Case law

Bills v. Hardy

228 W. Va. 341 · West Virginia Supreme Court · Nov 18, 2011

Hearing Officer Thornton acknowledged that “[ejxtensive testimony and documentary evidence clearly show that the Claimant [Mr. … The Medicaid Home and Community-Based Mentally Retarded/Developmentally Delayed Waiver Program is a program established by Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 -1396v (2006).

Skaggs v. KROGER COMPANY/KROGER LTD. PARTNERSHIP I

788 F. Supp. 2d 501 · District Court, S.D. West Virginia · Apr 21, 2011

This immunity is lost, however, if an employer acts with “deliberate intention.” Id. § 23-4-2(d)(2). … “It is well established in West Virginia that ordinarily the issue of proximate cause is a jury question to be decided based upon the totality of the evidence.” Arn azzi v.

Teri Sneberger v. Jerry Morrison, d/b/a Jerry Morrison Construction

235 W. Va. 654 · West Virginia Supreme Court · Jun 11, 2015

However, the evidence also clearly showed that the defects were attributable to Mr. Morrison’s failure to prepare an adequate foundation for the chimney and Mr. … Rockwell would not have been qualified as a masonry expert even if Ms. Sneberger sought to qualify him as such. . Mr. Morrison testified that Ms.

Walker v. Donahoe

District Court, S.D. West Virginia · Mar 2, 2020

Qualified immunity protects government officials from civil damages in § 1983 actions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Village of Pinehurst, the Fourth Circuit held the officers’ use of a stun gun violated the Fourth Amendment, but qualified immunity applied because the arrestee’s right not to be tased was not clearly established. 810

David Ballard, Kevin McCourt, Jess Mattox, and Hobert Allen v. Miguel Angel Delgado

West Virginia Supreme Court · Apr 24, 2019

Ed. 2d 565 (2009), “[t]rial courts now have the discretion regarding the order in which [the] two inquiries [for qualified immunity] are considered”). … Accordingly, the evidence was insufficient to establish deliberate indifference, and the correctional officers were entitled to qualified immunity.1 For the foregoing reasons, I respectfully dissent.

Webb v. Fury

167 W. Va. 434 · West Virginia Supreme Court · Jul 13, 1981

Crim. 1970) (where the doctrine immunized the defendant against criminal charges brought by the State). … “[A] publicity campaign to influence governmental action falls clearly into the category of political activity.”

Vinson v. Butcher

West Virginia Supreme Court · Nov 18, 2020

Butcher has failed to establish that any of the John Doe defendants were personally and directly responsible for the conduct giving rise to her section 1983 claim. While Ms. … Ed. 2d 494 (1992) (“[T]o qualify as a prevailing party, a civil rights plaintiff must obtain at least some relief on the merits of his claim.

Philip Fisher, D.O. W. Va. Board of Osteopathic Medicine

West Virginia Supreme Court · Jun 3, 2016

In other words, the findings must be clearly wrong to warrant judicial interference. . . . … With regard to Rule 702, we have stated that, “to qualify a witness as an expert on th[e] standard of care, the party offering the witness must establish that the witness has more than a casual familiarity with the standard

United Bank, Inc. v. Blosser

218 W. Va. 378 · West Virginia Supreme Court · Nov 29, 2005

The foregoing statement clearly reflects that Dr. … It is important to note, however, that this holding clearly has no impact on the question of whether a trust qualifies for tax exempt status under the Internal Revenue Code. 10 .

Committee on Legal Ethics of the West Virginia State Bar v. Boettner

183 W. Va. 136 · West Virginia Supreme Court · Apr 17, 1990

Should the standards for attorneys be any less than the standards established for Caesar's wife? … This immunity was granted before Boettner entered into a plea agreement.

King v. Chronister

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

The Defendant argues he is entitled to qualified immunity. The parties agree that the test for immunity in this context turns on a standard of objective reasonableness. … action, assessed in light of the legal rules that were clearly established at the time it was taken.”

Roy D. Lawson v. US Steel Corp.

West Virginia Supreme Court · Jul 15, 2013

could become qualified through short-term training. … The Office of Judges concluded that the preponderance of the evidence fails to establish that Mr.

Metro Tristate, Inc. v. The Public Service Commission of West Virginia and Community Pastor Care, LLC.

West Virginia Supreme Court · Jun 14, 2021

Moreover, clearly defining the issues presented averts the danger that “the Court and respondent may discern different issues from a petitioner’s lengthy, free-flowing argument.” … The Supreme Court stated that the immunity of the instruments of the United States from state control in the performance of their duties extends to a requirement that they desist

Cox v. Raleigh General Hospital

District Court, S.D. West Virginia · Jan 12, 2022

Finally, Plaintiff argues that qualified immunity is a factual inquiry and “demands that the Defendants prove the basis for privilege.” … Still, even if the Court were to entertain Plaintiff’s argument, it is clearly without merit.

American Hospital Ass'n v. Hansbarger

600 F. Supp. 465 · District Court, N.D. West Virginia · Dec 18, 1984

Clearly W.Va.Code 16-5B-6a is an economic regulation. … Nonprofit hospitals receive a favorable tax status which is clearly a benefit.

State of West Virginia v. Daniel L. Herbert

West Virginia Supreme Court · Nov 25, 2014

The Defendant’s lawyer moved that McGuire be granted immunity and the prosecution agreed. … The appendix-record does not specify which type of immunity McGuire was granted. For a discussion on the distinction between use and transactional immunity, See N.

S.F. v. Higginbotham

District Court, N.D. West Virginia · Jan 22, 2019

Defendant never asserted a qualified immunity argument for plaintiff to refute. Qualified immunity is an affirmative defense to liability that must be pled. West Virginia Bd. of Educ. v. … However, qualified immunity can be pled at “various stages in a case.” fd. Under West Virginia common law, qualified immunity is “an affirmative defense which must be pleaded by the official.” Parkulo v. W. Va.

State Ex Rel. Foster v. City of Morgantown

189 W. Va. 433 · West Virginia Supreme Court · Jun 10, 1993

Clearly, with respect to amending zoning ordinances, W. Va. Code, 8-24-23 [1969] preempts W.Va.Code, 8-12-4 [1969]. … Section 8.01(b) of the Morgantown City Charter, which reserves the power of referendum to the qualified voters of the City to require reconsideration by the city council of any adopted ordinance, is clearly inconsistent with

Equitrans, L.P. v. 0.56 Acres More or Less of Permanent Easement

145 F. Supp. 3d 622 · District Court, N.D. West Virginia · Nov 18, 2015

Equitrans’ complaint clearly pleads all that is necessary for its condemnation claim to survive a motion to dismiss. … Precision Small Engines, 227 F.3d 224 (4th Cir.2000), claiming that it shows “well established precedent in the Fourth Circuit” that counterclaims are barred under Rule 71.1. ECF No. 11 at 6.

Kline v. United States

202 F. Supp. 849 · District Court, N.D. West Virginia · Mar 12, 1962

of the remainder interest in the Trust to qualified charities. … If he should fail to qualify and act, his place would be taken by the nominee of the life beneficiary.