Case law

Thomas v. West Virginia Human Rights Commission

181 W. Va. 428 · West Virginia Supreme Court · Jul 7, 1989

It is undisputed that he is less qualified than the complainant. … Roadway Express, Inc., 726 F.2d 1529 (11th Cir.1984) (previous offer to another member of protected class of position not offered to qualified complainant not dispositive in establishing lack of discriminatory motive in unlawful

Moss v. Campbell's Creek Railroad

75 W. Va. 62 · West Virginia Supreme Court · Oct 6, 1914

Here is an opportunity for it, and that without harmful violation of established legal order. … How has defendant been prejudiced if it is a fact that plaintiff has 'been duly appointed and qualified?

State Ex Rel. Melchiori v. Board of Education

188 W. Va. 575 · West Virginia Supreme Court · Dec 18, 1992

The language of the statute clearly indicates that a pre-requisite to a lateral placement is prior employment in that position. … If the Board has sound reasons for adhering to its current policy in a given case, these reasons can be considered in determining whether the reassignment decision complies with the standard established in Dillon which requires

Walker v. Sharma

221 W. Va. 559 · West Virginia Supreme Court · Nov 26, 2007

By eliminating the locality rule, courts such as ours clearly sought to remove the requirement that an expert was not qualified to testify in a medical malpractice case unless he was intimately familiar with local procedures … Levas’ education, training, and practice clearly qualified him to offer an opinion in this matter, the trial court should have permitted the case to proceed to a jury; it was up to the panel to determine what weight to accord

Evans v. State Compensation Director

150 W. Va. 161 · West Virginia Supreme Court · Oct 19, 1965

However, the heavy doses of cortisone made him immune to antibiotics and as a result thereof he developed a staph infection and pneumonia which was the immediate cause of his death. Dr. … However, there is much more evidence in the case at bar to establish the fact that the claimant’s recedent received a compensable injury than was presented in the Hoff case.

State of West Virginia v. Dale F.

West Virginia Supreme Court · Apr 26, 2021

The reason for this rule qualifying the right to withdraw a previously tendered guilty plea is set forth in United States v. Barker, 514 F.2d at 221, quoting Brady v. … The circuit court dismissed the case on the grounds that the defendants were entitled to statutory immunity and to immunity pursuant to the common law doctrine of prosecutorial immunity; and that the prosecutor was an improper

Arnold Agency v. West Virginia Lottery Commission

206 W. Va. 583 · West Virginia Supreme Court · Dec 13, 1999

As the Ninth Circuit stated: “Clearly, a policy which permits one claim to be invoked as an admission against an alternative or inconsistent claim would significantly restrict, if not eliminate, the freedom to plead inconsistent … However, while a court may take judicial notice of the orders of another court, such notice is “ ‘not for the truth of the matters asserted in the other litigation, but rather to establish the fact of such litigation and

State ex rel. Porter v. Bivens

151 W. Va. 665 · West Virginia Supreme Court · Jun 27, 1967

In the Slater case it was clearly established that the contestee Var-ney, who sought to have the election contest dismissed, had been found by an official tax commissioner audit to'have failed to account for approximately … As to whether mandamus is the proper remedy to try title to a public office, the scope of the writ has not been clearly defined in this jurisdiction. In Kline v. McKelvey, 57 W. Va. 29 , 49 S.

WAUSAU BUSINESS INS. CO. v. Madden

613 S.E.2d 924 · West Virginia Supreme Court · May 11, 2005

Discussion Wausau contends that the lower court was clearly wrong in holding that Wausau waived any objections to discovery when it failed to contemporaneously raise its attorney-client and work-product objections with a … Three exceptions relevant in the case before us are the attorney-client privilege, work-product qualified immunity and protection of "a party or person from annoyance, embarrassment, oppression, or undue burden or expense

BPI, Inc. v. National Mutual Insurance Co.

