elective officers; and before exercising any authority or performing any duties as a member of the board each member must qualify … Va. 257 , in which the Kanawha Board was held liable for damage occasioned by its negligence in failing to discharge its duties and that a suit against the board was not a suit against the State, are also clearly distinguishable

Hose v. Berkeley County Planning Commission

194 W. Va. 515 · West Virginia Supreme Court · Jul 14, 1995

We heeded the following “general rule of construction in governmental tort legislation cases favoring liability, not immunity: unless the legislation has clearly provided for immunity under the circumstances, the general … Firestone Tire & Rubber Co., 164 W.Va. 763 , 266 S.E.2d 905 (1980), and held that “W.Va.Code, 29-12A-5(a)(ll) clearly contemplates immunity for political subdivisions from tort liability in actions involving claims covered

Davis Ex Rel. Davis v. Wallace

211 W. Va. 264 · West Virginia Supreme Court · Jul 3, 2002

that the claims and other legal contentions made by the appellants were not warranted by existing law, nor did they constitute a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment … The court must explain its reasons clearly on the record if it decides a sanction is appropriate.

Shawnee Bank, Inc. v. Paige

200 W. Va. 20 · West Virginia Supreme Court · May 29, 1997

We believe the authorities cited by the Tax Commissioner establish that a state may tax interest income from securities is *24 sued by the FNMA without violating the intergovernmental tax immunity doctrine. … The court further considered the fact that Congress does not require the FNMA to qualify to do business in any state and provided it with immunity from most forms of state taxation.

Falls v. UNION DRILLING INC.

223 W. Va. 68 · West Virginia Supreme Court · Dec 30, 2008

“Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, Chrystal R.M. v. … Va.Code 23-2-6 (1991) to provide qualifying employers sweeping immunity from common-law tort liability for negligently inflicted injuries. As this Court succinctly stated in State ex rel. Frazier v.

University of West Virginia Board of Trustees Ex Rel. West Virginia University v. Graf

205 W. Va. 118 · West Virginia Supreme Court · Dec 14, 1998

The University concludes that this is clearly a case of retroactive relief and because the award of attorney fees is paid from the State treasury, it is clearly barred. Dr. … In 1989, the Legislature repealed the code sections that established the board of regents.

State Ex Rel. Postelwaite v. Bechtold

158 W. Va. 479 · West Virginia Supreme Court · Feb 4, 1975

The prosecution witnesses, if believed, clearly implicated; the defense witnesses, if believed, clearly exonerated. … The “conflict” to be established must be actual, and not merely speculative or theoretical. See, United States v.

Jeremy Walters v. City of Kenova, W. Va. and Ray Mossman

West Virginia Supreme Court · May 11, 2018

Consequently, we caution counsel that Rule 10(c)(7) of the West Virginia Rules of Appellate Procedure requires that [t]he brief must contain an argument exhibiting clearly the points of fact and law presented … immunity.

Anthony and Susan Warrix v. City of Sophia

West Virginia Supreme Court · Mar 28, 2014

or statutory right was clearly established is one of law for the court. … West Virginia Code § 29-12A-5(a)(11) clearly states that a political subdivision enjoys immunity from liability where the loss or claim is the result of “any claim covered by any workers’ compensation law or any employer’

In the Interest of Anthony Ray Mc.

200 W. Va. 312 · West Virginia Supreme Court · Jun 19, 1997

While findings of fact are subject to a clearly wrong standard, “‘[w]here the issue on an appeal from the *318 circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard … If the prosecutor fails to establish a grant of immunity was made, the declarant is available within the meaning of the Confrontation Clause. 29 Additionally, if unavailability under Rule 804(b)(3) is determined for any other

Miller v. Monongahela Power Co.

184 W. Va. 663 · West Virginia Supreme Court · Feb 7, 1991

That leaves doubt in the minds of somebody who wants to go in there for some sort of purpose other than a qualified individual, maybe this isn’t the right place. … The jury clearly found Monongahela to be at fault.

Skaff v. Pridemore

200 W. Va. 700 · West Virginia Supreme Court · Jul 15, 1997

Grievants have established that Respondent is in abuse of its discretion in failing to establish and implement a reasonable shift-trading policy. 4. … Sovereign immunity itself clearly does not violate due process.

Hope Natural Gas Co. v. West Virginia Turnpike Commission

143 W. Va. 913 · West Virginia Supreme Court · Nov 18, 1958

of the state for its establishment, maintenance and operation, and which dependency, though not always clearly specified in such cases as controlling, was nevertheless a most important factor therein in the determination … Cases involving only the exercise of a proprietary function by a truly governmental agency or branch of the state government hold that such agency or branch is clearly without immunity.

State of West Virginia ex rel., John Cherian,M.D., and Weirton Medical Center v. The Honorable Ronald E. Wilson, Judge of the Circuit of Brooke County, and Keving and Margaret Craft

West Virginia Supreme Court · Apr 15, 2022

Va. 563, 746 S.E.2d 554 (2013) (recognizing that summary judgment orders addressing qualified immunity are immediately reviewable based upon an immune defendant’s right not to be burdened with trial and holding that “[a] … circuit court’s order denying summary judgment on qualified immunity grounds on the basis of disputed issues of material fact must contain sufficient detail to permit meaningful appellate review.

Western Lunatic Asylum v. Miller

29 W. Va. 326 · West Virginia Supreme Court · Feb 5, 1887

In such event the statute of limitations would -commence to run at the expiration of five years from the death; that is, the law, according to our statute, conclusively presmnes that an administrator has qualified on the … For the foregoing reasons, I am clearly of opinion, that the decrees of the Circuit Court entered in this cause should be reversed and the plaintiff’s bill dismissed with costs to the administrator of Irby against the plaintiff

Morgan v. City of Wheeling

205 W. Va. 34 · West Virginia Supreme Court · Jun 4, 1999

This design has the dual result of protecting the job security of those police officers who are best qualified while also guaranteeing that the public is served by police officers of the highest merit. … protected by the Privileges and Immunities Clause, U.S.