Case law

West Virginia University Board of Governors Ex Rel. West Virginia University v. Rodriguez

543 F. Supp. 2d 526 · District Court, N.D. West Virginia · Feb 11, 2008

and thus are immune from suit in federal court.” … State law clearly defines the University as an arm of the state.

Robert Eagle v. Eastern W. Va. Community and Technical College, etc.

West Virginia Supreme Court · Mar 24, 2017

Terrell’s immunity. … The circuit court clearly imposed on Petitioner a higher standard than this Court has established for the sufficiency of pleadings in the context of a Rule 12(b)(6) motion.

Haislop v. Edgell

215 W. Va. 88 · West Virginia Supreme Court · Dec 10, 2003

My own judgment is that in an appropriate case, substantive due process and equal protection would require that an offender who could clearly demonstrate rehabilitation be able to go before a circuit court and show that they … of the prosecuting attorney, the court finds by clear and convincing evidence, that the qualifying offense involved multiple victims or multiple violations of the qualifying offense; or (C) has been convicted or has been

Arthur Patton v. County of Berkeley, West Virginia

West Virginia Supreme Court · Nov 12, 2019

Patton had not filed his civil suit within the two-year statute of limitations under West Virginia Code § 55-2-12,3 and that the statute of limitations was not tolled because the Berkeley County Sheriff’s Office did not qualify … Patton moved to alter or amend the circuit court’s judgment, arguing that its decision to dismiss his civil claims was clearly erroneous because a sheriff should be considered a constitutional officer within the executive

State v. LONGERBEAM

226 W. Va. 535 · West Virginia Supreme Court · Nov 22, 2010

Given that the second sentence of the definition is clearly inapplicable, we proceed to determine whether Appellant qualified as a “custodian” by examining whether he had “actual physical possession or care and custody” of … I think you know the answer [is] it is clearly the adult.

Redd v. McDowell County Board of Education

976 F. Supp. 2d 838 · District Court, S.D. West Virginia · Sep 30, 2013

First, Defendants state that they “withdraw their argument on Eleventh Amendment immunity.” (Id., p. 1.) … To establish a prima facie case under Title VII and WVHRA, a plaintiff must allege “(1) that she is a member of a protected class; (2) that she was qualified for her job and her job performance was satisfactory; (3) that,

Paxton v. State Department of Tax & Revenue

192 W. Va. 213 · West Virginia Supreme Court · Nov 23, 1994

The Lottery Commission is clearly a public entity within the meaning of the Americans with Disabilities Act, and it provides an aid, benefit or service on a continuing basis to its licensee. … with disabilities to discrimination on the basis of disability, nor may a public entity establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities

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.

State Ex Rel. Ash v. Randall

171 W. Va. 742 · West Virginia Supreme Court · Mar 30, 1983

Allied Chemical Corporation, supra, that he was “otherwise qualified” for his employment as water plant operator. … The official must, under W.Va.Code, 27-5-9(a) [1977], establish that the employee was not discharged “solely by reason of his receipt of services for mental illness.”

Laprade

District Court, S.D. West Virginia · Jun 15, 2026

immunity. … Because Plaintiff fails to plausibly allege a constitutional violation by Defendant Smith, the Court need not address Defendants' qualified-immunity argument.

Stephenson v. Cavendish

134 W. Va. 361 · West Virginia Supreme Court · May 9, 1950

It is the established law of this jurisdiction that one who is seised of a base qualified fee may convey his estate, but that the quality of the estate follows such estate into the hands of the grantee and upon the happening … E. 621 , this Court said: “This statute has since been repealed. * * * It is clearly a statute of limitation.”

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.

SER W. Va. Board of Examiners for Speech-Language v. Elissa G. Lindsay

West Virginia Supreme Court · Jun 15, 2018

Second, respondent acknowledged that she was personally acquainted with Nurse Johnson and knew her to be a highly qualified nurse. … We find that, here, the qualifying language of “when appropriate,” when given its express application, supports the circuit court’s ruling.

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.

Chau v. Air Cargo Carriers, LLC

District Court, S.D. West Virginia · Feb 10, 2020

First, she contends that the Estate does not qualify for immunity because Alvarado’s purportedly fraudulent act was not taken in furtherance of the employer’s business and, thus, falls outside a statutory deliberate intent … Plaintiff also argues that the Estate is not immune from liability because ACC failed to comply with the statutory requirements to qualify for employer immunity under West Virginia Code § 23-1-1, et seq.

Ewing v. Board of Education

202 W. Va. 228 · West Virginia Supreme Court · Jun 12, 1998

In this regard, the court [b]elieve[d] that a purpose behind this statute is to establish a means of hiring, in which certain preferences are established. … Va.Code § 18A-4-7a (1993) (Repl.Vol. 1997) clearly gave Ms.

Connie Elaine Mayle v. Barbour County Board of Education

West Virginia Supreme Court · Jan 8, 2018

In short, West Virginia Code § 18A-4-8 defines “aides” and “ECCATs” differently and establishes separate qualifications for the positions. … Accordingly, because petitioner did not hold an ECCAT classification title, we find that the circuit court was not clearly wrong in determining that petitioner was simply not qualified for the posted position.

Hancock County Board of Education v. Hawken

209 W. Va. 259 · West Virginia Supreme Court · Jul 12, 1999

Code, 18-29-1, et seq. (1985), and based upon findings of fact, should not be reversed unless clearly wrong.” Syl. pt. 1 Randolph County Board of Education v. Scalia, 182 W.Va. 289 , 887 S.E.2d 524 (1989). … Our Legislature has devoted great attention to the regulation of school service personnel, and has established an exhaustive list of class titles 3 describing the general duties of any person working as a school service employee

Estate of Elizabeth E. Fox

131 W. Va. 429 · West Virginia Supreme Court · May 18, 1948

Fox seems to have resided in Morgantown, Monongalia County, West Virginia, but on a date, not clearly shown in the record, she went to live with her son and daughter-in-law at their home in the- State of Pennsylvania. … Such findings are clearly correct and will not be disturbed by this Court. Accordingly, the judgment of the Circuit Court of Monongalia County is affirmed. Affirmed.

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.