Case law

State ex rel. Garner v. Garvin

145 W. Va. 820 · West Virginia Supreme Court · Dec 20, 1960

There is no merit to this contention because the rule of immunity in such cases was established many generations ago in England, and has been treated in this country as a part of the common law. … However, there was never any intention to limit such immunity to such cases. This is clearly indicated in the case of Morris v. Calhoun, 119 W. Va. 603, 608 , 195 S.

STATE EX REL. MAPLE CREATIVE LLC v. Tincher

226 W. Va. 118 · West Virginia Supreme Court · Jun 18, 2010

Despite well-established West Virginia law providing a preference to West Virginia businesses in such contract bids, the Director refused to apply the preference to Maple Creative. … The plain language of the Act, however, merely states that, to qualify for the preference, the resident vendor’s bid cannot exceed, by more than two and one-half percent, the lowest qualified bid from a non-resident vendor

Williams v. Board of Education

45 W. Va. 199 · West Virginia Supreme Court · Nov 16, 1898

In this case the trustees established a colored school at Coketon; and it must be presumed that this was done in accordance with the provisions of section 17, and not section 18, chapter 45, Code. … Discrimination against the colored people, because of color alone, as to privileges, immunities, and equal legal protection, is contrary to public policy and the law of the land.

Tolley v. ACF Industries, Inc.

212 W. Va. 548 · West Virginia Supreme Court · Nov 14, 2002

While plaintiffs’ experts disagree with the manner in which ACF performed its evaluation, plaintiffs’ experts admit that good, well intentioned and well qualified individuals can disagree about the manner of performing industrial … The circuit court also rejected Appellants' attempt to rely on the “dual capacity" or "dual personna” doctrine as a method of circumventing ACF’s statutory immunity from common law suit.

Melissa C. v. W. Va. Dept. of Health and Human Resources

West Virginia Supreme Court · May 20, 2016

In its motion to dismiss, respondents argued that they were entitled to qualified immunity as to petitioner’s claims. … The circuit court declined to rule on respondents’ statute of limitations argument and noted that such an issue would be addressed when and if the case was refiled by requirements established by the U.S.

C.C. and J.C., as next friends of the minor child M.C. v. Harrison County Board of Education

West Virginia Supreme Court · Jun 17, 2021

In creating the general grant of immunity, in W. Va. … This claim also is precluded by the Act’s grant of immunity to political subdivisions because section 29-12A-5(a)(4) also provides immunity for a political subdivision’s “[a]doption . . .

SER Justin S. Golden, Sr. v. Hon. Tod J. Kaufman, Judge

West Virginia Supreme Court · Jun 16, 2014

I write separately to express my displeasure with the majority’s foray into waters clearly reserved for legislative action. … By its use of prohibition to alter long-established common law, rather than as a means to enforce and uphold existing law, the majority acted in a manner that was highly irregular and clearly unwarranted.3

SER Justin S. Golden, Sr. v. Hon. Tod J. Kaufman, Judge

West Virginia Supreme Court · Jun 16, 2014

I write separately to express my displeasure with the majority’s foray into waters clearly reserved for legislative action. … By its use of prohibition to alter long-established common law, rather than as a means to enforce and uphold existing law, the majority acted in a manner that was highly irregular and clearly unwarranted.3

Brent D. Benjamin v. Elizabeth D. Walker

237 W. Va. 181 · West Virginia Supreme Court · Apr 19, 2016

The contrary conclusions of the court below were clearly erroneous. … It is well established that there are “certain circumstances in which an agency may perform a function that is implied, but not specifically permitted, by statute…,” and that an agency’s authority includes “’such other

Shroades Ex Rel. Shroades v. Henry

187 W. Va. 723 · West Virginia Supreme Court · Jul 22, 1992

However when the by-laws do not clearly indicate that peer review is a function of the committee, the party asserting the privilege has the burden of presenting additional information. … The by-laws do not clearly specify if the special committee and the medical staff committee are “review organizations.”

