Case law

Kitchen v. Summers Continuous Care Center, LLC

552 F. Supp. 2d 589 · District Court, S.D. West Virginia · May 12, 2008

In her Complaint, Plaintiff alleges that her termination and Summers’ failure to accommodate her was in violation of the ADA and the WVHRA because she was “a qualified person with a disability, [her] employer was clearly … Similarly, regarding Plaintiffs wrongful discharge claim under the WVHRA, Plaintiff must establish the following elements: “(1) ... she meets the definition of [disabled] (2) ... she is a ‘qualified [disabled] person,’ and

Doe v. Cabell County Board of Education

District Court, S.D. West Virginia · Feb 24, 2022

Statutory Immunity Defendant asserts that it is statutorily immune from Counts II, IV, V, VIII, and IX. … Code, 29–12A–4(c) can survive immunity from liability under the general grant of immunity in W. Va. Code, 29–12A–4(b)(1))).”

State of West Virginia v. Shawn Douglas Newman

West Virginia Supreme Court · May 28, 2025

fatal kidney and lung disorders, brain damage, liver damage, blood clots, chronic depression, hallucinations, violent and aggressive behavior, malnutrition, disturbed personality development, deficient immune … This statute clearly indicates that the Legislature views methamphetamine as a serious threat to West Virginia citizens, and it did not limit its condemnation of methamphetamine to amounts above a certain quantity.

Eagon v. Cabell County Emergency Medical Services

District Court, S.D. West Virginia · Jan 10, 2025

Mar. 19, 2024) (stating the fact the decedent committed suicide does not qualify as a disability under the ADA where the decedent had an unspecified mental illness, noting in cases finding “suicidal ideation qualifies … However, they argue he is not entitled to immunity because his acts and omissions were done recklessly, which is an exception to immunity under § 29–12A–5(b)(2).16 See Syl. Pt. 2, Beckley v.

Funeral Services by Gregory, Inc. v. Bluefield Community Hospital

186 W. Va. 424 · West Virginia Supreme Court · Dec 5, 1991

It is a well-established medical fact that the AIDS virus is transmitted through the exchange of bodily fluids, primarily blood or semen. … However, in order to establish fraud, the circumstances must be clearly alleged and proved. W.V.R.C.P. 8(e)(1), 9(b); Hager v. Exxon Corp., 161 W.Va. 278, 282-84 , 241 S.E.2d 920, 923 (1978).

In Re Daniel D.

211 W. Va. 79 · West Virginia Supreme Court · Mar 15, 2002

Charlie A.L., 194 W.Va. 138 , 459 S.E.2d 415 (1995), we also explained: ‘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 … Protective or limiting orders may also be utilized in conjunction with the grant of use immunity. In State v.

Knuckles v. RBMG, INC.

481 F. Supp. 2d 559 · District Court, S.D. West Virginia · Mar 27, 2007

See Landrieu, 615 F.2d at 647 (wherein the Fifth Circuit declined to follow Ferguson inasmuch as it “confuses the waiver of sovereign immunity and a grant of subject matter jurisdiction.”). … To qualify under section 1442(a)(1), a defendant must: (1) be a “person” within the meaning of the statute; (2) act under the direction of a federal officer; (3) show a nexus or “causal connection” between the alleged conduct

In re: S.C., K.R., E.H.

West Virginia Supreme Court · Jun 15, 2023

These findings shall not be set aside by a reviewing court unless clearly erroneous. … We turn next to the guardian ad litem’s second assertion that the father’s methamphetamine abuse qualified K.R. as a neglected child under West Virginia Code § 49-1-201.

In Re Lawton

119 F. Supp. 724 · District Court, S.D. West Virginia · Mar 5, 1954

against him except upon proof of fraud established with that strong and convincing showing that is always required where fraud is the basis of an action. … Without expressing either agreement or the contrary with the holding in that case, it may be pointed out that the opinion there clearly indicates one very material difference with the instant case.

