Supreme Court of Appeals of West Virginia Decisions 2018
Opinions 1 - 500 of 789
Date: November 21, 2018
Docket Number: 17-0030
Date: November 21, 2018
Docket Number: 17-0078
Date: November 21, 2018
Docket Numbers: 17-0168, 17-1069
Date: November 21, 2018
Docket Number: 17-0336
Date: November 21, 2018
Docket Number: 17-0397
Date: November 21, 2018
Docket Number: 17-0410
Date: November 21, 2018
Docket Number: 17-0661
Date: November 21, 2018
Docket Number: 17-0698
Date: November 21, 2018
Docket Number: 17-0905
Date: November 21, 2018
Docket Number: 17-0951
Date: November 21, 2018
Docket Number: 17-1111
Date: November 21, 2018
Docket Number: 18-0009
Date: November 21, 2018
Docket Number: 18-0017
Date: November 21, 2018
Docket Number: 18-0044
Date: November 21, 2018
Docket Number: 18-0055
Date: November 21, 2018
Docket Number: 18-0577
Date: November 21, 2018
Docket Number: 18-0632
Date: November 21, 2018
Docket Number: 18-0635
Date: November 21, 2018
Docket Number: 18-0658
Date: November 21, 2018
Docket Number: 18-0692
Date: November 21, 2018
Docket Number: 18-0757
Date: November 19, 2018
Docket Number: 17-0714
Date: November 19, 2018
Docket Number: 17-0755
Date: November 19, 2018
Docket Number: 17-1087
Date: November 19, 2018
Docket Number: 18-0374
Date: November 19, 2018
Docket Number: 18-0474
Date: November 19, 2018
Docket Number: 18-0501
Date: November 19, 2018
Docket Number: 18-0530
Date: November 19, 2018
Docket Number: 18-0536
Date: November 19, 2018
Docket Number: 18-0542
Date: November 19, 2018
Docket Number: 18-0580
Date: November 16, 2018
Docket Number: 17-0522
Date: November 16, 2018
Docket Number: 17-0537
Date: November 16, 2018
Docket Numbers: 17-0754, 17-0801
Date: November 16, 2018
Docket Number: 17-0863
Date: November 16, 2018
Docket Number: 17-0904
Date: November 16, 2018
Docket Number: 17-0908
Date: November 16, 2018
Docket Number: 17-0925
Date: November 16, 2018
Docket Number: 17-0943
Date: November 16, 2018
Docket Number: 17-0944
Date: November 16, 2018
Docket Number: 17-0985
Date: November 16, 2018
Docket Number: 17-0996
Date: November 16, 2018
Docket Number: 17-0997
Date: November 16, 2018
Docket Number: 17-1000
Date: November 16, 2018
Docket Number: 17-1033
Date: November 16, 2018
Docket Number: 17-1076
Date: November 16, 2018
Docket Number: 17-1084
Date: November 16, 2018
Docket Number: 17-1090
Date: November 16, 2018
Docket Number: 17-1096
Date: November 16, 2018
Docket Number: 18-0037
Date: November 16, 2018
Docket Number: 18-0071
Date: November 16, 2018
Docket Number: 18-0180
Date: November 16, 2018
Docket Number: 18-0374
Date: November 16, 2018
Docket Number: 18-0474
Date: November 16, 2018
Docket Number: 18-0542
Date: November 13, 2018
Docket Number: 18-0218
Justia Opinion Summary: The Supreme Court granted the writ of prohibition sought by Petitioner, the prosecuting attorney of Jackson County, to prohibit the Circuit Court of Jackson County from enforcing its order suppressing all evidence of…
Date: November 9, 2018
Docket Number: 17-0466
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court sentencing Defendant to a term of incarceration of one to three years for his conviction of threatening to commit a terrorist act, holding that there was no error…
Date: November 8, 2018
Docket Number: 17-0309
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court in this dispute between the Assessor of Monongalia County, Mark Musick, and University Park at Evansdale, LLC (UPE) regarding an assessment valuing UPE’s…
Date: November 5, 2018
Docket Numbers: 16-1009, 17-0020
