Case law

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.

Kyriazis v. University of West Virginia

192 W. Va. 60 · West Virginia Supreme Court · Oct 28, 1994

When considering whether an enterprise qualifies as a public service, we must examine the nature of the enterprise itself. … West Virginia Board of Regents, 172 W.Va. 743 , 310 S.E.2d 675 (1983), states that because the Board and other state officers are immune from suit when the state has procured liability insurance, no recovery is being sought

State Ex Rel. Lawhead v. County Court of Kanawha County

129 W. Va. 167 · West Virginia Supreme Court · Jul 23, 1946

A person who is not registered is not entitled to vote, although qualified. Section 3, Permanent Registration Law. … Clearly this imposes a duty on a voter not authorized or contemplated.

Browning v. Max Biederman, Inc.

120 F. Supp. 313 · District Court, S.D. West Virginia · Apr 6, 1954

Act if the establishment qualifies as an exempt retail or service establishment by meeting all of the following requirements: “(1) The establishment must be engaged in making sales of goods or of services or of both. (2) … The undisputed facts and figures bring the defendant clearly within the exemption granted in Section 13(a) (2).

State Ex Rel. Coral Pools, Inc. v. Knapp

147 W. Va. 704 · West Virginia Supreme Court · May 21, 1963

The writing further provides that the dealer “shall establish retail prices for Coral Pools” and that he may sell at retail in the area “at the retail prices established by him.” … A trend is clearly discernible toward expanding the permissible scope of state jurisdiction over foreign corporations.

Ali v. Raleigh County

District Court, S.D. West Virginia · Mar 29, 2018

Under the doctrine of qualified immunity, “[g]overnmental officials performing discretionary functions are shielded from liability for money damages so long ‘as their conduct does not violate clearly established … Conspiring together to initiate this scheme against the Plaintiff in a malicious and retaliatory manner violates clearly established constitutional rights, and the Defendants’ qualified immunity defense should be denied

Jeremiah Goodwin v. City of Shepherdstown

825 S.E.2d 363 · West Virginia Supreme Court · Mar 15, 2019

governmental immunity. … Olney allegedly gave University officers to establish his "airtight alibi."

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.

Wriston v. West Virginia Department of Health and Human Resources

District Court, S.D. West Virginia · Sep 13, 2021

immunity and that qualified immunity “categorically bar[s]” Counts V, VI, and VIII of the Complaint. … See, e.g., Graham, 473 U.S. at 167 (noting qualified immunity is a “personal immunity defense”).

State Ex Rel. Downey v. Sims

125 W. Va. 627 · West Virginia Supreme Court · May 18, 1943

Downey, on *628 the following day, qualified as such by taking the oath and giving the bond required by law, and thereupon entered on the performance of his duties as a member of the Board. … Even if the Act unequivocally attempted to establish such qualifications, the provision would clearly be outside its title and for that reason alone unconstitutional.

Shaffer v. Board of Regents

9 Ct. Cl. 213 · West Virginia Court of Claims · Jan 3, 1973

“In all cases where there has been heretofore established, or where there is hereafter established, one or more sidewalks along any street or alley, or part thereof, within the city, it shall be the duty of the owners of … This Court is constrained by statute to make awards only in those cases where a recovery would be allowed in the regular courts of the State except for the doctrine of sovereign immunity.

Miller v. Rubenstein

District Court, S.D. West Virginia · Feb 6, 2018

Qualified Immunity The doctrine of qualified immunity “shields executive officers ‘from liability for civil damages insofar as their conduct does not violate clearly established … Lastly, Defendant Allen argues that he is entitled to qualified immunity because no clearly established right of Miller’s was violated. (See id.)

State Ex Rel. Melchiori v. Board of Education

188 W. Va. 575 · West Virginia Supreme Court · Dec 18, 1992

The language of the statute clearly indicates that a pre-requisite to a lateral placement is prior employment in that position. … If the Board has sound reasons for adhering to its current policy in a given case, these reasons can be considered in determining whether the reassignment decision complies with the standard established in Dillon which requires

Moss v. Campbell's Creek Railroad

75 W. Va. 62 · West Virginia Supreme Court · Oct 6, 1914

Here is an opportunity for it, and that without harmful violation of established legal order. … How has defendant been prejudiced if it is a fact that plaintiff has 'been duly appointed and qualified?

Walker v. Sharma

221 W. Va. 559 · West Virginia Supreme Court · Nov 26, 2007

By eliminating the locality rule, courts such as ours clearly sought to remove the requirement that an expert was not qualified to testify in a medical malpractice case unless he was intimately familiar with local procedures … Levas’ education, training, and practice clearly qualified him to offer an opinion in this matter, the trial court should have permitted the case to proceed to a jury; it was up to the panel to determine what weight to accord

Sammons v. Sowards

District Court, S.D. West Virginia · Nov 19, 2021

Under qualified immunity, government officials performing discretionary functions are generally shielded from liability for civil damage if their behavior does not violate a clearly established statutory or constitutional … The qualified immunity inquiry is a two-step determination of “(1) whether the official violated a constitutional right; and if so (2) whether the right was ‘clearly established’ at the time of its violation.”

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.

State of West Virginia v. Dale F.

West Virginia Supreme Court · Apr 26, 2021

The reason for this rule qualifying the right to withdraw a previously tendered guilty plea is set forth in United States v. Barker, 514 F.2d at 221, quoting Brady v. … The circuit court dismissed the case on the grounds that the defendants were entitled to statutory immunity and to immunity pursuant to the common law doctrine of prosecutorial immunity; and that the prosecutor was an improper

Wentz v. Ames

District Court, S.D. West Virginia · Mar 18, 2025

Specifically, Defendants argue that they are entitled to qualified immunity because “Plaintiff cannot put forth any genuine issue of fact to attempt to establish that these Defendants violated any clearly established statutory … In the instant case, Defendants argue they are entitled to qualified immunity because “Plaintiff cannot put forth any genuine issue of fact to attempt to establish that these Defendants violated any clearly established

Hupp v. Cook

District Court, S.D. West Virginia · Jul 3, 2018

“The doctrine of qualified immunity shields officials from liability for civil damages when their conduct does not violate clearly established constitutional or other rights that a reasonable officer would have known.” … In determining whether qualified immunity applies, the Court must look at whether the plaintiff has demonstrated that a depravation of a constitutional right has occurred and whether that right was clearly established