Supreme Court of Appeals of West Virginia Decisions 2022
Opinions 1 - 500 of 779
Date: December 6, 2022
Docket Number: 21-0526
Date: December 6, 2022
Docket Number: 21-0548
Date: December 6, 2022
Docket Number: 21-0638
Date: December 6, 2022
Docket Number: 21-0656
Date: December 6, 2022
Docket Number: 21-0668
Date: December 6, 2022
Docket Number: 21-0683
Date: December 6, 2022
Docket Number: 21-0769
Date: December 6, 2022
Docket Number: 21-0775
Date: December 6, 2022
Docket Number: 21-0780
Date: December 6, 2022
Docket Number: 21-0791
Date: December 6, 2022
Docket Number: 21-0866
Date: December 6, 2022
Docket Number: 21-0869
Date: December 6, 2022
Docket Number: 21-0896
Date: December 2, 2022
Docket Number: 22-559
Date: December 1, 2022
Docket Number: 22-0155
Date: November 29, 2022
Docket Number: 20-0230
Date: November 29, 2022
Docket Number: 20-0233
Date: November 18, 2022
Docket Number: 21-0456
Date: November 18, 2022
Docket Number: 22-616
Date: November 17, 2022
Docket Number: 20-0233
Date: November 17, 2022
Docket Number: 20-0744
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court resentencing Petitioner, for purposes of this appeal, to an aggregate term of incarceration of five to twenty-five years for her convictions for child neglect…
Date: November 17, 2022
Docket Number: 21-0217
Justia Opinion Summary: The Supreme Court reversed the portion of the circuit court's order dismissing Plaintiff's claim for negligence against the Logan County Board of Education under W. Va. Code 29-12A-4(c)(2), holding that Plaintiff's…
Date: November 17, 2022
Docket Number: 21-0217
Date: November 17, 2022
Docket Numbers: 21-0243, 21-0682
Justia Opinion Summary: Supreme Court affirmed in part and reversed in part three orders issued by two separate judges presiding over two separate but related cases in the circuit court, holding that remand was required. Specifically, the…
Date: November 17, 2022
Docket Number: 21-0387
Justia Opinion Summary: The Supreme Court held that the circuit court erred in its application of "the open and obvious doctrine" but correctly granted summary judgment for Defendants because there was no genuine issue for trial on the issue of…
Date: November 17, 2022
Docket Number: 21-0387
Date: November 17, 2022
Docket Number: 21-0456
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for unlawfully, knowingly, and willfully sending or causing to be sent and/or possessing material depicting minors engaged in sexually explicit conduct, in violation of…
Date: November 17, 2022
Docket Number: 21-0589
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying Defendants' motion to dismiss the claims brought against them on grounds of workers' compensation immunity and immunity under the Governmental Tort Claims…
Date: November 17, 2022
Docket Number: 21-0603
Justia Opinion Summary: The Supreme Court reversed the circuit court's grant of summary judgment in favor of Allstate Vehicle and Property Insurance Company's decision to rescind an insurance policy purchased for a derelict house Homeowner…
Date: November 17, 2022
Docket Number: 21-0696
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction on the charge of possession of a firearm by a prohibited person under W. Va. Code 61-7-7(a)(3), holding that Defendant's argument that the statute was so ambiguous that…
Date: November 17, 2022
Docket Number: 21-0873
Justia Opinion Summary: The Supreme Court answered three questions certified by the Circuit Court of Monongalia County seeking clarification as to the application of the "hit-and-run statute," W. Va. Code 17C-4-1, pertaining to vehicle crashes…
Date: November 17, 2022
Docket Number: 22-0027
Justia Opinion Summary: The Supreme Court granted a writ of prohibition sought by the West Virginia Department of Health and Human Resources and others (collectively, DHHR) to prohibit the Honorable Louis Bloom, Judge of the Circuit Court of…
Date: November 17, 2022
Docket Number: 22-0067
Justia Opinion Summary: The Supreme Court vacated the dispositional order of the circuit court terminating Father's parental rights to his minor children under W. Va. Code 49-4-604(c)(6) due to aggravated circumstances, holding that the…
Date: November 17, 2022