Justia Opinion Summary: The Supreme Court affirmed Petitioner’s convictions of multiple felony counts of unlawful delivery of a controlled substance, holding that there was no merit to Petitioner’s assignments of error. On appeal, Petitioner…
Date: November 5, 2018
Docket Number: 17-0099
Date: November 5, 2018
Docket Number: 17-0395
Date: November 5, 2018
Docket Number: 17-0467
Date: November 5, 2018
Docket Number: 18-0280
Justia Opinion Summary: The Supreme Court affirmed the order of the West Virginia Public Service Commission (PSC) finding that it did not have statutory jurisdiction to consider Petitioner’s complaint challenging the Greater Harrison County…
Date: November 5, 2018
Docket Number: 18-0457
Date: November 2, 2018
Docket Number: 17-0607
Date: November 2, 2018
Docket Number: 17-0618
Justia Opinion Summary: The Supreme Court reversed the circuit court’s denial of Petitioner’s petition for writ of prohibition seeking to prohibit the municipal court's prosecution of him, holding that the prosecution of Petitioner pursuant to…
Date: November 2, 2018
Docket Number: 17-0765
Date: November 2, 2018
Docket Numbers: 17-1060, 17-1061, 17-1063, 17-1123
Date: November 2, 2018
Docket Numbers: 17-1060, 17-1061, 17-1063, 17-1123
Justia Opinion Summary: The Supreme Court affirmed the decisions of the Board of Review in these consolidated workers’ compensation cases, holding that the four claimants’ applications for occupational pneumoconiosis (OP) benefits were properly…
Date: November 2, 2018
Docket Number: 18-0303
Date: November 2, 2018
Docket Number: 18-0358
Date: November 2, 2018
Docket Number: 18-0369
Date: November 2, 2018
Docket Number: 18-0376
Date: November 2, 2018
Docket Number: 18-0378
Date: November 2, 2018
Docket Number: 18-0379
Date: November 2, 2018
Docket Number: 18-0392
Date: November 2, 2018
Docket Number: 18-0393
Date: November 2, 2018
Docket Number: 18-0394
Date: November 2, 2018
Docket Number: 18-0395
Date: November 2, 2018
Docket Number: 18-0403
Date: November 2, 2018
Docket Number: 18-0405
Date: November 2, 2018
Docket Number: 18-0432
Date: November 2, 2018
Docket Number: 18-0436
Date: November 2, 2018
Docket Number: 18-0439
Date: November 2, 2018
Docket Number: 18-0440
Date: November 2, 2018
Docket Number: 18-0447
Date: November 2, 2018
Docket Number: 18-0466
Date: November 2, 2018
Docket Number: 18-0467
Date: November 2, 2018
Docket Number: 18-0468
Date: November 2, 2018
Docket Number: 18-0469
Date: November 2, 2018
Docket Number: 18-0470
Date: November 2, 2018
Docket Number: 18-0471
Date: November 2, 2018
Docket Number: 18-0472
Date: November 2, 2018
Docket Number: 18-0473
Date: November 2, 2018
Docket Number: 18-0486
Date: November 2, 2018
Docket Number: 18-0487
Date: November 2, 2018
Docket Number: 18-0538
Date: November 2, 2018
Docket Number: 18-0540
Date: November 2, 2018
Docket Number: 18-0572
Date: November 2, 2018
Docket Number: 18-0659
Justia Opinion Summary: The Supreme Court affirmed the order of the Public Service Commission finding that the Jefferson County Public Service District may “indefinitely delay” a project to upgrade its sewer service, holding that the Commission…
Date: November 1, 2018
Docket Number: 18-0249
Date: October 26, 2018
Docket Number: 17-0615
Date: October 19, 2018
Docket Number: 17-0611
Date: October 19, 2018
Docket Number: 17-0837
Date: October 19, 2018
Docket Number: 17-0962
Date: October 19, 2018
Docket Number: 17-0998
Date: October 19, 2018
Docket Number: 17-1008
Date: October 19, 2018
Docket Number: 17-1024
