Case law

State Ex Rel. Medical Assurance of West Virginia, Inc. v. Recht

213 W. Va. 457 · West Virginia Supreme Court · Jul 11, 2003

“While *467 the work product doctrine creates a form of qualified immunity from discovery, it does not label protected material as ‘privileged’ and thus outside the scope of discovery under Rule 26(b)(1), W.V.R.C.P.” … The attorney-client privilege allows for an honest, careful and prompt analysis by qualified persons.

Hamill v. Koontz

134 W. Va. 439 · West Virginia Supreme Court · May 31, 1950

The Legislature has established a system of taxation and, as part of the system so established, has imposed upon the tax commissioner the duty of supervising its operation and of giving aid and assistance, in an advisory … Principles applicable to an unincorporated *445 state agency, in relation to whether a suit against it is in substance one against the state, are as clearly applicable to a corporate agency of the state.

In Re: Jimmy M. W.

West Virginia Supreme Court · May 30, 2014

We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court's underlying factual findings under a clearly erroneous standard. … Clearly, the Legislature established this framework because it deemed multiple sex offenses, sexual violence, and sexual offenses against children to be more dangerous to the public.

Jennifer Bowyer v. Fayette County Board of Education

West Virginia Supreme Court · Nov 21, 2014

Bowyer contends this candidate was not qualified and Ms. Bowyer, who was qualified at the time of posting, was entitled to first priority in filling the positon. … Bowyer) was qualified for the position before the beginning of the assignment and, accordingly, her placement in that position was not clearly wrong.

Monongahela Power Company v. Michael A. Buzminsky and Vickie Buzminsky

West Virginia Supreme Court · Nov 2, 2020

The immunity established for “duly qualified emergency services workers” pursuant to West Virginia Code § 15-5-11(a) (2006) applies only to individual employees and does not extend to such employee’s private employer or … We therefore hold that the immunity established for “duly qualified emergency services workers” pursuant to West Virginia Code § 15-5-11(a) applies only to individual employees and does not extend to such employee’s private

Cunningham v. Cokely

79 W. Va. 60 · West Virginia Supreme Court · Oct 24, 1916

The right of a qualified elector to vote at all elections is not unreasonably impeded”. … This mode of securing representation on the official ballots clearly was available to the adherents of the Prohibition party.

Preston Memorial Hospital v. Palmer

213 W. Va. 189 · West Virginia Supreme Court · Feb 27, 2003

Demonstration of the requisite authority and control to establish the recipient organization as an employer and the personnel in question as qualifying leased employees 9 is accomplished by applying the twenty factors contained … not covered by a similar qualified plan provided by leasing organization.

Joy Ann Clark v. Board of Ed. of the County of Fayette

West Virginia Supreme Court · Nov 10, 2016

The circuit court entered a scheduling order that established a discovery deadline of September 15, 2015. … We have held as follows: “[West Virginia Code] § 29-12A-5(a)(6) (1986) clearly provides political subdivisions with immunity from liability for losses or claims resulting from snow or ice placed on public

United States Coal & Coke Co. v. Turk

127 W. Va. 368 · West Virginia Supreme Court · Dec 12, 1944

A subsequent act established rates of pay for all navy officers in general, including rear admirals. … This Court held that the earlier act was not affected by the later one, and the decision was directly based upon the immunity of specific and particular acts against later broad or general acts not purporting directly to

Drennen v. Department of Health

163 W. Va. 185 · West Virginia Supreme Court · Jun 5, 1979

Gregory be considered for the job, if qualified. … We are convinced that the evidence presented at the hearing clearly establishes that the Department of Health officials were in fact politically influenced and, except for the memorandum, would have hired Ms.

State v. Bennett

179 W. Va. 464 · West Virginia Supreme Court · May 9, 1988

Certainly, the language of Rule ll(e)(6)(D)(ii) clearly provides an immunity against the use of guilty plea testimony at a subsequent criminal trial where the plea is not entered. 6 The federal courts uniformly hold that … He was subsequently given immunity under the statute and testified before the grand jury.

Ranger Fuel Corp. v. West Virginia Human Rights Commission

180 W. Va. 260 · West Virginia Supreme Court · Dec 12, 1988

provided no administrative guidance what *264 soever on the way decisions were to be made by the hearing examiners; all this Court did was provide additional hearing examiners whose decisions on the merits were no more immune … Once an applicant has established a prima facie case, the burden then shifts to the employer to rebut the prima facie case by presenting a legitimate, nondiscriminatory reason for the applicant’s rejection.

Watson v. Inco Alloys International, Inc.

209 W. Va. 234 · West Virginia Supreme Court · Mar 9, 2001

disturbed unless it clearly appears that its discretion has been abused.’ … Sevart would clearly assist the jury in deciding this issue. For the foregoing reasons, we find that the circuit court erred, and abused its discretion, in excluding Mr.

Harshbarger v. Gainer

184 W. Va. 656 · West Virginia Supreme Court · Apr 4, 1991

In addition, the widows of Judges DePond and Kingdon now qualify for annuities under W.Va.Code, 51-9-6b [1987]. … We are satisfied that it would be contrary to established law to permit Justice Harsh-barger to receive a judicial pension at this time.

Board of Education v. Bowers

183 W. Va. 399 · West Virginia Supreme Court · Jul 11, 1990

In such circumstances, the statute, in effect, establishes a presumption that the applicant with the most seniority is more qualified. 177 W.Va. at 148-149 , 351 S.E.2d at 61-62 (footnote omitted). … Our task is merely to clarify or interpret the method that has been established by law to effectuate such reductions in force.

Kanawha Eagle Coal, LLC v. Tax Commissioner

216 W. Va. 616 · West Virginia Supreme Court · Dec 1, 2004

Kana-wha Eagle offered the testimony of a witness and introduced various exhibits through this witness for the purpose of establishing that the only action taken with regard to the clean coal upon its arrival at the river … The rate established by statute for assessing the severance tax is five percent of the “gross value” of the coal produced. W.Va.Code § ll~13A-3(b).

Smith v. West Virginia Human Rights Commission

216 W. Va. 2 · West Virginia Supreme Court · Jul 2, 2004

. *6 The standard under which the Human Rights Commission reviews a decision of an administrative law judge is established by statute. … An employer shall make reasonable accommodation to the known physical or mental impairments of qualified individuals with disabilities where necessary to enable a qualified individual with a disability to perform the essential

Short v. Appalachian OH-9, Inc.

203 W. Va. 246 · West Virginia Supreme Court · Jul 15, 1998

With regard to establishing the former, W.Va.Code, 55-7B-7 [1986], states: “The applicable standard of care and a defendant’s failure to meet said standard, if at issue, shall be established in medical professional liability … be disturbed unless it clearly appears that its discretion has been abused.”

State v. Hutzler

223 W. Va. 461 · West Virginia Supreme Court · May 14, 2009

In the instant case, the Magistrate Court of Jefferson County clearly did not have jurisdiction of the burglary and grand larceny offenses because these offenses are felonies. … As set forth above, the double jeopardy clause provides immunity from further prosecution where a court having jurisdiction has acquitted the accused.

State v. Deskins

181 W. Va. 112 · West Virginia Supreme Court · Apr 6, 1989

Brown, 177 W.Va. 633 , 355 S.E.2d 614 (1987), we reiterated our basic test to determine juror qualification. “ 'The true test as to whether a juror is qualified to serve on the panel is whether without bias or prejudice he … a criminal proceeding is the only person who may assert the protection of that statute in regard to that grant of immunity.