Case law

Joseph Mulla v. Ryanne Ball

Intermediate Court of Appeals of West Virginia · Feb 3, 2026

Mulla’s claims through the doctrines of prosecutorial and qualified immunity. … Ball was entitled to prosecutorial and qualified immunity, as well as statutory immunity pursuant to West Virginia Code § 29-12A-5(b) (1986) (granting immunity to employees of political subdivisions) and West Virginia Code

Shenandoah Personal Communications, LLC v. Matthew Irby, State Tax Commissioner of West Virginia

Intermediate Court of Appeals of West Virginia · Jun 12, 2024

Moreover, all sales and services are presumed to be subject to sales and use tax until the contrary is clearly established. See W. Va. Code § 11- 15-6(b). … Combining the taxpayer’s burden of establishing encoded symbolic information transfers and includes commercial broadcast radio, commercial broadcast television and cable television. 11 The qualifying

Hull Property Group, LLC, and Charles WV Mall, LLC v. Quarrier St LLC and U.S. Bank National Association, successor by merger to Lasalle Bank National Association, as Trustee for Bear Stearns Commercial Mortgage Securities, Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-Top28, and C-III Asset Management LLC, f/k/a Centerline Servicing, Inc.

Intermediate Court of Appeals of West Virginia · Mar 10, 2025

Elements for establishing standing have been articulated by the SCAWV in Syllabus point 5 of Findley as follows: Standing is comprised of three elements: First, the party attempting to establish … Moreover, neither the order on appeal nor the December 11, 2023, order addresses immunity.

Joseph Miker v. Monongalia County Board of Education

Intermediate Court of Appeals of West Virginia · Nov 14, 2023

DeSantis, who testified that two other employees did not qualify for experience credits. Therefore, the Administrative Law Judge was not clearly wrong when he determined that Mr. … Therefore, we conclude the Grievance Board was not clearly wrong in finding that Mr. Miker's prior employment in HVAC management and sales did not qualify him for additional years of teaching experience.

Timothy J. Gregory and Janice L. Gregory v. Jack O. Long and Lora A. Long

Intermediate Court of Appeals of West Virginia · Sep 4, 2024

Brooks Map’s symbology did not clearly differentiate between public and private roads. Therefore, it was his opinion that the A.B. Brooks Map did not establish Jasper Way as a county road. Dr. … Likewise, the Gregorys have not established how the circuit court was clearly wrong when it admitted Dr. Kinder’s testimony. See Syl. Pt. 6, Helmick v. Potomac Edison Co., 185 W.

J.D., a Protected Individual v. West Virginia Department of Human Services, Bureau for Medical Services

Intermediate Court of Appeals of West Virginia · Dec 23, 2024

Notably, however, this decision did not mark any of the designated “major life areas” to establish what the documentation failed to establish. … Linton testified that J.D. did not qualify for IDDW because his Level 2 Autism Spectrum Disorder diagnosis did not meet the severity required to qualify as a related condition under Chapter 513. According to Ms.

Wanda Tolbert v. Kanawha County Board of Education

Intermediate Court of Appeals of West Virginia · Dec 6, 2024

Tolbert did not qualify for any of the six homebound positions, but she was hired by Kanawha County as a regular classroom teacher for the 2023-24 school year. Ms. … Tolbert offers no authority to establish error or an abuse of discretion below.

In re: Petition of S.G. for Expungement of Record

Intermediate Court of Appeals of West Virginia · Dec 6, 2024

Moreover, it is clear from the plain language of both West Virginia Code § 61-11-25 and West Virginia Code § 61-11-26 that there is no qualifying language which requires consideration of both statutes when considering the … Furthermore, the record clearly illustrates that S.G.’s criminal charges were dismissed by State’s motion and not by virtue of any plea agreement.

James Stover v. West Virginia Division of Highways

Intermediate Court of Appeals of West Virginia · May 23, 2024

Stover does not qualify to have a lung transplant covered by workers’ compensation. The Board further found that Mr. … Further, we find that the Board was not clearly wrong in finding that Mr.

Retina Vitreous Consultants, Inc. v. Dana J. Brandenburg and WorkForce West Virginia

Intermediate Court of Appeals of West Virginia · Oct 28, 2024

Mellen qualifies as “other gross misconduct” under the statute. … Brandenburg’s conduct clearly does not rise to the same level of severity as the conduct in Alcan and Smith.

