Case law

State Ex Rel. Erie Insurance Property & Casualty Co. v. Mazzone

220 W. Va. 525 · West Virginia Supreme Court · Jul 25, 2007

However, the Court in Hickman made clear that the work-product doctrine provides qualified and not absolute immunity from disclosure. … The work product doctrine provides a qualified immunity to two categories of work products: fact and opinion. See In re Markle, 174 W.Va. at 556-57 , 328 S.E.2d at 163 .

Fortney v. Al-Hajj

188 W. Va. 588 · West Virginia Supreme Court · Dec 18, 1992

Wilson was “engaged or qualified in the same or substantially medical field” as Dr. Breland. … A physician’s experience may qualify him to testify regarding areas other than his board certified specialty.

Shepherdstown Volunteer Fire Dept. v. State Ex Rel. State Human Rights Commission

172 W. Va. 627 · West Virginia Supreme Court · Nov 10, 1983

wrong in view of the reliable, probative and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. … In Green , the United States Supreme Court determined that a prima facie case of employment discrimination may be established: by showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified for

In Re Appeal of Prezkop

154 W. Va. 759 · West Virginia Supreme Court · Feb 23, 1971

The first witness called by the city was Prezkop, whereupon his counsel objected to the city using Prezkop as a witness *766 upon the ground of constitutional immunity. … Goodwin, I don’t think any criminal charges arising out of the fire, whether they be arson, neglect or anything else, should be discussed until we establish something by thorough investigation.

Bohrer v. City Hospital, Inc.

681 F. Supp. 2d 657 · District Court, N.D. West Virginia · Jan 7, 2010

The FSHCAA which was legislatively enacted in 1992, was clearly established by the 2000 to 2003 time frame. There has never been a requirement that the Government provide notice of federal employees’ status. … There is no Government regulation or policy issuance that establishes such a duty.

Pockl v. Ohio County Board of Education

185 W. Va. 256 · West Virginia Supreme Court · Jun 13, 1991

Coram is the most qualified applicant for the position of assistant principal at Wheeling Junior High School. Although Mr. … We find the conclusion of the hearing examiner not to be clearly wrong, as did the circuit court, and thus decline to reverse the decision.

Dotson v. Elite Oil Field Services, Inc.

91 F. Supp. 3d 865 · District Court, N.D. West Virginia · Mar 4, 2015

Deliberate Intention The West Virginia Workers’ Compensation Act generally provides broad immunity to qualifying employers against employees’ tort actions. See W. Va.Code § 23-2-6. … It is well-established, however, that a loss of consortium claim is derivative of the deliberate intention claim, and cannot be independently asserted. Evans v.

Holmes v. Board of Education

206 W. Va. 534 · West Virginia Supreme Court · Nov 17, 1999

We cannot say the AL J’s decision was arbitrary or capricious or clearly wrong. … However, neither Rogers nor Holmes seriously contends the other person is not fully qualified. It seems to us after reviewing the record that the two are equally qualified.

Gardner v. EI Dupont De Nemours and Co.

939 F. Supp. 471 · District Court, S.D. West Virginia · Sep 10, 1996

The Court concludes the state causes of action associated with the non-contributory policy, which clearly qualifies as an ERISA plan, are preempted by ERISA. … Thus, the claims associated with *474 that policy were clearly removable under the complete pre-emption doctrine.

United States v. West Virginia

537 F. Supp. 388 · District Court, S.D. West Virginia · Jan 28, 1982

President Nixon declared both calamities to be “major disasters,” bringing both areas within the ambit of the Disaster Relief Act of 1970 ( Public Law 91-606, 84 Stat. 1744, repealed Pub.L. 93-288, 88 Stat. 164 [1974]), thus qualifying … The same structural theory which compels the conclusion that state sovereign immunity does not bar a suit brought originally by the federal government in the Supreme Court leads to the similar conclusion that sovereign immunity

Doe v. Alfred

906 F. Supp. 1092 · District Court, S.D. West Virginia · Dec 4, 1995

immunity on the individual capacity claims pursuant to West Virginia law. … Plaintiffs clearly had non-futile and adequate administrative procedures available to them had they chose to avail themselves of such in accordance with Policy 2419 § 7(I)(1). 8 .

