Supreme Court of Appeals of West Virginia Decisions 2019
Opinions 1 - 500 of 604
Date: December 20, 2019
Docket Number: 17-0068
Date: December 20, 2019
Docket Number: 18-0097
Date: December 20, 2019
Docket Number: 18-0102
Date: December 20, 2019
Docket Number: 18-0128
Date: December 20, 2019
Docket Number: 18-0317
Date: December 20, 2019
Docket Number: 18-0404
Date: December 20, 2019
Docket Number: 18-0554
Date: December 20, 2019
Docket Number: 18-0612
Date: December 20, 2019
Docket Number: 18-0651
Date: December 20, 2019
Docket Number: 18-0750
Date: December 20, 2019
Docket Number: 18-0833
Date: December 20, 2019
Docket Number: 18-0953
Date: December 20, 2019
Docket Number: 19-0030
Date: December 16, 2019
Docket Number: 18-1112
Date: December 6, 2019
Docket Number: 18-0678
Date: December 6, 2019
Docket Number: 19-0034
Date: December 6, 2019
Docket Number: 19-0049
Date: December 6, 2019
Docket Number: 19-0059
Date: December 6, 2019
Docket Number: 19-0089
Date: December 6, 2019
Docket Number: 19-0155
Date: December 6, 2019
Docket Number: 19-0158
Date: December 6, 2019
Docket Number: 19-0161
Date: November 22, 2019
Docket Number: 18-0141
Date: November 22, 2019
Docket Number: 18-0141
Justia Opinion Summary: The Supreme Court reversed Defendant's recidivist life sentence imposed in connection with Defendant's conviction of second offense failure to register as a sex offender, holding that Defendant's recidivist life…
Date: November 22, 2019
Docket Number: 18-0356
Justia Opinion Summary: The Supreme Court denied Petitioner's requested writ of certiorari to vacate an opinion issued by the West Virginia Legislative Claims Commission, holding that the opinion of the Claims Commission was not reviewable by…
Date: November 22, 2019
Docket Number: 18-0480
Justia Opinion Summary: The Supreme Court reversed the final order of the circuit court denying Petitioner's petition for expungement of her felony charge, holding that Petitioner was entitled to mandatory expungement of her felony record under…
Date: November 22, 2019
Docket Number: 18-0705
Date: November 22, 2019
Docket Number: 18-0804
Justia Opinion Summary: The Supreme Court vacated the order of the family court granting Grandmother permanent guardianship of B.A., holding that the family court lacked jurisdiction to hear this case. Grandmother filed a motion for emergency…
Date: November 22, 2019
Docket Number: 18-1112
Justia Opinion Summary: The Supreme Court answered a question certified by the federal district court by concluding that the term "person" as used in the wrongful death statute, W. Va. Code 55-7-5 and 55-7-6, does not include an ectopic embryo…
Date: November 22, 2019
Docket Number: 19-0317
Date: November 22, 2019
Docket Number: 19-0317
Justia Opinion Summary: The Supreme Court answered in the negative a question certified by the federal district court by concluding that W. Va. Code 61-3-24 does not constitute a substantial public policy of the State of West Virginia that…
Date: November 22, 2019
Docket Number: 19-0595
Justia Opinion Summary: The Supreme Court denied the writ of prohibition sought by the West Virginia Regional Jail Authority (WVRJA) seeking to have the Court prohibit the circuit court from enforcing its order denying the WVRJA's motion to…
Date: November 21, 2019
Docket Number: 17-1045
Date: November 21, 2019
Docket Number: 17-1045
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Petitioner relief on his second petition for writ of habeas corpus, holding that Petitioner was not entitled to relief on his three arguments on…
Date: November 21, 2019
Docket Number: 18-0429
Date: November 21, 2019
Docket Number: 18-0438
Date: November 21, 2019
Docket Number: 19-0073
Justia Opinion Summary: The Supreme Court in this case considered two certified questions regarding West Virginia's kidnapping statute, W. Va. Code 61-2-14a. Defendant was indicted for kidnapping. During pretrial proceedings, the parties…
Date: November 21, 2019
Docket Number: 19-0331
Justia Opinion Summary: The Supreme Court granted a writ of prohibition requested by Petitioners, West Virginia Department of Health and Human Resources (DHHR) and guardian ad litem of six minor children, seeking to prohibit the circuit court…