Date: October 19, 2018
Docket Number: 17-1049
Date: October 19, 2018
Docket Number: 17-1068
Date: October 19, 2018
Docket Number: 17-1133
Date: October 19, 2018
Docket Number: 18-0326
Date: October 19, 2018
Docket Number: 18-0361
Date: October 19, 2018
Docket Number: 18-0414
Date: October 19, 2018
Docket Number: 18-0415
Date: October 19, 2018
Docket Number: 18-0416
Date: October 19, 2018
Docket Number: 18-0444
Date: October 15, 2018
Docket Number: 17-0216
Date: October 15, 2018
Docket Number: 17-0535
Date: October 12, 2018
Docket Number: 17-0229
Date: October 12, 2018
Docket Number: 17-0526
Date: October 12, 2018
Docket Number: 17-0610
Date: October 12, 2018
Docket Number: 17-0632
Date: October 12, 2018
Docket Number: 17-0667
Date: October 12, 2018
Docket Number: 17-0689
Date: October 12, 2018
Docket Number: 17-0757
Date: October 12, 2018
Docket Number: 17-0766
Date: October 12, 2018
Docket Number: 17-0792
Date: October 12, 2018
Docket Number: 17-0797
Date: October 12, 2018
Docket Number: 17-0798
Date: October 12, 2018
Docket Number: 17-0802
Date: October 12, 2018
Docket Number: 17-0854
Date: October 12, 2018
Docket Number: 17-0911
Date: October 12, 2018
Docket Number: 17-0912
Date: October 12, 2018
Docket Number: 17-0921
Date: October 12, 2018
Docket Number: 17-0981
Date: October 12, 2018
Docket Number: 17-0999
Date: October 12, 2018
Docket Number: 17-1131
Date: October 12, 2018
Docket Number: 18-0199
Date: October 12, 2018
Docket Number: 18-0234
Date: October 12, 2018
Docket Number: 18-0314
Date: October 11, 2018
Docket Number: 18-0816
Justia Opinion Summary: The Supreme Court granted the writ of prohibition sought by Petitioner, the Honorable Margaret L. Workman, Chief Justice of the Supreme Court of Appeals of West Virginia, and halted the impeachment proceedings against…
Date: October 11, 2018
Docket Number: 18-0816
Date: October 10, 2018
Docket Number: 17-0556
Date: October 10, 2018
Docket Number: 17-0629
Date: October 10, 2018
Docket Number: 17-0728
Date: October 10, 2018
Docket Number: 17-0763
Date: October 10, 2018
Docket Number: 17-0788
Date: October 10, 2018
Docket Number: 17-0988
Date: October 5, 2018
Docket Number: 18-0712
Justia Opinion Summary: The Supreme Court denied the writ sought by Petitioners requesting the issuance of a writ of mandamus directing Respondent, the West Virginia Secretary of State, to list Donald Blankenship as a candidate for the United…
Date: August 29, 2018
Docket Number: 18-0712
Date: July 20, 2018
Docket Number: 18-0120
Date: July 20, 2018
Docket Number: 18-0188
Date: July 20, 2018
Docket Number: 18-0201
Date: July 20, 2018
Docket Number: 18-0269
Date: July 20, 2018
Docket Number: 18-0276
Date: July 20, 2018
Docket Number: 18-0277
Date: July 20, 2018
Docket Number: 18-0278
Date: July 20, 2018
Docket Number: 18-0279
Date: July 20, 2018
Docket Number: 18-0299
Date: July 20, 2018
Docket Number: 18-0320
Date: July 20, 2018
Docket Number: 18-0347
Date: July 6, 2018
Docket Number: 18-0485
Justia Opinion Summary: The Supreme Court granted the writ of prohibition sought by Foster Parents and remanded this case with directions to the circuit court to vacate its order granting Biological Parents post-dispositional improvement…
Date: June 29, 2018
Docket Number: 17-0048
Date: June 29, 2018
Docket Number: 17-0116
Date: June 29, 2018
Docket Number: 17-0491
Date: June 29, 2018
Docket Number: 17-0546
Date: June 29, 2018
Docket Number: 17-0643
Date: June 29, 2018
Docket Number: 17-0668
Date: June 21, 2018
Docket Number: 18-0489
Date: June 18, 2018
Docket Number: 17-0365