Docket Number: 22-0155
Date: November 17, 2022
Docket Number: 22-0155
Justia Opinion Summary: The Supreme Court answered a certified question from the United States Court of Appeals for the Fourth Circuit concerning the amount of motor vehicle liability insurance coverage, if any, that Insurer must provide to a…
Date: November 17, 2022
Docket Number: 22-0268
Date: November 17, 2022
Docket Number: 22-0400
Justia Opinion Summary: The Supreme Court granted a writ of prohibition preventing the Honorable Christopher McCarthy, Judge of the Circuit Court of Harrison County, from enforcing an order granting Plaintiffs' motion to compel, holding that…
Date: November 17, 2022
Docket Number: 22-559
Justia Opinion Summary: In this abuse and neglect matter, the Supreme Court granted a writ of mandamus compelling the circuit court to reunify Daughter with Parents and to remove Kinship Parents' party status in the underlying action, holding…
Date: November 17, 2022
Docket Number: 22-616
Date: November 17, 2022
Docket Number: 22-616
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court permanently enjoining the State from implementing the Hope Scholarship Act, W. Va. Code 18-31-1 to -13, after declaring the Act to be unconstitutional, holding…
Date: November 16, 2022
Docket Number: 22-0081
Justia Opinion Summary: The Supreme Court vacated a portion of the circuit court's dispositional order terminating Petitioner's parental rights to his child, holding that the termination of Petitioner's parental rights was erroneously based…
Date: November 15, 2022
Docket Number: 22-0293
Justia Opinion Summary: The Supreme Court affirmed the order of the Public Service Commission of West Virginia (PSC) ordering Equitrans, LC, a natural gas interstate pipeline company, to permit Hope Gas to connect a natural gas field tap on…
Date: November 15, 2022
Docket Number: 22-0293
Date: November 14, 2022
Docket Number: 21-0396
Date: November 14, 2022
Docket Number: 21-0396
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Petitioner's motion to suppress evidence that law enforcement discovered her minor child in Petitioner's home after the child absconded from her…
Date: November 10, 2022
Docket Numbers: 20-1019, 20-1022
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court reversing the orders issued by Petitioner while sitting as the Berkeley County Board of Assessment Appeals arising from appeals of ad valorem assessments owned…
Date: November 10, 2022
Docket Number: 21-0475
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting a writ of prohibition to prevent the magistrate court from dismissing the charge against Petitioner of animal cruelty in violation of W. Va. Code…
Date: November 10, 2022
Docket Number: 22-0351
Justia Opinion Summary: The Supreme Court affirmed the order of the West Virginia Public Service Commission that invalidated a $50 water disconnect fee charged by the Mason County Public Service District as an unreasonable practice, holding…
Date: November 10, 2022
Docket Number: 22-0351
Date: November 4, 2022
Docket Number: 21-0490
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Petitioner's motion to reduce her sentence pursuant to W. Va. R. Crim. P. 35(b), holding that the circuit court properly denied the motion as…
Date: November 3, 2022
Docket Numbers: 20-0537, 21-0944
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decisions of the lower tribunals resolving Claimant's permanent total disability (PTD) claim in his favor after denying his petition to reopen his occupational…
Date: November 3, 2022
Docket Number: 20-0747
Date: November 3, 2022
Docket Numbers: 20-1027, 22-0342
Date: November 3, 2022
Docket Number: 21-0263
Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court finding that Petitioner was not competent to stand trial for his alleged crimes, holding that the circuit court did not err. Petitioner was indicted on two…
Date: November 3, 2022
Docket Number: 21-0267
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting summary judgment to Clay County Development Corporation (CCDC) in regard to Petitioners' claims of discrimination in violation of the West Virginia Human…
Date: November 3, 2022
Docket Number: 21-0578
