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West Virginia 1983 Law
 
City of Saint Albans v. David A. Botkins

In this interlocutory appeal of the November 5, 2010, order of the Circuit Court of Kanawha County, the defendants below — the City 1 of Saint Albans, B.L. Tagayun and A.C. Truitt2 (hereinafter collectively referred to as “Appellants”) — challenge the trial court’s refusal to grant summary judgment on qualified immunity grounds. The underlying civil complaint filed by David A. Botkins (h... More...   $0 (11-23-2011 - WV)

Kim Wolfe v. Nathaniel Adkins

Where there is no provision in a written employment agreement, personnel handbook, personnel policy materials or employer documents granting employees payment for unused, accumulated sick leave upon termination from employment, the unused, accumulated sick leave, upon termination from employment, is not a vested, nonforfeitable fringe benefit under the West Virginia Wage Payment and Collection Act... More...   $0 (09-29-2011 - WV)

Kara Kowalski v. Berkeley County Schools

When Kara Kowalski was a senior at Musselman High School in Berkeley County, West Virginia, school administrators suspended her from school for five days for creating and posting to a MySpace.com webpage called "S.A.S.H.," which Kowalski claims stood for "Students Against Sluts Herpes" and which was largely dedicated to ridiculing a fellow student. Kowalski commenced this action, under 42 U.S.C. Â... More...   $0 (07-27-2011 - WV)

Randy L. Mace v. Mylan Pharmaceuticals, Inc.

The plaintiff below and appellant herein, Randy L. Mace (“Mr. Mace”), as personal representative of the Estate of Kathy W. Mace (“Ms. Mace”), appeals from an order of the Circuit Court of Monongalia County, West Virginia, dismissing his wrongful death lawsuit on the basis of forum non conveniens. Applying West Virginia Code § 56-1-1a (Supp. 2010), the forum non conveniens statute, the cir... More...   $0 (06-16-2011 - WV)

James D. MacDonald v. City Hospital, Inc.

Once again, this Court is asked to consider the constitutionality, vel non, of W. Va. Code § 55-7B-8 which places a limit or “cap” on compensatory damages for noneconomic loss awarded in a medical professional liability action. On two prior occasions, in the cases of Robinson v. Charleston Area Medical Center, Inc., 186 W. Va. 720, 414 S.E.2d 877 (1991) and Verba v. Ghaphery, 210 W. Va. 30, 5... More...   $0 (06-22-2011 - WV)

Brenda A. Bosley v. Mineral County Commission

West Virginia, County Sheriff Craig Fraley, and his Chief Deputy, Paul Sabin, challenge the district court’s award of attorney’s fees and costs under 42 U.S.C. § 1988 to Appellee Brenda A. Bosley. Appellants do not challenge the calculation, the amount or the reasonableness of the award; nor do they dispute that Appellee was a "prevailing party" under § 1988(b). Rather, they contend more nar... More...   $0 (06-14-2011 - WV)

West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners v. Kenneth A. Harrison

The West Virginia Medical Imaging and Radiation TherapyTechnologyBoard of Examiners (“Board” or “Appellant”) appeals the March 26, 2010, order of the Circuit Court of Monongalia County, which reversed the Board’s Final Administrative Order suspending for two years Appellee Kenneth A. Harrison’s license to practice medical imaging and radiation therapy technology in the State of West Vi... More...   $0 (05-26-2011 - WV)

Farouk Abadir v. Mark H. Dellinger

This case comes before us on appeal for essentially a third time.1 The current appeal is by the plaintiffs below, Farouk Abadir, Hosny Gabriel, Ricardo Ramos, Alfredo Rivas, Michael Vega and Huntington Anesthesia Group, Inc. (“Appellants”) from a November 19, 2009, order of the Circuit Court of Cabell County granting a motion to dismiss filed by the defendants below, Mark Dellinger and the law... More...   $0 (05-02-2011 - WV)

State of West Virginia ex rel Darrell V. McGraw, Jr. v. CVS Pharmacy

The State of West Virginia, by its Attorney General, commenced this action in state court against CVS Pharmacy, Inc., and five other pharmacies (collectively, the "Pharmacies"), alleging that the Pharmacies sold generic drugs to West Virginia consumers without passing along to the consumers the cost savings of generic drugs over brand name equivalents, in violation of West Virginia Code § 30-5-12... More...   $0 (05-20-2011 - WV)

Julie Fato v. Derek Snavely

Julie Fato sued former West Virginia State Police trooper Derek Snavely on a civil rights violation under 42 U.S.C. 1983 claiming that Defendant forced her to have sex with him in November 2008.

