Case law

In Re: Jimmy M. W.

West Virginia Supreme Court · May 30, 2014

We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court's underlying factual findings under a clearly erroneous standard. … Clearly, the Legislature established this framework because it deemed multiple sex offenses, sexual violence, and sexual offenses against children to be more dangerous to the public.

Ranger Fuel Corp. v. West Virginia Human Rights Commission

180 W. Va. 260 · West Virginia Supreme Court · Dec 12, 1988

provided no administrative guidance what *264 soever on the way decisions were to be made by the hearing examiners; all this Court did was provide additional hearing examiners whose decisions on the merits were no more immune … Once an applicant has established a prima facie case, the burden then shifts to the employer to rebut the prima facie case by presenting a legitimate, nondiscriminatory reason for the applicant’s rejection.

United States Coal & Coke Co. v. Turk

127 W. Va. 368 · West Virginia Supreme Court · Dec 12, 1944

A subsequent act established rates of pay for all navy officers in general, including rear admirals. … This Court held that the earlier act was not affected by the later one, and the decision was directly based upon the immunity of specific and particular acts against later broad or general acts not purporting directly to

Monongahela Power Company v. Michael A. Buzminsky and Vickie Buzminsky

West Virginia Supreme Court · Nov 2, 2020

The immunity established for “duly qualified emergency services workers” pursuant to West Virginia Code § 15-5-11(a) (2006) applies only to individual employees and does not extend to such employee’s private employer or … We therefore hold that the immunity established for “duly qualified emergency services workers” pursuant to West Virginia Code § 15-5-11(a) applies only to individual employees and does not extend to such employee’s private

Watson v. Inco Alloys International, Inc.

209 W. Va. 234 · West Virginia Supreme Court · Mar 9, 2001

disturbed unless it clearly appears that its discretion has been abused.’ … Sevart would clearly assist the jury in deciding this issue. For the foregoing reasons, we find that the circuit court erred, and abused its discretion, in excluding Mr.

Lowe

District Court, S.D. West Virginia · Nov 19, 2025

Defendants counter that they are entitled to summary judgment on the defense of qualified immunity inasmuch as, they contend, their conduct did not violate clearly established law, and they … qualified immunity.

Harshbarger v. Gainer

184 W. Va. 656 · West Virginia Supreme Court · Apr 4, 1991

In addition, the widows of Judges DePond and Kingdon now qualify for annuities under W.Va.Code, 51-9-6b [1987]. … We are satisfied that it would be contrary to established law to permit Justice Harsh-barger to receive a judicial pension at this time.

Drennen v. Department of Health

163 W. Va. 185 · West Virginia Supreme Court · Jun 5, 1979

Gregory be considered for the job, if qualified. … We are convinced that the evidence presented at the hearing clearly establishes that the Department of Health officials were in fact politically influenced and, except for the memorandum, would have hired Ms.

Lilly v. United States

141 F. Supp. 2d 626 · District Court, S.D. West Virginia · May 11, 2001

Clifford and some other individuals carried the plaintiff from the establishment and placed her in Clifford’s car. … Congress specifically excluded intentional torts from the government’s waiver of sovereign immunity.

Kanawha Eagle Coal, LLC v. Tax Commissioner

216 W. Va. 616 · West Virginia Supreme Court · Dec 1, 2004

Kana-wha Eagle offered the testimony of a witness and introduced various exhibits through this witness for the purpose of establishing that the only action taken with regard to the clean coal upon its arrival at the river … The rate established by statute for assessing the severance tax is five percent of the “gross value” of the coal produced. W.Va.Code § ll~13A-3(b).

Board of Education v. Bowers

183 W. Va. 399 · West Virginia Supreme Court · Jul 11, 1990

In such circumstances, the statute, in effect, establishes a presumption that the applicant with the most seniority is more qualified. 177 W.Va. at 148-149 , 351 S.E.2d at 61-62 (footnote omitted). … Our task is merely to clarify or interpret the method that has been established by law to effectuate such reductions in force.

Cooper v. City of Charleston

218 W. Va. 279 · West Virginia Supreme Court · Dec 1, 2005

Code § 8-13-13 are presumptively valid unless they are clearly unreasonable. … The burden of proof lies with the appellant to prove that the user fee is clearly unreasonable and that it clearly fails to reasonably serve the purpose for which it was enacted.

Smith v. West Virginia Human Rights Commission

216 W. Va. 2 · West Virginia Supreme Court · Jul 2, 2004

. *6 The standard under which the Human Rights Commission reviews a decision of an administrative law judge is established by statute. … An employer shall make reasonable accommodation to the known physical or mental impairments of qualified individuals with disabilities where necessary to enable a qualified individual with a disability to perform the essential

Baisi v. Hoffman

District Court, S.D. West Virginia · Aug 12, 2025

Plaintiff argues that “actions that are not intimately associated with the judicial process, including acts before or after criminal proceedings . . . receive only qualified immunity.” Obj. at 2. … Other actions are entitled only to qualified immunity. Buckley v. Fitzsimmons, 509 U.S. 259, 273 (1993).

State v. Bennett

179 W. Va. 464 · West Virginia Supreme Court · May 9, 1988

Certainly, the language of Rule ll(e)(6)(D)(ii) clearly provides an immunity against the use of guilty plea testimony at a subsequent criminal trial where the plea is not entered. 6 The federal courts uniformly hold that … He was subsequently given immunity under the statute and testified before the grand jury.

Short v. Appalachian OH-9, Inc.

203 W. Va. 246 · West Virginia Supreme Court · Jul 15, 1998

With regard to establishing the former, W.Va.Code, 55-7B-7 [1986], states: “The applicable standard of care and a defendant’s failure to meet said standard, if at issue, shall be established in medical professional liability … be disturbed unless it clearly appears that its discretion has been abused.”

State v. Deskins

181 W. Va. 112 · West Virginia Supreme Court · Apr 6, 1989

Brown, 177 W.Va. 633 , 355 S.E.2d 614 (1987), we reiterated our basic test to determine juror qualification. “ 'The true test as to whether a juror is qualified to serve on the panel is whether without bias or prejudice he … a criminal proceeding is the only person who may assert the protection of that statute in regard to that grant of immunity.

US Steel Min. Co., LLC v. Helton

219 W. Va. 1 · West Virginia Supreme Court · Jan 12, 2006

We need not detail their undisputed submissions that establish the great magnitude of importance attendant to our resolution of the issues in the instant case. … The sale of the coal is merely the event that establishes the basis for calculating the tonnage or value of the coal for purposes of ascertaining the amount of tax due.

O'Neal v. Wisen

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

Rollyson moved for summary judgment, arguing that West Virginia law places the duty to provide notice on the tax lien purchaser, and that he was entitled to qualified immunity. … On April 26, 2018, the Fourth Circuit affirmed this Court’s denial of qualified immunity in an unpublished opinion.

STATE EX REL. CHARLES TOWN HOSP. v. Sanders

556 S.E.2d 85 · West Virginia Supreme Court · Nov 9, 2001

Rydland's application for staff privileges in an attempt to establish whether the Hospital knew of various professional complaints that had been lodged against Dr. Rydland when it made these decisions. … Provided, That information, documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil action merely because they were presented during proceedings