Case law

Rand v. Miller

185 W. Va. 705 · West Virginia Supreme Court · Jul 25, 1991

We need not make a definitive statement on the question of whether a physician hired by an employer to examine an employee is totally immune from a malpractice action brought by the employee. … Ogden Newspapers, Inc., 170 W.Va. 318 , 294 S.E.2d 121 (1982), we stated: “ ‘An action for libel is governed by the one-year limitation period established by W.Va.Code, 55-2-12(c).’ Syllabus, Cavendish v.

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.

Kidd v. Bradley

578 F. Supp. 275 · District Court, N.D. West Virginia · Jan 17, 1984

Inasmuch as the evidence in the case at bar clearly establishes that the Plaintiff is only complaining of these Defendants’ random and unauthorized deprivation of his property rights, the Court need only determine whether … The sovereign immunity of the State of West Virginia would not bar a common law action against these Defendants, since the Plaintiff is only complaining of their random and unauthorized acts which arc only attributable to

Guyan Valley Hospital, Inc. v. West Virginia Human Rights Commission

181 W. Va. 251 · West Virginia Supreme Court · Jul 3, 1989

Bradsher was qualified for the job by two years of college and two months experience as a nurse’s aide. … Or, more clearly put, “I was [not hired] because I was [black].” Id. 178 W.Va. at 170 , 358 S.E.2d at 429, n. 5 .

Smith v. Harmer

135 W. Va. 380 · West Virginia Supreme Court · Feb 13, 1951

E. 1070 , the putative father of decedent qualified as administrator of *386 his estate within thirty days of his death. … Of course, if there be no question as to the suitability of such person or the unsuitability be not clearly established by proper proof, those designated by the statute have the absolute right to the appointment.

Eagon v. Cabell County Emergency Medical Services

District Court, S.D. West Virginia · Dec 21, 2023

Eagon’s clearly established constitutional rights. Id. ¶¶39, 41. … Feb. 24, 2022), “it is well established [under Monell] that a state’s political subdivisions are amenable to suit under § 1983.”

Carpenter v. Perry

District Court, S.D. West Virginia · Nov 21, 2017

was clearly established. … The only remaining inquiry is whether the right was “clearly established.”

State v. Pietranton

140 W. Va. 444 · West Virginia Supreme Court · Nov 23, 1954

After certain jurors had qualified, a prospective juror, while being examined on his voir dire in the presence and hearing of jurors who had qualified, stated: “Your Honor, I have got a leg off below the knee, and I am afraid … In the selection of a jury in a criminal case or a civil action a trial court is vested with a sound discretion and its action in excusing a qualified juror and in excluding a qualified juror upon challenge for cause will

Finch v. Inspectech, LLC

229 W. Va. 147 · West Virginia Supreme Court · May 24, 2012

Therefore, it is recommended [that] a qualified structural engineer examine all areas in question to determine if additional repairs are required or should these recent cracks be monitored. … Va.Code § 20-3B-1 et seq., imposes in general terms certain statutory duties upon commercial whitewater outfitters ...; recognizes liability for violation of these statutory duties; and immunizes commercial whitewater outfitters

West Virginia University v. West Virginia Human Rights Commission

217 W. Va. 174 · West Virginia Supreme Court · Jul 12, 2005

The record clearly establishes that Ms. Prince was not capable of performing the essential functions of her job as a patient escort as a result of her disability. … Prince simply failed to qualify for any of the vacant positions. IV.

Clay v. Consol Pennsylvania Coal Co.

955 F. Supp. 2d 588 · District Court, N.D. West Virginia · Jul 3, 2013

The plaintiff indicates that the statement that he “was passed over for a promotion due to [the assistant mine superintendent’s] actions when other, less qualified white employees were promoted” supports the proposition that … Due to this Court dismissing the claim based on the intracorporate immunity defense, however, it need not address this argument.

Robert Eagle v. Eastern W. Va. Community and Technical College, etc.

West Virginia Supreme Court · Apr 7, 2017

Terrell’s immunity. … The circuit court clearly imposed on Petitioner a higher standard than this Court has established for the sufficiency of pleadings in the context of a Rule 12(b)(6) motion.

State Ex Rel. Dostert v. Riggleman

155 W. Va. 808 · West Virginia Supreme Court · Mar 28, 1972

It is now clearly established by the recent decisions of this Court, that mandamus lies to determine the eligibility of a candidate for an elective office and to require the board of ballot commissioners to strike1 or omit … That case, however, is clearly distinguishable from and does not control the decision in the instant proceeding.

Robert Eagle v. Eastern W. Va. Community and Technical College, etc.

West Virginia Supreme Court · Mar 24, 2017

Terrell’s immunity. … The circuit court clearly imposed on Petitioner a higher standard than this Court has established for the sufficiency of pleadings in the context of a Rule 12(b)(6) motion.

Perry v. Campbell's Adm'r

10 W. Va. 228 · West Virginia Supreme Court · May 1, 1877

He may demand, sue for, recover and receive all debts due to the decedent, and all his other personal estate, and, -likewise, if a will be in contest, any rents and profits of real estate which, if it were established, an … If that commissioner’s report be true, then clearly under the statutes and under the principles enunciated in Myers v. Wade, 6 Rand., 444 ; and Morrow’s adm’r v.

Donald Woods v. Jefferds Corporation

West Virginia Supreme Court · Feb 28, 2019

“In order to establish a case of discriminatory discharge under W.Va. … However, when confronted with the physician’s report that he could not safely do tasks essential to the job, the record clearly establishes that Mr.

Jenkins v. CSX Transportation, Inc.

220 W. Va. 721 · West Virginia Supreme Court · Jun 29, 2007

unless it clearly appears that its discretion has been abused.”). … Jenkins, the issue is not whether a neuropsychologist can qualify as an expert, but whether Dr. Phifer was qualified to render an opinion when he clearly admitted that he was not capable of doing so.

City of Fairmont v. Hawkins

172 W. Va. 240 · West Virginia Supreme Court · Jun 22, 1983

City of Huntington, supra, was whether the city had delegated its authority to establish and designate streets to the city engineer. … Strickland, [ 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975)] rule, the immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established at the time

State Ex Rel. Jones v. Ingram

135 W. Va. 548 · West Virginia Supreme Court · Mar 1, 1951

Respondents, in their answer, allege that they are without knowledge as to whether Seabolt has established a *550 residence in the Town of Shrewsbury; that he was duly elected and qualified as mayor of the Town of Cedar Grove … It would be clearly an injustice to Seabolt to declare the office of mayor of ithe Town of Cedar Grove vacant in a proceeding wherein he is not a party and is not heard. *552 A determination of such vacancy must necessarily