Date: June 15, 2018
Docket Number: 17-0155
Date: June 15, 2018
Docket Number: 17-0170
Date: June 15, 2018
Docket Number: 17-0365
Date: June 15, 2018
Docket Number: 17-0418
Date: June 15, 2018
Docket Number: 17-0555
Date: June 15, 2018
Docket Number: 17-0588
Date: June 15, 2018
Docket Number: 17-0624
Date: June 15, 2018
Docket Number: 17-0677
Date: June 15, 2018
Docket Number: 17-0711
Date: June 15, 2018
Docket Number: 17-0712
Date: June 15, 2018
Docket Number: 17-0732
Date: June 15, 2018
Docket Number: 17-0858
Date: June 15, 2018
Docket Number: 18-0148
Date: June 15, 2018
Docket Number: 18-0170
Date: June 12, 2018
Docket Number: 17-0086
Justia Opinion Summary: In this property dispute, the Supreme Court reversed the order of the circuit court setting aside the jury’s verdict in favor of Defendants for insufficient evidence and granting Plaintiff a new trial, holding that the…
Date: June 11, 2018
Docket Number: 17-0391
Date: June 11, 2018
Docket Number: 17-0402
Date: June 11, 2018
Docket Number: 17-0487
Date: June 11, 2018
Docket Number: 17-0488
Date: June 11, 2018
Docket Number: 17-0606
Date: June 11, 2018
Docket Number: 17-0723
Date: June 11, 2018
Docket Number: 18-0090
Date: June 11, 2018
Docket Number: 18-0096
Date: June 11, 2018
Docket Number: 18-0115
Date: June 8, 2018
Docket Number: 15-1099
Date: June 8, 2018
Docket Number: 16-1095
Date: June 8, 2018
Docket Number: 17-0014
Date: June 8, 2018
Docket Number: 17-0084
Date: June 8, 2018
Docket Number: 17-0568
Date: June 8, 2018
Docket Number: 17-0832
Date: June 8, 2018
Docket Number: 17-0833
Date: June 6, 2018
Docket Number: 17-0485
Justia Opinion Summary: The Supreme Court reversed the circuit court’s dismissal of Plaintiff’s complaint claiming wrongful discharge against the Wetzel County Commission and the Wetzel County Assessor on the basis that the Assessor was…
Date: June 6, 2018
Docket Number: 17-0864
Justia Opinion Summary: The Supreme Court reversed the decision of the Workers’ Compensation Board of Review concluding that Employer could reclaim temporary total disability benefits it paid to a claimant for an extra 156 days beyond the date…
Date: June 5, 2018
Docket Numbers: 15-0589, 16-0992, 17-0502
Date: June 5, 2018
Docket Number: 16-0869
Date: June 5, 2018
Docket Number: 16-0869
Date: June 5, 2018
Docket Number: 17-0486
Date: June 5, 2018
Docket Number: 17-0486
Justia Opinion Summary: In this long-running contractual dispute between Petitioners, the West Virginia Investment Management Board (IMB) and the West Virginia Consolidated Public Retirement Board (CPRB) and Respondent, The Variable Annuity…
Date: June 5, 2018
Docket Number: 17-0671
Date: June 4, 2018
Docket Number: 17-0989
Justia Opinion Summary: At issue in this proceeding was whether, when an infant who is born alive but dies during the pendency of an abuse and neglect proceeding and the infant is the only child in the home, the matter may proceed to an…
Date: June 4, 2018
Docket Number: 17-0993
Justia Opinion Summary: Workers’ compensation dependents’ death benefits awarded under West Virginia law are payable as long as the benefits awarded under the laws of another state for the same injury remain suspended due to a related…
Date: June 4, 2018
Docket Number: 18-0034
Date: June 1, 2018
Docket Number: 17-0208
Justia Opinion Summary: The State breached its plea agreement with Petitioner by failing to remain silent at sentencing. Pursuant to the plea agreement, the State agreed to remain silent at sentencing. During the sentencing hearing, however,…
Date: May 31, 2018