235 W. Va. 303 · West Virginia Supreme Court · May 20, 2015

Thus, under Cherrington, defective workmanship may qualify as an occurrence, allowing resulting damages to be covered under a policy such as BPI’s policy in this case. … Anchor Motor Freight, Inc., 169 W.Va. 698, 704, 289 S.E.2d 679, 683 (1982) (finding reversal to be “clearly foreshadowed by our decisions . . . overruling other common law immunities, particularly family immunities.”);

Rich v. Rich

185 W. Va. 148 · West Virginia Supreme Court · May 24, 1991

Accordingly, we hereby find that an interspousal transfer of property is clearly subject to the Act. … Rich clearly did not meet her burden of establishing that she paid for the property transferred to her out of her own estate.

Mingo County Board of Education v. Surber

195 W. Va. 279 · West Virginia Supreme Court · Nov 16, 1995

is more qualified, Grievant [Ms. … After conducting a hearing, the Grievance Board found that “grievant Surber established that she was the better qualified of the two applicants for the Aide position based upon her training and experience” and that the Board

Johnson v. Cassell

182 W. Va. 317 · West Virginia Supreme Court · Dec 5, 1989

Consequently, we find that the Hampshire County Board of Education clearly exceeded its legitimate powers by failing to fill the vacant teaching position by the appellant. … In addition, W.Va.Code § 18A-4-8b provides that the board “shall be liable to any party prevailing against the board for court costs and his reasonable attorney fee, as determined and established by the court.”

State Ex Rel. Davis v. Ruthbell Coal Co.

133 W. Va. 319 · West Virginia Supreme Court · Nov 1, 1949

The unemployment act, Article 8, Chapter 1, Acts of the Legislature, Second Extraordinary Session, 1936, as amended, established a special fund separate and apart from all public moneys or funds of the State, an unemployment … This latter statute deletes the word “voluntarily,” which was contained in the 1945 statute, and for the first time qualifies the word “work” by the words “his most recent.”

State Ex Rel. State of W. Va. Human Rights Commission v. Logan-Mingo Area Mental Health Agency, Inc.

174 W. Va. 711 · West Virginia Supreme Court · Apr 11, 1985

On August 5, 1982, the trial court issued an opinion in which it found that the Commission’s decision was clearly wrong; that the discharge of the complainant was justified; and that the claimant had failed to establish a … for the position or opening; (3) that he or she was rejected despite his or her qualifications; and (4) that after the rejection, the respondent continued to accept the applications of similarly qualified persons....

SER W. Va. Real Estate Appraiser Licensing and Certification Bd. v. Hon. Christopher D. Chiles

West Virginia Supreme Court · Sep 18, 2014

The Board’s authority is clearly statewide. … Notably, the test set forth in syllabus point one of Blower is the same test that is used to determine whether an organization is a state agency for purposes of immunity.

Thomas B., individually and as parent and next friend of A.B., a minor v. U.S. Hotel and Resort Management, Inc., and Regency Hotel Management, LLC

West Virginia Supreme Court · May 23, 2024

Upon our review, we find that the circuit court clearly erred in dismissing petitioner’s complaint. … the respondents’ invocation of immunity.

Deborah Kay Harris, Administratrix v. CSX Transportation

232 W. Va. 617 · West Virginia Supreme Court · Nov 13, 2013

Shields as not significant to establish causation. Ultimately, Dr. … Simply put, however, these principles have not been clearly understood or followed by trial courts.

State v. Simon

132 W. Va. 322 · West Virginia Supreme Court · Feb 15, 1949

Just why Hanger called Scott is not clearly indicated by the record. … through them the facts which he now seeks to establish.

Garrison v. Herbert J. Thomas Memorial Hospital Ass'n

190 W. Va. 214 · West Virginia Supreme Court · Nov 23, 1993

Hogshead knowingly gave false statements to Memorial Hospital, then the immunity from liability provision under the peer review immunity statutes would not be afforded to Thomas Hospital. … Clearly, the public policy in favor of full disclosure encourages individuals to provide “good-faith health care peer review.” Mahmoodian v.