Date: November 21, 2019
Docket Number: 18-0429
Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court reversing the decision of the state agency that oversees law-enforcement training refusing a state university's application seeking authorization to establish…
Date: November 20, 2019
Docket Number: 18-0293
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting summary judgment in favor of the West Virginia Department of Education and the Arts (WVDEA) on Petitioner's claims brought under the West Virginia…
Date: November 20, 2019
Docket Number: 18-0972
Justia Opinion Summary: The Supreme Court vacated the orders of the family court appointing Great-Grandparents as guardians of Child and the circuit court's order affirming the family court, holding that the family court had no jurisdiction to…
Date: November 20, 2019
Docket Number: 18-1077
Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court denying Mother's appeal of an order of the family court rejecting Mother's request for Father's custodial time to be supervised and allocating income tax…
Date: November 20, 2019
Docket Number: 19-0436
Justia Opinion Summary: The Supreme Court affirmed the order of the Public Service Commission of West Virginia (PSC) finding that Trulargo, LLC had been unlawfully operating as a common carrier by motor vehicle and requiring it to cease such…
Date: November 20, 2019
Docket Number: 19-0448
Date: November 20, 2019
Docket Number: 19-0532
Justia Opinion Summary: The Supreme Court denied the writ sought by the State Treasurer prohibiting the State Auditor from processing payments to senior-status judges that exceed the per diem rate allowed in W. Va. Code 51-9-10, holding that…
Date: November 19, 2019
Docket Number: 18-0384
Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court refusing to enforce an arbitration agreement, holding that individuals may agree to arbitrate a dispute regarding a cloud on the title to real…
Date: November 19, 2019
Docket Number: 18-0408
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court insofar as it denied summary judgment to Beth Thompson on Joseph Whitt's intentional infliction of emotional distress and false imprisonment claims, holding that…
Date: November 19, 2019
Docket Number: 18-0411
Justia Opinion Summary: The Supreme Court reversed the circuit court's final order finding that Kenneth and Aimee Bragg had met every element of their adverse possession claim as a matter of law, despite questions of fact pertaining to…
Date: November 19, 2019
Docket Number: 18-0517
Justia Opinion Summary: The Supreme Court affirmed the trial court's judgment ruling that Lawrence Pifer and Michael Pifer were entitled to damages related to condemnation blight and the jury's award of damages for condemnation blight but…
Date: November 19, 2019
Docket Number: 18-0653
Date: November 19, 2019
Docket Number: 18-0653
Justia Opinion Summary: The Supreme Court affirmed the final order of the circuit court determining that Plaintiff's complaint filed against Defendants alleging wrongful discharge in contravention of substantial public policy failed to state a…
Date: November 19, 2019
Docket Number: 18-0764
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court affirming the order of the family court granting Grandparents' petition for visitation over the objection of Mother, holding that Mother's arguments could not…
Date: November 19, 2019
Docket Number: 18-0821
Date: November 19, 2019
Docket Number: 18-0875
Justia Opinion Summary: The Supreme Court reversed in part the circuit court's decision affirming the order of the family court in this divorce proceeding, holding that under the provisions of W. Va. Code § 43- 1-2(a)–(e), where a spouse…
Date: November 19, 2019
Docket Number: 19-0450
Justia Opinion Summary: The Supreme Court answered a question certified to it by a federal district court regarding W. Va. Code 31E-3-304(b)(2), holding that beyond the derivative suit mentioned in the statute, a member of a nonprofit…
Date: November 18, 2019
Docket Number: 18-0167
Justia Opinion Summary: The Supreme Court reversed the final order of the circuit court granting scheduled visitation with C.B., who was adopted by Petitioners when he was five years old, to Respondents, with whom C.B. lived before the adoption…