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying a motion for summary judgment filed by Adam Goodman and Paul Underwood (collectively, Petitioners) in this personal injury case arising from an accident…
Date: November 1, 2022
Docket Number: 22-0261
Justia Opinion Summary: The Supreme Court granted a writ of prohibition prohibiting enforcement of a preliminary injunction against the West Virginia Secondary School Activities Commission (WVSSAC) in favor of Heather B. as legal guardian of…
Date: October 31, 2022
Docket Number: 21-0472
Date: October 26, 2022
Docket Number: 21-0173
Date: October 26, 2022
Docket Number: 21-0383
Date: October 26, 2022
Docket Number: 21-0440
Date: October 26, 2022
Docket Number: 21-0579
Date: October 26, 2022
Docket Number: 21-0579
Justia Opinion Summary: The Supreme Court dismissed the appeal brought by the City of Martinsburg of the judgment of the circuit court entering an injunction halting the City's efforts to regulate the County's excavation and construction of a…
Date: October 26, 2022
Docket Number: 21-0680
Date: October 26, 2022
Docket Number: 21-0695
Date: October 26, 2022
Docket Number: 21-0756
Date: October 26, 2022
Docket Number: 21-0807
Date: October 26, 2022
Docket Number: 21-0890
Date: October 26, 2022
Docket Number: 21-0900
Date: October 26, 2022
Docket Number: 22-0184
Date: October 26, 2022
Docket Number: 22-0217
Date: October 26, 2022
Docket Number: 22-0281
Date: October 26, 2022
Docket Number: 22-0322
Date: October 21, 2022
Docket Number: 21-0892
Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court terminating Petitioner's parental rights to his six children and denying his motion to reconsider the court's prior order denying his motion for an improvement…
Date: October 21, 2022
Docket Number: 21-1004
Date: October 18, 2022
Docket Number: 20-0664
Date: October 18, 2022
Docket Number: 20-0668
Date: October 18, 2022
Docket Number: 21-0048
Date: October 18, 2022
Docket Number: 21-0128
Date: October 18, 2022
Docket Number: 21-0222
Date: October 18, 2022
Docket Number: 21-0225
Date: October 18, 2022
Docket Number: 21-0408
Date: October 18, 2022
Docket Number: 21-0414
Date: October 18, 2022
Docket Number: 21-0474
Date: October 18, 2022
Docket Number: 21-0478
Date: October 18, 2022
Docket Number: 21-0502
Date: October 17, 2022
Docket Number: 20-0844
Date: October 17, 2022
Docket Number: 21-0227
Date: October 17, 2022
Docket Number: 21-0328
Date: October 17, 2022
Docket Number: 21-0346
Date: October 17, 2022
Docket Number: 21-0356
Date: October 17, 2022
Docket Number: 21-0524
Date: October 17, 2022
Docket Number: 21-0540
Date: October 17, 2022
Docket Number: 21-0550
Date: October 17, 2022
Docket Number: 21-0621
Date: October 17, 2022
Docket Number: 21-0640
Date: October 17, 2022
Docket Number: 21-0644
Date: October 17, 2022
Docket Number: 21-0687
Date: October 17, 2022
Docket Number: 21-0689
Date: October 17, 2022
Docket Number: 21-0690
Date: October 17, 2022
Docket Number: 21-0699
Date: October 17, 2022
Docket Number: 21-0723
Date: October 17, 2022
Docket Number: 21-0765
Date: October 17, 2022
Docket Number: 21-0778
Date: October 17, 2022
Docket Number: 21-0788
Date: October 17, 2022
Docket Number: 21-0802
Date: October 17, 2022
Docket Number: 21-0803
Date: October 17, 2022
Docket Number: 21-0864
Date: October 17, 2022
Docket Number: 21-0876
Date: October 17, 2022
Docket Number: 21-0945
Date: October 7, 2022
Docket Number: 21-0596
Justia Opinion Summary: The Supreme Court vacated the adjudicatory and dispositional orders of the circuit court in this termination of parental rights case, holding that the circuit court erred when it terminated Father's parental rights…
Date: October 7, 2022
Docket Number: 21-0898
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court terminating Mother's parental rights to her five children, holding that there was no error in the proceedings below. Following a disposition hearing, the circuit…
Date: September 20, 2022
Docket Number: 20-0103
Date: September 20, 2022
Docket Number: 20-0199
Date: September 20, 2022
Docket Number: 20-0313
Date: September 20, 2022
Docket Number: 20-0364
Date: September 20, 2022
Docket Number: 20-0619
Date: September 20, 2022