Docket Number: 17-0643
Date: May 31, 2018
Docket Number: 17-0643
Justia Opinion Summary: A hospital’s compliance with the Medical Records Act (Act), W. Va. Code 57-5-4a to -4j, and the Health Insurance Portability and Accountability Act (HIPAA) when responding to a subpoena for a patient’s records does not…
Date: May 31, 2018
Docket Numbers: 17-0662, 17-0942
Date: May 30, 2018
Docket Number: 17-0096
Date: May 30, 2018
Docket Number: 17-0096
Justia Opinion Summary: A durable power of attorney (DPOA) provided an adult daughter with the authority to enter into an arbitration agreement with a nursing home on her mother’s behalf. Lena Nelson executed a DPOA that named her son as her…
Date: May 30, 2018
Docket Number: 17-0152
Justia Opinion Summary: The Supreme Court upheld the Workers’ Compensation Board of Review’s finding that, based on the preponderance of the evidence, Jimmie Lemon’s injury was work related. Jimmie Lemon filed a workers’ compensation claim…
Date: May 30, 2018
Docket Number: 18-0208
Justia Opinion Summary: The Supreme Court granted the writ of prohibition sought by Petitioners, the foster and designated preadoptive parents of the minor child T.C., to prevent the enforcement of an order of the circuit court granting…
Date: May 29, 2018
Docket Number: 18-0111
Date: May 29, 2018
Docket Number: 18-0165
Date: May 29, 2018
Docket Number: 18-0172
Date: May 29, 2018
Docket Number: 18-0178
Date: May 29, 2018
Docket Number: 18-0186
Date: May 29, 2018
Docket Number: 18-0197
Date: May 29, 2018
Docket Number: 18-0217
Date: May 25, 2018
Docket Number: 14-1339
Date: May 25, 2018
Docket Number: 14-1339
Justia Opinion Summary: The Supreme Court affirmed the ruling of the circuit court denying Petitioners’ motion for leave to file a second amended complaint and dismissing their pending amended complaint, holding that the circuit court did not…
Date: May 22, 2018
Docket Numbers: 17-0432, 17-0325
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court granting summary judgment to Mike Ross, Inc. (MRI) on the grounds that Petitioners’ claims were barred by the three-year statute of limitation set forth in W. Va.…
Date: May 21, 2018
Docket Number: 17-1016
Date: May 21, 2018
Docket Number: 17-1052
Date: May 21, 2018
Docket Number: 18-0005
Date: May 21, 2018
Docket Number: 18-0010
Date: May 21, 2018
Docket Number: 18-0011
Date: May 21, 2018
Docket Number: 18-0013
Date: May 21, 2018
Docket Number: 18-0024
Date: May 21, 2018
Docket Number: 18-0056
Date: May 21, 2018
Docket Number: 18-0057
Date: May 21, 2018
Docket Number: 18-0058
Date: May 21, 2018
Docket Number: 18-0079
Date: May 21, 2018
Docket Number: 18-0080
Date: May 21, 2018
Docket Number: 18-0081
Date: May 21, 2018
Docket Number: 18-0108
Date: May 18, 2018
Docket Number: 16-0559
Date: May 18, 2018
Docket Number: 16-1192
Date: May 18, 2018
Docket Number: 17-0230
Date: May 18, 2018
Docket Number: 17-0415
Date: May 18, 2018
Docket Number: 17-0539
Date: May 18, 2018
Docket Number: 18-0034
Date: May 18, 2018
Docket Number: 18-0034
Justia Opinion Summary: The Supreme Court denied the writ of prohibition sought by Scott Smith, Prosecuting Attorney for Ohio County, against the Honorable David J. Sims, Judge of the Circuit Court of Ohio County, seeking to prevent the trial…
Date: May 17, 2018
Docket Number: 17-0227
Justia Opinion Summary: The circuit court erred in admitting evidence seized as the result of an unlawful, warrantless search, a search that failed to satisfy any of the exceptions to the warrant requirement. Petitioner was convicted and…