Heidi Price, Administratrix of the Estate of Ellis Wayne Price v. Raleigh General Hospital, LLC, and Philip Bailey (Judge White, concurring in part and dissenting in part)

Intermediate Court of Appeals of West Virginia · Mar 4, 2025

Plaintiffs are entitled to limited discovery concerning the facts which determine whether qualified or statutory immunity applies, and courts frequently allow such limited discovery. See generally 63C Am. … Jur. 2d Public Officers and Employees § 390 (2024) (“it is not always possible to determine before any discovery has occurred whether a defendant is entitled to qualified immunity, and courts often evaluate qualified immunity

Amanda Taylor v. Workforce West Virginia and Dismas Charities, Inc.

Intermediate Court of Appeals of West Virginia · Nov 8, 2023

Upon review, we conclude that the Board’s August 4, 2022, order is clearly wrong. The record does not establish that Ms. … Taylor’s arguments on appeal, we must first determine if she received a qualifying prior written warning.

Ricky Johnson v. Pinnacle Mining Company

Intermediate Court of Appeals of West Virginia · Dec 6, 2024

Johnson argues that the preponderance of the evidence establishes that he has sustained 50% or more whole person impairment, thus satisfying the threshold of whole-body medical impairment necessary to qualify for a PTD award … Johnson failed to establish that he was entitled to PTD benefits. Upon review, we conclude that the Board was not clearly wrong in finding that Mr.

Quanta Services, Inc. v. Zachary Bolling

Intermediate Court of Appeals of West Virginia · May 1, 2023

Musser, a cardiac electrophysiologist, was clearly the most qualified to address the etiology of Mr. Bolling’s heart distress, and thus it adopted Dr. Musser’s opinion that Mr. … The Board was not clearly wrong finding Dr. Musser to be the most qualified physician. Moreover, it is generally known that electrical burn entry and exit wounds are not always evident. A prime example is Mr.

Osei Assibey Bonsu v. West Virginia Board of Registered Nurses

Intermediate Court of Appeals of West Virginia · Sep 4, 2024

The hearing examiner found that the evidence established that Mr. … [was] not licensed, qualified, or competent to perform” professional nursing and thus “engaged in unethical or unprofessional conduct . . . likely to deceive, defraud or harm the public or any member of the public” was clearly

Go-Mart, Inc. v. Theresa Parker, and Scott A. Adkins, in his capacity as Acting Commissioner of WorkForce West Virginia

Intermediate Court of Appeals of West Virginia · Apr 29, 2025

Parker was qualified for unemployment benefits because she did not commit misconduct. … Parker received a prior written warning and has failed to show the Board’s decision was clearly wrong.

Alpha Metallurgical Resources, Inc. v. Andrew Kincaid III

Intermediate Court of Appeals of West Virginia · Aug 29, 2025

Alpha argues that a preponderance of evidence establishes that Mr. … Upon review, we conclude that the Board was not clearly wrong in finding that Mr. Kincaid established that he suffered 13% WPI related to the compensable injury.

Timothy C. Dunlap II v. Morgan M. Switzer

Intermediate Court of Appeals of West Virginia · Dec 4, 2025

Dunlap clearly demonstrate that the legislature intended for both statutes to be purely criminal. … Feb. 27, 2024) (memorandum decision) (“It is well established that, ‘[a] skeletal “argument,” really nothing more than an assertion, does not preserve a claim[.]’”) (quoting State v. Lambert, 236 W.

James Robert Hendricks v. West Virginia Consolidated Public Retirement Board

Intermediate Court of Appeals of West Virginia · Aug 6, 2025

Hendricks voluntarily enlisted in the Armed Forces and, thus, the Board’s three exhibits established that Mr. … Moreover, as established both by Ms.

Mountain State Beverage v. Daniel Skipper II

Intermediate Court of Appeals of West Virginia · May 1, 2023

Keller qualified for and was capable of performing multiple career options. Mountain avers that here the claim administrator properly relied on Ms. … After review, we conclude that the Board was not clearly wrong in finding no credible evidence to establish that Mr. Skipper had been noncompliant with vocational rehabilitation.