Docket Number: 21-0353
Date: September 20, 2022
Docket Number: 21-0488
Date: September 20, 2022
Docket Number: 21-0534
Date: September 20, 2022
Docket Number: 21-0542
Date: September 20, 2022
Docket Number: 21-0556
Date: September 20, 2022
Docket Number: 21-0558
Date: September 20, 2022
Docket Number: 21-0749
Date: September 20, 2022
Docket Number: 21-0793
Date: September 20, 2022
Docket Number: 22-0200
Date: September 20, 2022
Docket Number: 22-0266
Date: September 19, 2022
Docket Number: 20-0716
Date: September 19, 2022
Docket Number: 21-0206
Date: September 19, 2022
Docket Number: 21-0298
Date: September 19, 2022
Docket Number: 21-0304
Date: September 19, 2022
Docket Number: 21-0308
Date: September 19, 2022
Docket Number: 21-0309
Date: September 19, 2022
Docket Number: 21-0315
Date: September 19, 2022
Docket Number: 21-0342
Date: September 19, 2022
Docket Number: 21-0365
Date: September 19, 2022
Docket Number: 21-0406
Date: September 19, 2022
Docket Number: 21-0407
Date: September 19, 2022
Docket Number: 21-0409
Date: September 19, 2022
Docket Number: 21-0418
Date: September 19, 2022
Docket Number: 21-0429
Date: September 19, 2022
Docket Number: 21-0460
Date: September 19, 2022
Docket Number: 21-0479
Date: September 19, 2022
Docket Number: 21-0481
Date: September 19, 2022
Docket Number: 21-0708
Date: September 19, 2022
Docket Number: 21-0891
Date: August 31, 2022
Docket Number: 20-0891
Date: August 31, 2022
Docket Number: 20-1041
Date: August 31, 2022
Docket Number: 21-0078
Date: August 31, 2022
Docket Number: 21-0172
Date: August 31, 2022
Docket Number: 21-0251
Date: August 31, 2022
Docket Number: 21-0290
Date: August 31, 2022
Docket Number: 21-0307
Date: August 31, 2022
Docket Number: 21-0374
Date: August 31, 2022
Docket Number: 21-0376
Date: August 31, 2022
Docket Number: 21-0388
Date: August 31, 2022
Docket Number: 21-0487
Date: August 31, 2022
Docket Number: 21-0492
Date: August 31, 2022
Docket Number: 21-0507
Date: August 31, 2022
Docket Number: 21-0529
Date: August 31, 2022
Docket Number: 21-0543
Date: August 31, 2022
Docket Number: 21-0573
Date: August 31, 2022
Docket Number: 21-0598
Date: August 31, 2022
Docket Number: 21-0604
Date: August 31, 2022
Docket Number: 21-0605
Date: August 31, 2022
Docket Number: 21-0717
Date: August 31, 2022
Docket Number: 21-0787
Date: August 31, 2022
Docket Number: 21-1038
Date: August 31, 2022
Docket Number: 21-1046
Date: August 31, 2022
Docket Number: 22-0033
Date: August 31, 2022
Docket Number: 22-0110
Date: August 30, 2022
Docket Numbers: 20-0635, 21-0572
Date: August 30, 2022
Docket Number: 21-0086
Date: August 30, 2022
Docket Number: 21-0212
Date: August 30, 2022
Docket Number: 21-0265
Date: August 30, 2022
Docket Number: 21-0395
Date: August 30, 2022
Docket Number: 21-0403
Date: August 30, 2022
Docket Number: 21-0465
Date: August 30, 2022
Docket Number: 21-0514
Date: August 30, 2022
Docket Number: 21-0569
Date: August 30, 2022
Docket Number: 21-0628
Date: August 30, 2022
Docket Number: 21-0645
Date: August 30, 2022
Docket Number: 21-0648
Date: August 30, 2022
Docket Number: 21-0651
Date: August 30, 2022
Docket Number: 21-0658
Date: August 30, 2022
Docket Number: 21-0676
Date: August 30, 2022
Docket Number: 21-0875
Date: June 15, 2022
Docket Number: 20-0680
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court applying this Court's decision in State ex rel. AMFM, LLC v. King, 740 S.E.2d 66 (W. Va. 2013), to conclude that Respondent lacked authority to bind her mother to…
Date: June 15, 2022
Docket Number: 20-0680
Date: June 15, 2022
Docket Number: 21-0694
Justia Opinion Summary: The Supreme Court vacated the written dispositional orders entered by the circuit court terminating Mother's parental rights to her two children, holding that the dispositional orders failed to include findings of fact…
Date: June 14, 2022
Docket Number: 20-0706
Justia Opinion Summary: The Supreme Court vacated the sentencing order of the circuit court in this criminal case, holding that Defendant's right to be present at the imposition of his sentence was violated and that this violation was not…
Date: June 14, 2022
Docket Number: 20-0857