Monongahela Power Co. v. Reilly

795 F. Supp. 789 · District Court, N.D. West Virginia · Jun 3, 1992

Owners and operators of affected units may petition the EPA for a two-year extension of the Phase I deadline if qualifying Phase I scrubber technology is utilized. 5 42 U.S.C. *792 § 7651c(d). … In addition, the harm being caused by the EPA cannot be remedied by damages, as sovereign immunity protects the defendant. The likelihood of harm to the defendant, on the other hand, is slight.

Dodson v. Workers' Compensation Division

210 W. Va. 636 · West Virginia Supreme Court · Dec 13, 2001

an employment contract to establish an employment relationship covered by workers’ compensation. … We conduct our review of the evidence based on these well-established tenets.

State ex rel. Weirton Medical Center v. Mazzone

213 W. Va. 750 · West Virginia Supreme Court · Jul 3, 2003

This Court has established the following standard to apply when determining whether a writ of prohibition should issue: In determining whether to entertain and issue the writ of prohibition for cases not involving an absence … In the United States and other industrialized countries, rotavi-ruses are typically not fatal except in the very young or those with severely compromised immune systems.

STATE EX REL. MARSHALL CTY. COM'N v. Carter

689 S.E.2d 796 · West Virginia Supreme Court · Feb 1, 2010

Briggs alleged that he is well qualified to be a telecommunication operator and has several years experience in that position. Mr. … "The work product doctrine provides a qualified immunity to two categories of work products: fact and opinion." Mazzone, 220 W.Va. at 532 , 648 S.E.2d at 38 (citation omitted).

Makarenko v. Scott

132 W. Va. 430 · West Virginia Supreme Court · Mar 8, 1949

But if such relation did exist between them the decision of this Court in the Tawney case is clearly to the effect that the workmen’s compensation statute does not relieve a fellow employee from liability for his negligent … That decision makes it plain beyond question that no such immunity exists in *452 favor of a fellow employee by virtue of the statute.

Cox v. Board of Educ. of Hampshire County

177 W. Va. 576 · West Virginia Supreme Court · Mar 18, 1987

Cheshire was clearly more qualified for the position than either of the appellants. By order entered November 7, 1984, the court dismissed the appellants’ petition and denied the relief prayed for. … Cheshire was more clearly qualified than either of the appellants by virtue of his prior experience as director of a transportation terminal, a position which required supervision of maintenance, safety programs and personnel

Daugherty v. Day

145 W. Va. 592 · West Virginia Supreme Court · Sep 20, 1960

We think it clearly established that respondent afforded McConnell an opportunity to plead, and received a plea of guilty at the city jail, in Gideon District, and then imposed the sentence for which he was confined in the … While such actions may be entirely unjustified in some circumstances, we think, in the circumstances clearly established in the instant proceeding, they are not of such nature as to warrant the removal of respondent from

Clarke v. West Virginia Board of Regents

166 W. Va. 702 · West Virginia Supreme Court · Apr 3, 1981

The court did hold that soverign immunity as construed by the Pennsylvania courts barred an otherwise justifiable award of back pay. … Other courts have refused to allow sovereign immunity to bar an award of back pay under the theory that states vest courts with *722 jurisdiction to review decisions involving tenured faculty and thereby waive sovereign immunity

Hosaflook v. Consolidation Coal Co.

201 W. Va. 325 · West Virginia Supreme Court · Dec 17, 1997

In order to establish a case of discriminatory discharge under W. … Justice Clecldey explained that to establish a prima facie case of disability discrimination, the plaintiff must show that he is a disabled person within the meaning of the law, that he is qualified to perform the essential

Louk v. Isuzu Motors, Inc.

198 W. Va. 250 · West Virginia Supreme Court · Dec 6, 1996

from suit and was not covered by insurance under which an action might be maintained notwithstanding such immunity. … The DOH clearly has the authority to return an application permit for modification prior to the approval of a permit.

In re: N.R., A.R., AND A.W.

West Virginia Supreme Court · Nov 7, 2019

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Clearly, a “qualified expert witness” under the ICWA is not required to have specialized knowledge of tribal social and cultural standards in every instance.