Date: November 15, 2019
Docket Number: 18-0510
Date: November 15, 2019
Docket Number: 18-0602
Date: November 15, 2019
Docket Number: 18-0679
Date: November 15, 2019
Docket Number: 18-0688
Date: November 15, 2019
Docket Number: 18-0701
Date: November 15, 2019
Docket Number: 18-0729
Date: November 15, 2019
Docket Number: 18-0968
Date: November 15, 2019
Docket Number: 18-0993
Date: November 15, 2019
Docket Number: 18-0996
Date: November 15, 2019
Docket Number: 18-1007
Date: November 15, 2019
Docket Number: 18-1016
Date: November 15, 2019
Docket Number: 18-1020
Date: November 15, 2019
Docket Number: 18-1023
Date: November 15, 2019
Docket Number: 18-1030
Date: November 15, 2019
Docket Number: 18-1078
Date: November 15, 2019
Docket Number: 18-1121
Date: November 15, 2019
Docket Number: 18-1123
Date: November 15, 2019
Docket Number: 19-0002
Date: November 15, 2019
Docket Number: 19-0013
Date: November 15, 2019
Docket Number: 19-0023
Date: November 14, 2019
Docket Number: 19-0415
Date: November 14, 2019
Docket Number: 19-0415
Justia Opinion Summary: The Supreme Court granted in part and denied in part a writ of prohibition sought by Defendants challenging the circuit court's denial of Defendants' motion to dismiss Plaintiff's complaint, holding that the circuit…
Date: November 13, 2019
Docket Number: 18-0626
Date: November 13, 2019
Docket Number: 18-0729
Date: November 12, 2019
Docket Number: 18-0211
Date: November 12, 2019
Docket Number: 18-0211
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Defendants and dismissing Plaintiff's claims, holding that the circuit court did not err in finding that Defendants were…
Date: November 12, 2019
Docket Number: 18-0375
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court dismissing Plaintiff's claims against a sheriff's deputy, a county, and its sheriff's department alleging that his earlier arrest violated his constitutional…
Date: November 12, 2019
Docket Number: 18-1071
Justia Opinion Summary: The Supreme Court granted the writ of prohibition sought by PrimeCare Medical of West Virginia, Inc. (PrimeCare) to dismiss the Estate of Cody Lawrence Grove's (the Estate) claims against PrimeCare for lack of subject…
Date: November 8, 2019
Docket Number: 18-0001
Date: November 8, 2019
Docket Number: 18-0164
Date: November 8, 2019
Docket Number: 18-0206
Date: November 8, 2019
Docket Number: 18-0304
Date: November 8, 2019
Docket Number: 18-0312
Date: November 8, 2019
Docket Number: 18-0380
Date: November 8, 2019
Docket Number: 18-0387
Date: November 8, 2019
Docket Number: 18-0441
Date: November 8, 2019
Docket Number: 18-0449
Date: November 8, 2019
Docket Number: 18-0459
Date: November 8, 2019
Docket Number: 18-0460
Date: November 8, 2019
Docket Number: 18-0464
Justia Opinion Summary: In this medical malpractice action the Supreme Court affirmed the order of the circuit court granting summary judgment to Defendant and finding that Defendant did not have a duty to provide follow-up medical care after…
Date: November 8, 2019
Docket Number: 18-0519
Date: November 8, 2019
Docket Number: 18-0550
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Petitioner's renewed motion for summary judgment and granting declaratory relief, holding that judicial estoppel applied to this appeal. Robert May…
Date: November 8, 2019
Docket Number: 18-0568
Date: November 8, 2019
Docket Number: 18-0576
Date: November 8, 2019
Docket Number: 18-0607
Date: November 8, 2019
Docket Number: 18-0715
Date: November 8, 2019
Docket Number: 18-0715
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court affirming a decision by the West Virginia Board of Medicine that imposed professional discipline upon Dr. Omar Hasan, including a one-year suspension of his…
Date: November 8, 2019
Docket Number: 19-0246
Date: November 8, 2019
Docket Number: 19-0376
Date: November 8, 2019
Docket Number: 19-0423
Date: November 7, 2019
Docket Number: 18-0302
Date: November 7, 2019
Docket Numbers: 18-0842, 18-0849, 18-0850, 18-0854
Justia Opinion Summary: In this abuse and neglect case the Supreme Court affirmed in part and reversed in part the circuit court's dispositional order placing three children in the legal and physical custody of the West Virginia Department of…