Date: May 17, 2018
Docket Number: 17-0493
Date: May 17, 2018
Docket Number: 17-0749
Date: May 15, 2018
Docket Number: 17-0282
Justia Opinion Summary: The Supreme Court affirmed the order of the Mass Litigation Panel through which summary judgment was granted in favor of Defendants, Pfizer, Inc., Roerig, a division of Pfizer, Inc., and Greenstone, LLC (collectively,…
Date: May 14, 2018
Docket Number: 16-1082
Date: May 14, 2018
Docket Number: 17-0179
Date: May 14, 2018
Docket Number: 17-0210
Date: May 14, 2018
Docket Number: 17-0281
Date: May 14, 2018
Docket Number: 17-0339
Date: May 14, 2018
Docket Number: 17-0353
Date: May 14, 2018
Docket Number: 17-0398
Date: May 14, 2018
Docket Number: 17-0408
Date: May 14, 2018
Docket Number: 17-0420
Date: May 14, 2018
Docket Number: 17-0430
Date: May 14, 2018
Docket Number: 17-0557
Date: May 14, 2018
Docket Number: 17-0558
Date: May 14, 2018
Docket Number: 17-0564
Date: May 14, 2018
Docket Number: 17-0587
Date: May 14, 2018
Docket Number: 17-0886
Date: May 14, 2018
Docket Number: 17-1130
Date: May 14, 2018
Docket Number: 18-0030
Date: May 11, 2018
Docket Number: 17-0083
Date: May 11, 2018
Docket Number: 17-0101
Date: May 11, 2018
Docket Number: 17-0172
Date: May 11, 2018
Docket Number: 17-0279
Date: May 11, 2018
Docket Number: 17-0310
Date: May 11, 2018
Docket Number: 17-0409
Date: May 11, 2018
Docket Number: 17-0451
Date: May 11, 2018
Docket Number: 17-0452
Date: May 11, 2018
Docket Number: 17-0452
Justia Opinion Summary: The biological child of a deceased parent whose parental rights were either voluntarily relinquished or involuntarily terminated prior to the parent’s death does not meet the statutory definition of a descendant of the…
Date: May 11, 2018
Docket Number: 17-0453
Date: May 11, 2018
Docket Number: 17-0473
Date: May 11, 2018
Docket Number: 17-0478
Date: May 11, 2018
Docket Number: 17-0519
Date: May 11, 2018
Docket Number: 17-0519
Justia Opinion Summary: There is no cause of action in West Virginia for failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer. Petitioners, Kimmy and…
Date: May 11, 2018
Docket Number: 17-0527
Date: May 11, 2018
Docket Number: 17-0737
Date: May 10, 2018
Docket Number: 17-0692
Justia Opinion Summary: The Supreme Court vacated for want of subject-matter jurisdiction a family court order granting permanent guardianship of three children to their maternal grandparents. This case was originally removed to family court…
Date: May 9, 2018
Docket Number: 17-0357
Date: May 9, 2018
Docket Number: 17-0591
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court dismissing Plaintiff’s complaint against Defendants, the Town of Grantsville and its police chief, holding that the claims set forth in the complaint were barred…
Date: May 9, 2018
Docket Number: 17-0616
Date: May 7, 2018
Docket Number: 17-0672
Date: May 7, 2018
Docket Number: 17-0722
Date: May 7, 2018
Docket Number: 17-0806
Date: May 7, 2018
Docket Number: 17-0895
Date: May 7, 2018
Docket Number: 17-0915
Date: May 7, 2018
Docket Number: 17-0974
Date: May 7, 2018
Docket Number: 17-1017
Date: May 7, 2018
Docket Number: 17-1057
Date: May 7, 2018
Docket Number: 17-1095
Date: May 7, 2018
Docket Number: 17-1103
Date: May 7, 2018
Docket Number: 17-1104
Date: May 7, 2018
Docket Number: 17-1105
Date: May 7, 2018
Docket Number: 17-1118
Date: May 7, 2018
Docket Number: 17-1119
Date: May 7, 2018
Docket Number: 17-1120
Date: May 7, 2018
Docket Number: 17-1140
Date: May 1, 2018
Docket Number: 17-0437
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