Case law

Masters v. City of Huntington

800 F. Supp. 363 · District Court, S.D. West Virginia · May 13, 1992

Ben Kanowsky, Inc., 361 U.S. 388, 392 , 80 S.Ct. 453, 456 , 4 L.Ed.2d 393 (1960), with the burden resting on the employer to establish that employees are exempt from coverage under the Act. Corning Glass Works v. … There remains the question of whether lieutenants can qualify for the executive exemption. Defendant does not argue that lieutenants, when performing their usual work, are exempt under the Act.

Thomas v. Jones

105 W. Va. 46 · West Virginia Supreme Court · Jan 24, 1928

Suppose one person assaults his co-partner, is the wrongdoer immune from liability because they were engaged at the time of the assault in the partnership business? … The leaving out of these qualifying words was criticised in State v. Green, 101 W. Va. 703, and in State v. Lee, 103 W. Va. 631 , 138 S. E. 323 .

State Ex Rel. Riffle v. City of Clarksburg

152 W. Va. 317 · West Virginia Supreme Court · Jul 9, 1968

The statute clearly requires that the protest petition be “filed with the municipal authority within fifteen days after the expiration of such publishing * * That language is clear, unambiguous and imperative. … It is well settled that language of a statute which is clear and unambiguous is not subject to construction or interpretation, but must be applied according to the intent clearly expressed therein.

Arden J. Curry, II v. W. Va. Consolidated Public Retirement Board

236 W. Va. 188 · West Virginia Supreme Court · Oct 7, 2015

“The clear intention of the Legislature in enacting Article 10, Chapter 5 of the Code was to establish a permanent 4 This Court has held that “‘where the disjunctive “or” is used, it ordinarily connotes … Conclusion The record clearly reflects that the Petitioner never worked more than approximately three hundred hours in any one year.

Sedgmer v. McElroy Coal Co.

220 W. Va. 66 · West Virginia Supreme Court · Dec 12, 2006

This enactment included the aforesaid grant of immunity for employers in good standing from civil suit by injured employees. … I dissent because the majority opinion answered a question that was clearly a question of fact designated for trial by a jury.

United States v. Consolidation Coal Company

354 F. Supp. 173 · District Court, N.D. West Virginia · Jan 11, 1973

Although Republic Steel concerned Section 10 of the Refuse Act and Wyandotte involved the remedies available for a violation of Section 15, both cases clearly favored injunctive relief. … President, I take this time for the purpose of establishing a legislative history.

Huskey v. Ethicon, Inc.

29 F. Supp. 3d 691 · District Court, S.D. West Virginia · Jul 8, 2014

These opinions are supported by well-established scientific principles accepted by the medical community and published in the scientific literature. … Treatment Network (“UITN”), which was established by the National Institute of Diabetes, Digestive and Kidney Diseases in 2000. (See Johnson Report [Docket 212-2], at 1).

State ex rel. Morrison v. Freeland

139 W. Va. 327 · West Virginia Supreme Court · Feb 26, 1954

Va. 89 * * We think the rule deducible from the authorities cited is clearly stated in 67 C. J. … That right, however, is clearly denied by the statute.

Burdette v. Aldi Inc.

District Court, N.D. West Virginia · Sep 11, 2023

Because Burdette failed to establish she is a member of a protected class, i.e., a qualified individual with a disability, her discrimination claim fails. … result [from] employment,” and, therefore, it would fall under the immunity provision. Id. There are exceptions to employer immunity, but the exceptions are narrow. Id.

Christopher E. Johnson v. Brayman Construction

West Virginia Supreme Court · Mar 28, 2014

Petitioner alleged that he was required to handle the hose with no job safety training; 1 This was petitioner’s first day on respondent’s grout crew. 2 In order for an employer to lose its immunity … (4) The employer shall permit only those employees qualified by training or experience to operate equipment and machinery.