Webster County Solid Waste Authority v. Brackenrich & Associates, Inc.

217 W. Va. 304 · West Virginia Supreme Court · Jun 30, 2005

Critically, each item that the Authority relies upon to establish an “occurrence” is an act of alleged professional negligence. … Consequently, established principles of appellate review permit us to address the exclusionaiy language. See Stonebraker v.

Kiser v. Caudill

210 W. Va. 191 · West Virginia Supreme Court · Jul 9, 2001

“[T]o qualify a witness as an expert on that standard of care, the party offering the witness must establish that the *196 witness has more than a casual familiarity with the standard of care and treatment commonly practiced … The court must explain its reasons clearly on the record if it decides a sanction is appropriate.

Stanley D. Hendricks v. W. Va. Office of Insurance Commissioner/Patton, Inc.

West Virginia Supreme Court · May 22, 2013

The Office of Judges affirmed the claims administrator’s Order, and held that the preponderance of the evidence did not establish that Mr. … Hendricks has not shown that the Permanent Total Disability Review Board is clearly wrong. Dr. Guberman on July 13, 2010, found that Mr.

Di Bacoo v. Benedetto

82 W. Va. 84 · West Virginia Supreme Court · Mar 19, 1918

If the release is not genuine it is fraudulent, and where fraud is relied upon by the one who is injured by it, he must, to succeed, clearly establish the nature and character of the fraud pleaded or no relief can be given … His testimony and that of Benedetto and Fred Ragonese, his clerk and bookkeeper, clearly establishes the identity of the ledger, and that of Benedetto and Ragonese the identity of both books, many of the entries in each being

Doe

District Court, S.D. West Virginia · Aug 25, 2026

State Qualified Immunity Rhodes argues she has qualified immunity from Doe’s remaining claims. See Def.’s Mem. 12–15. … Since Rhodes plausibly exceeded her discretion, the Court will not dismiss Doe’s state-law claims on qualified-immunity grounds. C.

State of West Virginia ex rel. B.P. and West Virginia Department of Health and Human Resources v. Mark E. Wills

West Virginia Supreme Court · Mar 16, 2021

Finally, while the decision to grant or deny an improvement period is an act within the discretion of the circuit court, “a discretionary act is certainly not immune from the extraordinary remedy of a writ of prohibition. … The Court has also cautioned that the discretion afforded to circuit courts in granting improvement periods “does not serve as a blanket of immunity for the circuit court . . . .” In re J.G., 240 W.

Grant v. Monsanto Co.

151 F.R.D. 285 · District Court, S.D. West Virginia · Sep 23, 1993

Kayak Manufacturing Corporation, 182 W.Va. 276 , 387 S.E.2d 511 (1989), however, there is simply no basis for asserting immunity from discovery in this diversity action. … Taking account of plaintiffs’ substantial burden in this Mandolidis- type 14 action, of the fact that the information sought is clearly relevant and, perhaps, crucial to establishing a right of recovery under W.Va.Code §

Ballard v. Blue Shield of Southern West Virginia

529 F. Supp. 71 · District Court, S.D. West Virginia · Sep 10, 1981

First, the challenged restraint must be one clearly articulated and affirmatively expressed as state policy; second, the activity must be actively supervised by the state. … We deem it significant that the state policy is so clearly and affirmative expressed and the state’s supervision is so active.

Montgomery General Hospital v. West Virginia Human Rights Commission

176 W. Va. 580 · West Virginia Supreme Court · Jul 10, 1986

The Circuit Court of Fayette County concluded that the final order of the Commission was clearly wrong and reversed it. … It is clear that the Commission correctly found that the complainant established a prima facie case of unlawful discrimination.