Snavely claimed that Fato consented to the sexual encounter and claimed that Fato instigated the activity.... More...
   $0 (03-04-2011 - WV)

Steven S. Witt v. West Virginia State Police

Steven Witt brought this § 1983 Fourth Amendment excessive force case against the West Virginia State Police and three troopers. After dismissing Witt’s claims against the State Police and the troopers in their official capacity, the district court refused to grant summary judgment to the troopers in their individual capacity. Contending that qualified immunity protects them from suit, the troo... More...   $0 (02-04-2011 - WV)

Tametta Bellotte v. Tracy L. Edwards

In this case, police officers executed a late-night, no-knock entry into a family’s home. Though the officers claim that exigent circumstances justified their conduct, we agree with the district court that the remarkably scanty rationale offered for the no-knock invasion makes an award of qualified immu- nity inappropriate. With respect to the denial of qualified immunity on plaintiffs’ other ... More...   $0 (01-14-2011 - WV)

West Virginia ex rel. West Virginia Citizens Action Group v. West Virginia Economic Development Grant Committee

1. "Article V, section 1 of the Constitution of West Virginia which prohibits any one department of our state government from exercising the powers of the others, is not merely a suggestion; it is part of the fundamental law of our State and, as such, it must be strictly construed and closely followed." Syl. Pt. 1, State ex rel. Barker v. Manchin, 167 W. Va. 155, 279 S.E.2d 622 (1981).

2.... More...
   $0 (03-11-2003 - WV)

Lloyd's Inc. v. Charles R. Lloyd

The appellant herein and plaintiff below, Lloyd's, Inc. (hereinafter “Lloyd's”), appeals from an order entered February 11, 2009, by the Circuit Court of Braxton County. By that order, the circuit court granted the motion to dismiss filed by the appellee herein and defendant below, Charles R. Lloyd (hereinafter “Charles Lloyd”), and dismissed Lloyd's complaint finding that the claims ass... More...   $0 (03-04-2010 - WV)

Carol Pethtel v. West Virginia State Police

After a West Virginia State Police officer shot and killed a fugitive while he was holding a hostage, the deceased’s mother, Carol Pethtel, brought this action against the State Police and several individual officers. Ms. Pethtel asserts that the officers employed unconstitutionally excessive force and seeks money damages pursuant to 42 U.S.C. § 1983 (2006) and state law. The district court gra... More...   $0 (01-03-2010 - WV)

Howard Wrenn v. the West Virginia Department of Transportation, Division of Highways

This case is before this Court upon an appeal from a final order of the Circuit Court of Wyoming County, West Virginia, granting a motion to dismiss filed by the Appellee and Defendant below, the West Virginia Department of Transportation, Division of Highways (hereinafter called “DOH”). In that Order, the circuit court concluded that the DOH is entitled to sovereign immunity in this case bec... More...   $0 (11-04-2009 - WV)

Rakesh Wahi v. Charleston Area Medical Center, Inc., et al.

Rakesh Wahi, M.D., appeals the district court’s judgment dismissing his numerous state and federal claims brought against Charleston Area Medical Center, Inc. ("CAMC") regarding the suspension of his medical privileges. The district court concluded most of Wahi’s claims were barred because CAMC qualified for immunity from suit under the Health Care Quality Improvement Act ("HCQIA" or "the Act"... More...   $0 (04-10-2009 - WV)

Raines Imports, Inc. d/b/a Lester Raines Honda v. American Honda Motor Company, Inc.

The appellant herein and plaintiff below, Raines Imports, Inc., doing business as Lester Raines Honda (hereinafter referred to as “Lester Raines Honda”), appeals from an order entered March 26, 2007, by the Circuit Court of Kanawha County. In that order, the circuit court granted summary judgment to the appellee herein and defendant below, American Honda Motor Company, Inc. (hereinafter referr... More...   $0 (01-30-2009 - WV)

Charles & Kathryn Beahm, et al. v. 7-Eleven, Inc. and Melissa Spinks

The instant action is before this Court upon the appeal of Charles and Kathryn Beahm, Randy and Kathy Johnson, and the Jefferson City Council on Aging [hereinafter “Appellants”] from a January 4, 2007, order granting defendants', 7-Eleven, Inc. and Melissa Spinks [hereinafter “Appellees”], Motion for Summary Judgment. On appeal, the Appellants allege that errors were committed by the circu... More...   $0 (09-26-2008 - WV)

Misty Blessing v. National Engineering & Contracting Company, et al.