Date: November 5, 2019
Docket Number: 19-0065
Date: November 5, 2019
Docket Number: 19-0404
Justia Opinion Summary: The Supreme Court granted the writ of prohibition requested by Petitioner, Municipal Water Works, to challenge a circuit court order granting Respondents' motion for class certification, holding that the order granting…
Date: November 4, 2019
Docket Number: 18-0427
Date: November 4, 2019
Docket Number: 18-0442
Date: November 4, 2019
Docket Number: 18-0515
Date: November 4, 2019
Docket Numbers: 18-0522, 18-0937
Date: November 4, 2019
Docket Number: 18-0711
Date: November 4, 2019
Docket Number: 18-0755
Date: November 4, 2019
Docket Number: 18-0762
Date: November 4, 2019
Docket Number: 18-0817
Date: November 4, 2019
Docket Number: 18-0834
Date: November 4, 2019
Docket Number: 18-0870
Date: November 4, 2019
Docket Number: 19-0044
Date: November 4, 2019
Docket Number: 19-0068
Justia Opinion Summary: In this abuse and neglect proceeding the Supreme Court reversed the dispositional order of the circuit court giving primary custody of two children to Father following his successful completion of an improvement period,…
Date: November 1, 2019
Docket Number: 18-0669
Date: November 1, 2019
Docket Number: 18-0763
Date: November 1, 2019
Docket Number: 18-0824
Date: November 1, 2019
Docket Number: 18-0924
Date: November 1, 2019
Docket Number: 18-0928
Date: November 1, 2019
Docket Number: 18-0942
Date: November 1, 2019
Docket Number: 18-0947
Date: November 1, 2019
Docket Number: 18-0998
Date: November 1, 2019
Docket Number: 18-1010
Date: November 1, 2019
Docket Number: 18-1017
Date: November 1, 2019
Docket Number: 18-1019
Date: November 1, 2019
Docket Number: 19-0222
Date: October 24, 2019
Docket Number: 18-0617
Date: October 21, 2019
Docket Number: 18-0702
Justia Opinion Summary: The Supreme Court vacated the order of the circuit court granting Plaintiff's writ of prohibition to stay further hearing on the revocation of his driver's license, holding that the circuit court lacked subject matter…
Date: October 18, 2019
Docket Number: 18-0349
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court convicting Petitioner of six counts of sexual assault in the second degree, seven counts of sexual abuse by a custodian, and one count of sexual abuse in the…
Date: October 18, 2019
Docket Number: 18-0642
Date: October 18, 2019
Docket Numbers: 18-1082, 18-1084
Justia Opinion Summary: In this termination of parental rights proceeding the Supreme Court vacated the verbal ruling of the circuit court regarding Parents' rights to A.A. and affirmed the portions of the court's order terminating the parental…
Date: October 18, 2019
Docket Number: 19-0149
Date: October 18, 2019
Docket Number: 19-0404
Justia Opinion Summary: The Supreme Court granted a writ of prohibition sought by Municipal Water Works to challenge an order issued by the circuit court granting Plaintiffs' motion for class certification, holding that the circuit court failed…
Date: October 11, 2019
Docket Number: 18-0622
Date: October 11, 2019
Docket Number: 18-0714
Date: October 11, 2019
Docket Number: 18-0814
Date: October 11, 2019
Docket Number: 18-0903
Date: October 11, 2019
Docket Number: 18-0904
Date: October 11, 2019
Docket Number: 18-0905
Date: October 11, 2019
Docket Number: 18-0920
Date: October 11, 2019
Docket Number: 18-0931
Date: October 11, 2019
Docket Number: 18-0944
Date: October 11, 2019
Docket Number: 18-0957
Date: October 11, 2019
Docket Number: 18-0971
Date: October 11, 2019
Docket Number: 18-0992
Date: October 11, 2019
Docket Number: 18-1002
Date: October 11, 2019
Docket Number: 18-1037
Date: October 11, 2019
Docket Number: 18-1040
Date: October 11, 2019
Docket Number: 18-1042
Date: October 11, 2019
Docket Number: 18-1055
Date: September 13, 2019
Docket Number: 17-0361
Date: September 13, 2019
Docket Number: 18-0142
Date: September 13, 2019
Docket Number: 18-0166
Date: September 13, 2019
Docket Number: 18-0289
Date: September 13, 2019
Docket Number: 18-0318
Date: September 13, 2019
Docket Number: 18-0343
Date: September 13, 2019
Docket Number: 18-0345
Date: September 13, 2019
Docket Number: 18-0410
Date: September 13, 2019