Justia Opinion Summary: The Supreme Court reversed the ruling of the circuit court granting partial summary judgment to Defendants in this real property dispute, holding that genuine issues of material fact existed, precluding summary…
Date: June 14, 2022
Docket Number: 21-0114
Date: June 14, 2022
Docket Number: 21-0114
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court sentencing Defendant to life in prison without mercy for his first-degree murder conviction and terms of imprisonment for his remaining convictions, holding that…
Date: June 14, 2022
Docket Number: 21-0115
Justia Opinion Summary: The Supreme Court affirmed Petitioner's conviction of one count of death of a child by a parent, custodian, or guardian by child abuse but reversed the determinate sentence of one hundred years imposed by the circuit…
Date: June 14, 2022
Docket Number: 21-0300
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting Defendant's motion to dismiss Plaintiff's professional malpractice claim brought under the West Virginia Medical Professional Liability Act (MPLA),…
Date: June 14, 2022
Docket Number: 21-0441
Justia Opinion Summary: The Supreme Court granted Petitioner's request for a writ of prohibition as moulded in this case involving a business dispute rooted in a contract between Petitioner, a manufacturer of hemp-derived vaping cartridges, and…
Date: June 14, 2022
Docket Number: 21-0545
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Petitioners' motion to intervene in the underlying child abuse and neglect proceedings and reunifying the child with Mother, holding that there was no…
Date: June 14, 2022
Docket Number: 21-0729
Justia Opinion Summary: The Supreme Court answered certified questions seeking to clarify whether, in payment of royalties under an oil and gas lease, the lessor may be required to bear a portion of the post-production costs incurred in…
Date: June 14, 2022
Docket Number: 21-0729
Date: June 13, 2022
Docket Number: 21-0183
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Defendant, Paramount Senior Living at Ona, LLC, and dismissing Plaintiff's complaint alleging that Paramount, which operated…
Date: June 10, 2022
Docket Number: 18-0363
Date: June 10, 2022
Docket Number: 20-0149
Date: June 10, 2022
Docket Number: 21-0737
Date: June 9, 2022
Docket Number: 20-0862
Date: June 9, 2022
Docket Number: 20-1042
Justia Opinion Summary: Following a diagnosis of cancer, Opyoke requested information from his employer, Fairmont Tool, about his right to take leave under the Family and Medical Leave Act (FMLA). For approximately four months, Fairmont failed…
Date: June 8, 2022
Docket Number: 20-0169
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Defendant's petition for a writ of habeas corpus, holding that the circuit court did not err in denying the petition. Defendant was convicted of…
Date: June 8, 2022
Docket Number: 20-0169
Date: June 8, 2022
Docket Number: 20-0896
Date: June 8, 2022
Docket Number: 21-0235
Justia Opinion Summary: The Supreme Court affirmed the orders of the circuit court dismissing Jefferson County Foundation, Inc.'s suit seeking a declaration that a series of transactions were an unlawful "de facto tax abatement," holding that…
Date: June 8, 2022
Docket Number: 21-0610
Date: June 8, 2022
Docket Number: 21-0610
Justia Opinion Summary: The Supreme Court denied a writ of prohibition sought by Petitioner to stop a circuit court's order certifying the underlying case for class action relief, holding that there was no clear legal error in the…
Date: June 7, 2022
Docket Number: 20-0765
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court sentencing Petitioner to an indeterminate term of incarceration rather than a determinate term under W. Va. Code 61-3C-14b(b) in connection with his conviction of…
Date: June 2, 2022
Docket Number: 21-0249
Justia Opinion Summary: The Supreme Court reversed Petitioner's conviction for first-degree murder and sentence of life imprisonment, holding that the circuit court erred in its determination that evidence regarding Petitioner's conviction for…
Date: May 31, 2022
Docket Number: 21-0144
Date: May 31, 2022
Docket Number: 21-0347
Date: May 27, 2022
Docket Number: 21-0009
Date: May 27, 2022
Docket Number: 21-0044