Misty Blessing appeals from the September 13, 2006, order of the Circuit Court of Kanawha County granting summary judgment to Appellee West Virginia Department of Transportation (the "Department") in connection with a wrongful death action Appellant filed against the Department and its employee, Appellee Byron Smith. In granting summary judgment to the Department and Mr. Smith, the trial court rul... More...   $0 (04-25-2008 - WV)

Far Away Farm, LLC v. Jefferson County Board of Zoning Appeals, et al.

This case is before this Court upon appeal of a final order of the Circuit Court of Jefferson County entered on September 18, 2006. In that order, the circuit court affirmed a decision of the appellee and respondent below, the Jefferson County Board of Zoning Appeals (hereinafter "BZA"), (See footnote 1) which denied the request of the appellant and petitioner below, Far Away Farm, LLC (hereinafte... More...   $0 (04-17-2008 - WV)

Allison J. Riggs and Jack E. Riggs, M.D. v. West Virginia University Hospitals, Inc.

Appellants Allison J. Riggs and Jack E. Riggs, M.D. argue herein that the Circuit Court of Monongalia County erred by reducing a jury verdict awarding non- economic damages in the amount of $10,000,000 to $1,000,000 pursuant to the provisions of W. Va. Code § 55-7B-8 (1986). (See footnote 1) According to Appellants, the non-economic damages cap contained in Section 8 of the Medical Profess... More...   $0 (11-24-2007 - WV)

Eric Jason Brooks v. Galen of West Virginia, Inc. d/b/a Greenbrier Valley Medical Center et al.

This is an appeal by Eric Jason Brooks (hereinafter "Appellant") from a jury verdict in the Circuit Court of Greenbrier County in favor of Galen of West Virginia, d/b/a Greenbrier Valley Medical Center (hereinafter "GVMC" or "Appellee"). The Appellant contends that the lower court erred by taking judicial notice of a Social Security disability hearing which found the Appellant disabled due to a... More...   $0 (04-20-2007 - WV)

Rebecca M. Arbogast and Kevin Mark Arbogast v. Mid-Ohio Valley Medical Group d/b/a Mid-Ohio Valley Urgent Care

Mid-Ohio Valley Medical Corp., d/b/a Mid-Ohio Valley Urgent Care (hereinafter referred to as "Mid-Ohio"), appellant/defendant below, appeals from a ruling by the Circuit Court of Wood County granting Rebecca M. Arbogast and Kevin Mark Arbogast (hereinafter referred to as "the Arbogasts") appellees/plaintiffs below, judgment as a matter of law on the issue of liability and a new trial on the i... More...   $0 (11-17-2003 - WV)

American Reliable Insurance Company, et al. v. Robert Stillwell and Helen Stillwell

Appellants American Reliable Insurance Company, American Bankers Insurance Company of Florida, and Campbell Insurance Services, Inc. (collectively "Appellants"), appeal the district court's dismissal of their petition to compel arbitration of claims asserted against them in West Virginia state court by Appellees Robert and Helen Stillwell. See American Reliable Ins. Co. v. Stillwell, 212 F... More...   $0 (07-16-2003 - WV)

Patrick M. Mays, Administrator of the Estate of Robert B. Mays, deceased v. Hao Chang, M.D.

The appellant, Patrick Mays, is the administrator of the Estate of Robert B. Mays. Robert B. Mays ("Mr. Mays") was diagnosed with colorectal cancer in March 1993, and he died as a result of the disease on January 1, 1995. The appellant contends that Mr. Mays' family physician, appellee Dr. Hao Chang, was negligent in failing to discover the colorectal cancer.

Mr. Mays suffered from variou... More...   $0 (03-19-2003 - WV)

City National Bank v. Beckley

On November 16, 2001, City National received an assessment for B & O taxes from the City of Beckley for four taxable quarters covering the period from October 1, 1999, through September 30, 2000, in the aggregate amount of $281,550.82. The Bank timely filed a petition for reassessment with the City, protesting the tax assessment and penalties based on its contention that the funds subject to th... More...   $0 (03-14-2003 - WV)

Carol Gallant and Jim Whipple v. County Commission of Jefferson County, West Virginia

This is an appeal by Carol Gallant and Jim Whipple (hereinafter "Appellants") from an order of the Circuit Court of Jefferson County dissolving a temporary injunction which had previously issued prohibiting the demolition of the Jefferson County Jail and dismissing their case with prejudice. Upon thorough evaluation of the record and the arguments of counsel, we reverse the decision of the lower c... More...   $0 (12-02-2002 - WV)

United National Insurance Company v. Kevin M. Lee, et al.