Docket Number: 18-0458
Date: September 13, 2019
Docket Number: 18-0523
Date: September 13, 2019
Docket Number: 18-0648
Date: September 13, 2019
Docket Number: 18-0738
Date: September 13, 2019
Docket Number: 18-0739
Date: September 13, 2019
Docket Number: 18-0766
Date: September 13, 2019
Docket Number: 18-0767
Date: September 13, 2019
Docket Number: 18-0801
Date: September 13, 2019
Docket Number: 18-0802
Date: September 13, 2019
Docket Number: 18-0805
Date: September 13, 2019
Docket Number: 18-0806
Date: September 13, 2019
Docket Number: 18-0807
Date: September 13, 2019
Docket Number: 18-0868
Date: September 13, 2019
Docket Number: 18-0890
Date: September 13, 2019
Docket Number: 18-0896
Date: September 13, 2019
Docket Number: 18-0912
Date: September 13, 2019
Docket Number: 18-0922
Date: September 13, 2019
Docket Number: 18-0934
Date: September 13, 2019
Docket Number: 18-0939
Date: September 13, 2019
Docket Number: 19-0236
Date: September 13, 2019
Docket Number: 19-0242
Date: September 13, 2019
Docket Number: 19-0260
Date: September 9, 2019
Docket Number: 17-1034
Date: September 9, 2019
Docket Number: 17-1146
Date: September 9, 2019
Docket Number: 18-0212
Date: September 9, 2019
Docket Number: 18-0342
Date: September 9, 2019
Docket Number: 18-0478
Date: September 9, 2019
Docket Number: 18-0497
Date: September 9, 2019
Docket Number: 18-0514
Date: September 9, 2019
Docket Number: 18-0551
Date: September 9, 2019
Docket Number: 18-0598
Date: September 9, 2019
Docket Number: 18-0637
Date: September 9, 2019
Docket Number: 18-0691
Date: September 9, 2019
Docket Number: 18-0964
Date: September 3, 2019
Docket Number: 18-0493
Date: September 3, 2019
Docket Number: 18-0495
Date: September 3, 2019
Docket Number: 18-0533
Date: September 3, 2019
Docket Number: 18-0565
Date: September 3, 2019
Docket Number: 18-0615
Date: September 3, 2019
Docket Number: 18-0740
Date: September 3, 2019
Docket Number: 18-0796
Date: September 3, 2019
Docket Number: 18-0797
Date: September 3, 2019
Docket Number: 18-0823
Date: September 3, 2019
Docket Number: 18-0835
Date: September 3, 2019
Docket Number: 18-0853
Date: July 8, 2019
Docket Number: 19-0183
Date: June 19, 2019
Docket Number: 18-0420
Date: June 17, 2019
Docket Number: 17-0113
Date: June 17, 2019
Docket Number: 17-0457
Date: June 17, 2019
Docket Number: 17-0664
Date: June 17, 2019
Docket Number: 17-0844
Date: June 17, 2019
Docket Number: 17-1009
Date: June 17, 2019
Docket Number: 17-1047
Date: June 17, 2019
Docket Number: 17-1048
Date: June 17, 2019
Docket Number: 17-1139
Date: June 17, 2019
Docket Number: 18-0003
Date: June 17, 2019
Docket Number: 18-0016
Date: June 17, 2019
Docket Number: 18-0031
Date: June 17, 2019
Docket Number: 18-0051
Date: June 17, 2019
Docket Number: 18-0107
Date: June 17, 2019
Docket Number: 18-0118
Date: June 17, 2019
Docket Number: 18-0215
Date: June 17, 2019
Docket Number: 18-0322
Date: June 17, 2019
Docket Number: 18-0385
Date: June 17, 2019
Docket Number: 18-0419
Date: June 17, 2019
Docket Number: 18-0587
Date: June 12, 2019
Docket Number: 17-1010
Date: June 12, 2019
Docket Number: 19-0025
Date: June 12, 2019
Docket Number: 19-0043
Date: June 12, 2019
Docket Number: 19-0043
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying Defendant's motion to dismiss and remanded this case to the circuit court for the entry of an order dismissing Plaintiff's claims against Defendant,…
Date: June 12, 2019
Docket Number: 19-0137
Date: June 11, 2019
Docket Number: 18-0181
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court refusing Petitioners' petition for injunctive relief and determining that an easement did not exist across certain property, holding that Petitioners failed to…
Date: June 10, 2019
Docket Number: 17-0126
Date: June 10, 2019
Docket Number: 17-0126
Justia Opinion Summary: In this ongoing Marcellus shale litigation arising that arose from claims asserted by Plaintiffs - surface owners of several tracts of land - the Supreme Court affirmed the order of the Mass Litigation Panel (MLP)…
Date: June 10, 2019
Docket Number: 17-0566
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Appellant's petition for a writ of habeas corpus in which Appellant asserted ineffective assistance of counsel, holding that there were no grounds upon…
