Case law

Curry v. Gatson

180 W. Va. 272 · West Virginia Supreme Court · Dec 21, 1988

voluntary termination of employment by an employee on the basis of sexual and racial harassment constitutes “good cause” attributable to the employer under W.Va.Code, 21A-6-3(l), and (2) whether the evidence in this case establishes … While we traditionally give deference to the findings of fact of the agency, we are not required to do so where they are clearly wrong, as indicated by Syllabus Point 2 of Perfin v.

Durham v. Jenkins

229 W. Va. 669 · West Virginia Supreme Court · Nov 9, 2012

“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 of review.” Syl. pt. 1, Chrystal R.M. v. … Statutory construction establishes that the second sentence of § 19-20-20 is linked to the established criminal nature of the first sentence.

Hall v. Philadelphia Co.

72 W. Va. 573 · West Virginia Supreme Court · May 27, 1913

A house has an exterior as well as an interior, and things connected with it on the outside are clearly things of or pertaining to it. … That *579 the flambeau light involves an extravagant and wasteful consumption of gas is fully established by the evidence.

Mahmoodian v. United Hospital Center, Inc.

185 W. Va. 59 · West Virginia Supreme Court · Apr 25, 1991

Thus, the members of the hospital’s medical staff must be legally, professionally and ethically qualified. 5 W.Va.Code of State Rules §§ 64-12-14.1.1, 64-12-14.1.-1(c)(3) (1987). … In this regard the ethical standards established by the American College of Obstetricians and Gynecologists, of which Dr.

State v. Rouzer

127 W. Va. 392 · West Virginia Supreme Court · Jan 30, 1945

The crime established by the statute, therefore, may be committed by an agent or clerk who falsifies, mutilates, destroys or conceals a book of account or an account kept by any employer, public or private. … Qualifying expressions therein make its meaning perfectly clear. The account dealt with is one that is “kept” by the employer.

Westfall v. Osborne

District Court, S.D. West Virginia · Oct 26, 2020

Finally, Plaintiff argues that the Defendants are not entitled to qualified immunity. (Id.) … There is no question that the challenged use of 5 Plaintiff has apparently confused statutory immunity with qualified immunity. (See ECF No. 11 at 6.)

Fisher v. Flanagan Coal Co.

86 W. Va. 460 · West Virginia Supreme Court · May 11, 1920

A de facto occupation of the land by the county court clearly suffices. It would, if the, action were against the county court instead of the coal company. … But the action of the county court and the public established a status of which the defendant was bound to take notice, in its conduct in the premises, if it had knowledge of such status.

Arbaugh v. Board of Education

214 W. Va. 677 · West Virginia Supreme Court · Dec 3, 2003

These measures clearly encourage early intervention to further the clear overall legislative goal of protecting vulnerable children from abusive situations. … In addition to the reporting and criminal liability provisions we have thus far discussed, the article also contains provisions regarding civil and criminal immunity for those who make a report and abrogation of the rule

State Ex Rel. Quelch v. Daugherty

172 W. Va. 422 · West Virginia Supreme Court · Jul 27, 1983

Until that time, West Virginia University Law School graduates had been “privileged”, not required to successfully complete the examination in order to qualify for admission to practice. … The Judicial Branch may honor legislative enactments in aid of judicial power, but is clearly not bound to do so. State ex rel. Frieson v. Isner, supra 168 W.Va. at 776-777 , 285 S.E.2d, at 654 . Accord, Feldman v.

In re K.B.-R. and L.R.

West Virginia Supreme Court · Mar 16, 2021

supervisor; a law enforcement officer who conducted a criminal investigation of the allegations; the children’s paternal grandmother; petitioner; the children’s forensic interviewer; the children’s therapist; and a witness qualified … These findings shall not be set aside by a reviewing court unless clearly erroneous.

In re L.T.

West Virginia Supreme Court · Feb 2, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … to the circuit court within this framework is intended to allow the court to fashion appropriate measures and remedies to highly complex familial and inter- personal issues—it does not serve as a blanket of immunity

Thacker v. Peak

800 F. Supp. 372 · District Court, S.D. West Virginia · Jun 3, 1992

Thacker does not contend that his conduct in protesting the vacation policy is entitled to protection under the First Amendment and inasmuch as it would fall clearly within the unprotected category of matters affecting purely … An employee’s subjective interpretation of events is not enough to establish a policy binding on the employer under an implied contract theory. Id.

Baltimore & Ohio Railroad v. Allen

58 W. Va. 388 · West Virginia Supreme Court · Nov 28, 1905

Total want of remedy at law and inadequacy thereof in view of the peculiar situation of the parties, respecting property and personal, rights, necessitated the establishment of the system known as equity jurisprudence for … While conferring upon it all the privileges and immunities incident to residence, the legislature endeavored to imxiose the liabilities incident thereto.

Hall v. Putnam County Commission

District Court, S.D. West Virginia · Feb 12, 2024

The Court finds Pauley entitled to qualified immunity because no caselaw “reflect[s] the circumstances” presented in this case. Id. at 13. Qualified immunity is potent. … An official is entitled to qualified immunity unless (1) they violated a federal statutory or constitutional right and (2) that right was clearly established at the time of its violation. See Owens v.

Kimmel v. Shroyer

28 W. Va. 505 · West Virginia Supreme Court · Sep 22, 1886

Kimmel, the latter oí whom was duly appointed and qualified as the administrator of her estate with the said will annexed. On May 20, 1883, S. P. … Is it the intent and purpose of the statute in such case to permit Shroyer to establish his title to said three bonds by his own testimony?

Linda M. Jenkins v. West Virginia Department of Health and Human Resources

Intermediate Court of Appeals of West Virginia · Apr 10, 2023

However, only deliberate, clear[,] and unequivocal statements of fact qualify as judicial admissions. Wheeling-Pittsburgh Steel Corp. v. Rowing, 205 W. … Jenkins fails to set forth authority or precedent to establish how this distinction should have resulted in a different conclusion by the Grievance Board.

Erie Insurance Property & Casualty v. King

236 W. Va. 323 · West Virginia Supreme Court · Nov 9, 2015

Clearly, this is an administrative appeal of a rate and form filing approval. … King that were clearly taken out of context or simply misunderstood.

Wait v. Homestead Building Ass'n

76 W. Va. 431 · West Virginia Supreme Court · Jun 1, 1915

Peadro qualified as the executor of his will. Straus and Smith were sureties in some of the bonds as well as trustees in the assignment. … Bach bond was conditioned for faithful performance of duty during the term of office and until the successor should be elected and qualified.

Raymond T. Hatfield v. Huntington Alloys Corp.

West Virginia Supreme Court · Dec 3, 2014

Tao is best qualified to opine that his symptoms have not improved since the initial left shoulder arthroscopy because he has operated on him in the past and knew what his symptoms were prior to the arthroscopy. Mr. … The Office of Judges found that the evidence establishes Mr. Hatfield has good range of motion in the left shoulder and excellent strength.

ERIE INS. PROPERTY & CAS. CO., INC. v. Edmond

785 F. Supp. 2d 561 · District Court, N.D. West Virginia · Mar 25, 2011

Because those acts would “clearly have an effect on the employment relationship,” they qualified as “employment-related” acts under the ERP exclusion. Id. … Thus, to prevail on such a claim, the underlying plaintiffs must establish that Mr.