On December 4, 1998, Lee was severely injured on the premises of the Gentleman's Club, Inc., d/b/a Silk Stockings (the Club). On December 17, 1998, counsel for Lee attempted to send a certified let-ter to Jeffrey Stamm, president and chief operating officer of the Club, to inform the Club that Lee had retained counsel. The letter was returned on January 9, 1999, marked as "unclaimed." On Janu... More...   $0 (11-26-2002 - WV)

Curtis M. Adkins, et al. v. Labor Ready, Inc., et al.

Curtis Adkins filed suit against Labor Ready, Inc. and Labor Ready Mid-Atlantic, Inc. (collectively "Labor Ready") alleging violations of federal and state labor laws. Labor Ready responded with a motion to compel arbitration based on an arbitration agreement signed by Adkins. The district court granted the motion, Adkins v. Labor Ready, Inc., 185 F. Supp. 2d 628 (S.D.W. Va. 2001), and dismis... More...   $0 (09-03-2002 - WV)

Helen Foster, et al. v. Hossein Sakhai, M.D.

Appellant Helen Foster (sometimes also referred to as "plaintiff" in the course of this opinion) and her late husband filed a medical malpractice suit against appellee Dr. Hossein Sakhai for personal injuries the Fosters alleged as a result of brain surgery performed by Dr. Sakhai upon Mr. Foster. Mr. Foster died before the case could come to trial, but at the trial, the jury awarded Mrs. Foster a... More...   $800000 (12-12-2001 - WV)

Perry Williams, et al. v. Professional Transportation, Inc., et al.

Defendant, CSX Transportation, Inc. ("CSXT"), a subsidiary of CSX Corporation, appeals from the district court's judgment order and accompanying findings of fact and conclusions of law enforcing a previous settlement agreement between CSXT and plaintiff, Wil- liams Transport ("Williams"). CSXT also appeals the district court's award of attorneys' fees to Williams. Williams cross-appeals the d... More...   $140000 (07-01-2002 - WV)

The Affiliated Construction Trades Foundation v. The Public Service Commission

The PSC maintained that ACT sought to revoke the certificate of convenience and necessity issued to Big Sandy. Consequently, the PSC argued, ACT had no standing to file a complaint in the matter. To justify addressing this case on the merits, the majority opinion stated that “[i]f ACT sought only the revocation of the permit, the finality argument might be considered more viable.” In o... More...   $0 (03-22-2002 - WV)

Robert C. Hensley v. Alcon Laboratories, Inc.

On the motion of Alcon Laboratories, Inc. to enforce a settlement agreement allegedly reached with Robert Hensley in connection with his wrongful-employment-termination suit against Alcon, the district court directed the parties to consummate the settlement agreement by a specified date on the threat of dismissing the wrongful-termination suit with prejudice. When Hensley refused to sign the ... More...   $0 (01-22-2002 - WV)

Jackson Baynard v. Catherine Malone, et al.

Jackson Baynard brought this action pursuant to 42 U.S.C.A. S 1983 (West Supp. 2000) and Title IX of the Education Amendments of 1972, see 20 U.S.C.A. SS 1681-88 (West 2000), against Catherine Malone, Otto Beckhoff, Paul Masem, and the Alexandria City School Board ("the ACSB"). Malone appeals an order of the district court denying her motion for judgment as a matter of law. See Fed. R. Civ. ... More...   $1050000 (09-27-2001 - WV)

Larry W. Midkiff v. Huntington National Bank West Virginia

Breach of Fiduciary Duty - Gross Negligence - Breach of Contract - In 1983 Midkiff opened an IRA account with a predecessor of the appellee Bank, the Wood County Bank of Parkersburg. Between 1983 and 1990, Midkiff made contributions to this account. However, between September of 1990 and January of 1992, Midkiff's then-spouse, Nancy Midkiff, forged Midkiff's signature on 11 occasions to make unau... More...   $24000 (12-09-1998 - WV)

 
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