William Douglas Witten v. Joshua Butcher

238 W. Va. 323 · West Virginia Supreme Court · Nov 30, 2016

The statute clearly and unambiguously requires voters to sign the poll book prior to being given a ballot. … This measurement establishes the restricted “no electioneering” area from the polling place.

Mark W. Matkovich, State Tax Comm. v. University Healthcare Foundation, Inc.

238 W. Va. 345 · West Virginia Supreme Court · Oct 11, 2016

For purposes of determining whether a qualifying charitable organization under 26 U.S.C. § 501(c)(3) or 501(c)(4) has established the exclusive, or primary and immediate, charitable use required for seeking ad valorem tax … property clearly falls within the exception.

Swinburn v. Smith

15 W. Va. 483 · West Virginia Supreme Court · Oct 25, 1879

as such clerk, there being when he qualified no controversy pending by which his right to this office was disputed. … Gillison could only be extended by the failure of his successor to be elected and qualified.

State v. Blevins

131 W. Va. 350 · West Virginia Supreme Court · Mar 23, 1948

Therein it was said: “The system established by the Constitution and laws of West Virginia (Const. … No privilege or immunity is denied such former owner, or those claiming under him or acting for him.

Pasquale v. Ohio Power Co.

187 W. Va. 292 · West Virginia Supreme Court · May 15, 1992

Clearly, the future wage loss accruing after the jury verdict is not a prejudgment loss or “special damage” under W.Va.Code, 56-6-31. … They allowed a man to proceed with work without the qualifying person, their authoritative supervisor on the spot.

Ashland Oil, Inc. v. Rose

177 W. Va. 20 · West Virginia Supreme Court · Nov 12, 1986

The appellee, Ashland, is a Kentucky corporation qualified to do business in West Virginia. It is an integrated oil company engaged in a wide variety of business enterprises. … “It is well established that reliance interests weigh heavily in the shaping of an appropriate equitable remedy.” 411 U.S. at 203 , 93 S.Ct. at 1471 .

State Ex Rel. Myers v. Hodge

129 W. Va. 820 · West Virginia Supreme Court · Mar 18, 1947

We have noted that defendant Hodge testified that the place of salé was incorporated in the notices posted by him, but the stipulation of the parties establishes a different situation. … Clearly under the notice of sale incorporated in this record, the place of sale was not set forth or indicated.

Barger v. Hood

87 W. Va. 78 · West Virginia Supreme Court · Oct 5, 1920

The legislature evidently contemplated that juries were better qualified to determine what language would be insulting to a gentleman’s moral sensibilities than the judges who, because of their habits of thought, may acquire … If it is the intention to charge a single publication in which all of the parties engaged, and which was the result of their joint action, the language can be made to clearly express this purpose; or if, on the other hand

Potomac Comprehensive Diagnostic & Guidance Center, Inc., aka Potomac Center, Inc. v. L.K., By Her Guardian and Conservator, Kelly Young, and D.S., By His Guardian and Conservator, Kelly Young

West Virginia Supreme Court · Jun 5, 2024

THE POTOMAC CENTER, https://www.potomaccenter.com (last visited June 4, 2024).1 For purposes of the express language of the statute, it clearly “offers its services[] . . . to the general public[.]” W. Va. … Nor can the “screening” at issue here be distinguished from other establishments this Court has declared “place[s] of public accommodations.”

Webb v. Fury

282 S.E.2d 28 · West Virginia Supreme Court · Sep 10, 1981

"[A] publicity campaign to influence governmental action falls clearly into the category of political activity." Noerr, supra, 365 U.S. at 140-141 , 81 S.Ct. at 531 , 5 L.Ed.2d at 473 . … The majority appears to establish blanket immunity for false publications, even if published with the knowledge that the statements are false, and blanket immunity for tortious interference with business activity so long