Butts v. Houston

76 W. Va. 604 · West Virginia Supreme Court · Sep 21, 1915

'Whatever reasonably tended to establish express knowledge, or knowledge inferred or. implied from circumstances, was competent. … The requirement of actual personal knowledge, such as the instructions constructively deemed essential, effectually would postpone liability until after the infliction of a similar injury, thus affording immunity so long

Campbell v. Campbell

194 W. Va. 334 · West Virginia Supreme Court · Jul 11, 1995

Based upon allegations made by the Appellant, the father initially denied paternity of the youngest child. 1 Subsequent to blood tests in March 1992 establishing the Appellee’s paternity, he has not readdressed the issue … recommendation, findings and conclusions of a master found to be: (1) Arbitrary, capricious, an abuse of discretion or otherwise not in conformance with the law; (2) Contrary to constitutional right, power, privilege or immunity

James C. Weimer v. Public Service Commission of W.Va. and Robert Weiford

West Virginia Supreme Court · Jun 29, 2018

Weiford would know to apply due to the “Engineer Senior” posting which “established” the job opening. … Accordingly, upon our review of the record, we find that the ALJ was not clearly wrong in finding that petitioner failed to meet his burden of proving, by a preponderance of the evidence, that he was the most qualified candidate

Stephen L.H. v. Sherry L.H.

195 W. Va. 384 · West Virginia Supreme Court · Jul 24, 1995

recommendation, findings and conclusions of a master found to be: “(1) Arbitrary, capricious, an abuse of discretion or otherwise not in conformance with the law; "(2) Contrary to constitutional right, power, privilege or immunity … standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.” 456 U.S. at 289 n. 19, 102 S.Ct. at 1790 n. 19, 72 L.Ed.2d at 80 n. 19.

State Ex Rel. Jones v. Recht

221 W. Va. 380 · West Virginia Supreme Court · Nov 8, 2007

Jones sought to establish the extent to which the injuries that Dr. Naum contended had resulted from his accident with Mr. Jones were likely attributable thereto. … BENJAMIN, Justice, concurring: I write separately to make clear that, so long as an adequate foundation is established for his opinion, Dr. Peter E. Shepek (hereinafter "Dr.

Nestor v. Antolini

District Court, N.D. West Virginia · Sep 22, 2021

The R&R also found that Plaintiffs’ claims against Antolini, Armstrong, and Poier are subject to qualified immunity because each of these Defendants were performing discretionary functions … Plaintiffs also argue that Defendants are not entitled to judicial immunity, statutory immunity, or qualified immunity [Dkt. No. 3-10].

Mitchell v. Penny

66 W. Va. 660 · West Virginia Supreme Court · Jan 25, 1910

After his death, the widow, having qualified as guardian for her children, received government pensions for them. After having so qualified, she married and removed from the state. … Nor can the termination of the guardianship* however effected, do away with rights accrued, or certain relations established, while the guardianship endured.

Daily Gazette Co. v. West Virginia Board of Medicine

177 W. Va. 316 · West Virginia Supreme Court · Dec 10, 1986

The provisions struck down by the circuit court generally provide that the reports and records of the Board and of peer review committees are strictly confidential and immune from discovery. … The Hospitals also advance the public policy argument that the interests served by protecting the confidentiality of peer review records and proceedings clearly outweigh the public’s interest in access to such materials.

Hoback v. Cox

District Court, S.D. West Virginia · Aug 18, 2021

Qualified Immunity Next, Defendant Cox reasserts her argument that she is entitled to qualified immunity as a state official. … Addressing this argument at the motion to dismiss stage, the Court first noted that West Virginia law “affords immunity ‘from personal liability for official acts if the involved conduct did not violate clearly established

State v. Satterfield

193 W. Va. 503 · West Virginia Supreme Court · Apr 13, 1995

Eventually, the trial court did grant immunity to Moore and Thomas for their testimony at trial. … Clearly, there was evidence that Moore wrote the suicide note with the belief that he was facing imminent death because he killed himself soon after writing the note.