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting Respondents' motion for partial summary judgment in this insurance dispute, holding that the circuit court's order failed to set forth factual…
Date: May 27, 2022
Docket Number: 21-0164
Date: May 27, 2022
Docket Number: 21-0362
Justia Opinion Summary: The Supreme Court vacated the order of the circuit court dismissing the underlying abuse and neglect petition, holding that the circuit court's conduct during in camera interview of the children violated the West…
Date: May 27, 2022
Docket Numbers: 21-0627, 21-0857
Date: May 26, 2022
Docket Number: 19-1022
Date: May 26, 2022
Docket Number: 20-0317
Date: May 26, 2022
Docket Number: 20-0456
Date: May 26, 2022
Docket Number: 20-0662
Date: May 26, 2022
Docket Number: 20-0788
Date: May 26, 2022
Docket Number: 20-0860
Date: May 26, 2022
Docket Number: 20-0884
Date: May 26, 2022
Docket Number: 21-0006
Date: May 26, 2022
Docket Number: 21-0076
Date: May 26, 2022
Docket Number: 21-0084
Date: May 26, 2022
Docket Number: 21-0117
Date: May 26, 2022
Docket Numbers: 21-0124, 21-0119, 21-0121
Date: May 26, 2022
Docket Number: 21-0127
Date: May 26, 2022
Docket Number: 21-0153
Date: May 26, 2022
Docket Number: 21-0170
Date: May 26, 2022
Docket Number: 21-0198
Date: May 26, 2022
Docket Number: 21-0201
Date: May 26, 2022
Docket Number: 21-0219
Date: May 26, 2022
Docket Number: 21-0220
Date: May 26, 2022
Docket Number: 21-0223
Date: May 26, 2022
Docket Number: 21-0224
Date: May 26, 2022
Docket Number: 21-0226
Date: May 26, 2022
Docket Number: 21-0248
Date: May 26, 2022
Docket Number: 21-0250
Date: May 26, 2022
Docket Number: 21-0260
Date: May 26, 2022
Docket Number: 21-0288
Date: May 26, 2022
Docket Number: 21-0293
Date: May 26, 2022
Docket Number: 21-0324
Date: May 26, 2022
Docket Number: 21-0360
Date: May 26, 2022
Docket Number: 21-0370
Date: May 26, 2022
Docket Number: 21-0384
Date: May 26, 2022
Docket Number: 21-0389
Date: May 26, 2022
Docket Number: 21-0421
Date: May 26, 2022
Docket Number: 21-0422
Date: May 26, 2022
Docket Number: 21-0432
Date: May 26, 2022
Docket Number: 21-0453
Date: May 26, 2022
Docket Number: 21-0457
Date: May 26, 2022
Docket Number: 21-0491
Date: May 26, 2022
Docket Number: 21-0493
Date: May 26, 2022
Docket Number: 21-0523
Date: May 26, 2022
Docket Number: 21-0535
Date: May 26, 2022
Docket Number: 22-0192
Date: May 20, 2022
Docket Number: 20-0863
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court determining that Petitioner's predecessors in interest (the Stephens) were not bona fide purchasers when they acquired the subject property at a trustee's…
Date: May 20, 2022
Docket Number: 20-0863
Date: May 20, 2022
Docket Numbers: 21-0174, 21-0181
Justia Opinion Summary: The Supreme Court affirmed the judgment of circuit court denying in part Petitioners' motions for summary judgment asserting that they were entitled to qualified immunity, holding that the circuit court correctly denied,…
Date: May 20, 2022
Docket Numbers: 21-0284, 21-0287
Date: May 18, 2022
Docket Number: 20-0848
Date: May 17, 2022
Docket Number: 20-0803
Date: May 17, 2022
Docket Number: 21-0258
Date: May 12, 2022
Docket Number: 21-0634
Date: May 12, 2022
Docket Number: 21-0635
Date: May 12, 2022
Docket Numbers: 21-0750, 21-0753
Date: May 12, 2022
Docket Number: 21-0865
Date: May 12, 2022
Docket Number: 21-0867
Date: May 12, 2022
Docket Number: 21-0889
Date: May 12, 2022
Docket Number: 21-1036
Date: May 12, 2022
Docket Number: 21-1037
Date: May 6, 2022
Docket Number: 21-0166
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court affirming the family court's order setting aside a Mediated Settlement Agreement (MSA) between Petitioner and Respondent on the grounds that it was enforceable…
Date: May 5, 2022
Docket Number: 21-1001
Date: April 28, 2022
Docket Number: 20-0028
Justia Opinion Summary: The Supreme Court reversed the judgment of the Board of Review affirming the decision of the Office of Judges denying Appellant's request to add C5-6 spondylosis with C6 radiculopathy as a compensable condition, holding…
Date: April 28, 2022
Docket Number: 20-0028
Date: April 28, 2022
Docket Number: 21-0180
Justia Opinion Summary: The Supreme Court affirmed the circuit court's order denying Father's motion to discharge his child support arrearage, holding that the circuit court did not err or abuse its discretion. After the parents of K.S.…
Date: April 26, 2022
Docket Number: 19-1126
Date: April 26, 2022
Docket Number: 20-0755
Date: April 26, 2022
Docket Number: 20-0755
Justia Opinion Summary: The Supreme Court reversed the circuit court's grant of summary judgment in favor of Respondent and dismissing Petitioner's civil action alleging that Respondent violated the terms of the West Virginia Wage Payment and…
Date: April 26, 2022
Docket Number: 20-0849
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting injunctive relief requiring Petitioners to remove a bridge and road that Respondent maintained after Petitioners brought this action for alleged flood…
Date: April 26, 2022
Docket Number: 20-0932
Date: April 26, 2022
Docket Numbers: 20-0964, 20-0967
Date: April 26, 2022
Docket Number: 20-0973
Date: April 26, 2022
Docket Number: 20-0973
Justia Opinion Summary: The Supreme Court reversed the final order of the circuit court affirming the decision of the Coal Mine Safety Board of Appeals reinstating Respondent's mining certifications following a random substance abuse drug and…
Date: April 26, 2022
Docket Number: 20-1030
Justia Opinion Summary: The Supreme Court vacated the circuit court's dispositional order terminating Mother's parental rights to her three minor children, holding that the court erred in terminating Mother's parental rights in the absence of…
Date: April 26, 2022
Docket Number: 21-0004
Date: April 26, 2022
Docket Number: 21-0019
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Petitioner's motion to transfer custody of A.A. to her upon finding that the transfer would not be in A.A.'s best interest, holding that there was no…
Date: April 26, 2022
Docket Number: 21-0096
Date: April 26, 2022
Docket Number: 21-0253
Justia Opinion Summary: The Supreme Court reversed the judgment of the family court denying Father's motion seeking to modify a parenting plan for his daughter, E.M., due to substantial changes in circumstances and awarding attorney fees to…
Date: April 26, 2022
Docket Number: 21-0332
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying Resources Limited, LLC's motion to set aside the default judgment in this case, holding that the circuit court abused its discretion in denying Resources…
Date: April 26, 2022
Docket Number: 21-0412
Justia Opinion Summary: The Supreme Court answered in the affirmative two questions certified by the United States District Court for the Southern District of West Virginia, holding that there is no separate cause of action for excessive force…
Date: April 26, 2022
Docket Number: 21-0737
Justia Opinion Summary: The Supreme Court denied a petition requested by West Virginia University Hospitals, Inc. and West Virginia United Health System, Inc. (WVU Hospitals) to invoke the original jurisdiction of the Court to obtain an…
Date: April 26, 2022
Docket Number: 21-0899
Justia Opinion Summary: The Supreme Court granted a writ of prohibition sought by Thornhill Motor Care, Inc. to prevent the Circuit Court of Mingo County from enforcing its order denying Petitioner's motion to dismiss based on improper venue,…
Date: April 26, 2022
Docket Number: 21-0937
Date: April 26, 2022
Docket Number: 21-0937
Justia Opinion Summary: The Supreme Court granted a writ of prohibition sought to prevent the enforcement of an order of the circuit court that granted the motion filed by Respondents, the maternal grandparents of R.L., for the temporary…
Date: April 26, 2022
Docket Number: 21-1001
Justia Opinion Summary: The Supreme Court affirmed the rulings of the Public Service Commission of West Virginia's (PSC) final order and its order denying the City of Wheeling's (Wheeling) petition for reconsideration and motion to stay,…
Date: April 25, 2022
Docket Number: 20-0792
Date: April 25, 2022
Docket Number: 20-0792
Justia Opinion Summary: In this insurance dispute, the Supreme Court affirmed the orders of the circuit court granting partial summary judgment to Insured, denying summary judgment to Insurer, and awarding Insured her attorney's fees, holding…
Date: April 25, 2022
Docket Number: 21-0004
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court dismissing this complaint alleging violations of the West Virginia Human Rights Act (WVHRA), W. Va. Code 5-11-1 to -20, holding that Respondent was not…
Date: April 25, 2022
Docket Number: 21-0004
Date: April 25, 2022
Docket Number: 21-0228
Date: April 25, 2022
Docket Number: 21-0268
Date: April 22, 2022
Docket Number: 20-0325
Date: April 22, 2022
Docket Number: 21-0484
Justia Opinion Summary: The Supreme Court answered a question certified by the United States District Court for the Northern District of West Virginia seeking to clarify the application of the West Virginia Human Rights Act (WVHRA) when the…
Date: April 22, 2022
Docket Number: 21-0561
Justia Opinion Summary: The Supreme Court granted a writ of prohibition sought by Petitioner to prohibit certification of a class of individuals who received documents from Petitioner containing language that purportedly violated the West…
Date: April 22, 2022
Docket Number: 21-0561
Date: April 20, 2022
Docket Number: 19-1192
Date: April 20, 2022
Docket Number: 20-0411
Date: April 20, 2022
Docket Number: 21-0023
Date: April 20, 2022
Docket Number: 21-0026
Date: April 20, 2022
Docket Number: 21-0033
Date: April 20, 2022
Docket Number: 21-0041
Date: April 20, 2022
Docket Number: 21-0081
Date: April 20, 2022
Docket Number: 21-0094
Date: April 20, 2022
Docket Number: 21-0110
Date: April 20, 2022
Docket Number: 21-0120
Date: April 20, 2022
Docket Number: 21-0123
Date: April 20, 2022
Docket Numbers: 21-0124, 21-0119, 21-0121
Date: April 20, 2022
Docket Number: 21-0126
Date: April 20, 2022
Docket Number: 21-0151
Date: April 20, 2022
Docket Number: 21-0157
Date: April 20, 2022
Docket Number: 21-0321
Date: April 20, 2022
Docket Number: 21-0367
Date: April 20, 2022
Docket Number: 21-0443
Date: April 18, 2022
Docket Numbers: 20-0759, 20-0762
Justia Opinion Summary: The Supreme Court reversed the business court's orders in this rent dispute, holding that the business court erred in granting summary judgment to either party. American Bituminous Power Partners, LP (AMBIT) and Horizon…
Date: April 18, 2022
Docket Number: 21-0361
Date: April 15, 2022
Docket Number: 20-0225
Date: April 15, 2022
Docket Number: 20-0225
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court affirming the decision of the Office of Administrative Hearings (OAH) reinstating Respondent's driving privileges, holding that the OAH incorrectly reversed…
Date: April 15, 2022
Docket Number: 20-0325
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Petitioner's petition for expungement, holding that the circuit court did not err in ruling that the petition was barred by res judicata. In 1992,…
Date: April 15, 2022
Docket Number: 20-0690
Date: April 15, 2022
Docket Number: 21-0010
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court to the extent it granted summary judgment to James and Iris Shaffer in this real property dispute, holding that summary judgment was not proper in this…
Date: April 15, 2022
Docket Number: 21-0038
Date: April 15, 2022
Docket Number: 21-0038
Justia Opinion Summary: The Supreme Court affirmed the portion of the circuit court's order granting Respondent's motion to dismiss this Petitioners' claims asserting, inter alia, medical negligence, res ipsa loquitur, and loss of consortium,…
Date: April 15, 2022
Docket Number: 21-0763
Date: April 14, 2022
Docket Number: 20-0330
Date: April 14, 2022
Docket Number: 20-0845
Date: April 14, 2022
Docket Numbers: 20-0850, 20-0851
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting summary judgment in favor of Plaintiffs - Christine Brehm and Amber Hess - in these suits for declarations of coverage against Progressive Max…
Date: April 14, 2022
Docket Numbers: 20-0850, 20-0851
Date: April 14, 2022
Docket Number: 20-1039
Date: April 14, 2022
Docket Number: 21-0058
Date: April 14, 2022
Docket Number: 21-0162
Justia Opinion Summary: The Supreme Court reversed two of Defendant's convictions in this case arising from a fatal drug overdose and remanded the case to the circuit court to resentencing, holding that the convictions violated the…
Date: April 14, 2022
Docket Number: 21-0182
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