Date: June 10, 2019
Docket Number: 17-0994
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the circuit court denying Petitioner's petition for a writ of habeas corpus, holding that the circuit court erred in finding that W.Va. Code…
Date: June 10, 2019
Docket Number: 17-1086
Date: June 10, 2019
Docket Number: 17-1086
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Petitioner's motion for a new trial and renewed motion for judgment as a matter of law, holding that the verdict in this case should be…
Date: June 7, 2019
Docket Number: 17-0566
Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court denying Petitioner's petition for writ of habeas corpus asserting ineffective assistance of counsel, holding that there were no grounds upon which to find…
Date: June 7, 2019
Docket Number: 17-0566
Date: June 7, 2019
Docket Number: 17-0949
Date: June 7, 2019
Docket Number: 17-1040
Date: June 7, 2019
Docket Number: 17-1041
Date: June 7, 2019
Docket Number: 17-1067
Date: June 7, 2019
Docket Number: 17-1089
Justia Opinion Summary: The Supreme Court affirmed the circuit court's order granting summary judgment to LML Properties, LLC on Hanover Resources, LLC's complaint alleging breach of contract against LML for enforcement of $4.7 million in…
Date: June 7, 2019
Docket Number: 17-1134
Date: June 7, 2019
Docket Number: 17-1134
Date: June 7, 2019
Docket Number: 17-1142
Date: June 7, 2019
Docket Number: 18-0335
Date: June 7, 2019
Docket Number: 18-0397
Date: June 7, 2019
Docket Number: 18-0413
Date: June 7, 2019
Docket Number: 18-0506
Date: June 7, 2019
Docket Number: 18-0512
Date: June 7, 2019
Docket Number: 18-0539
Date: June 7, 2019
Docket Number: 18-0548
Date: June 7, 2019
Docket Number: 18-0586
Date: June 7, 2019
Docket Number: 18-0676
Date: June 7, 2019
Docket Number: 18-0677
Date: June 6, 2019
Docket Number: 18-0145
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court reversing the order of the Executive Director of the Governor's Committee on Crime, Delinquency, and Corrections (Petitioner) decertifying Respondent as a law…
Date: June 6, 2019
Docket Number: 18-0936
Justia Opinion Summary: The Supreme Court answered a question certified to it by the circuit court after reformulating the question, holding that a jury may consider images of a minor engaged in sexually explicit conduct contained in the…
Date: June 5, 2019
Docket Number: 17-0968
Justia Opinion Summary: The Supreme Court affirmed the circuit court's order granting partial summary judgment, finding that Defendant trespassed on Plaintiffs' surface lands to the extent it was drilling for and removing minerals from…
Date: June 5, 2019
Docket Numbers: 18-0121, 18-0122, 18-0123, 18-0124, 18-0125, 18-0227, 18-0228
Justia Opinion Summary: In these consolidated appeals from the business court's orders reversing various Boards of Assessment Appeals and rejecting the West Virginia State Tax Department's valuation of Respondents' gas wells for ad valorem tax…
Date: June 5, 2019
Docket Number: 18-0214
Date: June 5, 2019
Docket Number: 18-0214
Justia Opinion Summary: The Supreme Court affirmed the declaratory judgment order entered by the circuit court interpreting a 1977 quitclaim deed whereby the grantor gave the grantee a parcel of land and entering judgment in favor of the…
Date: June 5, 2019
Docket Number: 18-0725
Justia Opinion Summary: In this case involving the deaths of seventy-eight minors in 1968 the Supreme Court answered questions of law certified to it by the United States Court of Appeals for the Fourth Circuit by concluding that the law in…
Date: June 5, 2019
Docket Number: 18-0841
Justia Opinion Summary: The Supreme Court vacated the order of the circuit court denying two hospitals' motion to decertify the class after the court initially certified a class action against the hospitals, holding that the circuit court…
Date: June 4, 2019
Docket Number: 18-0086
Justia Opinion Summary: The Supreme Court reversed the portion of a circuit court order dismissing two counts in Jane Doe's complaint that asserted the Logan County Board of Education and its employees were negligent but affirmed the dismissal…
Date: June 3, 2019
Docket Number: 17-0906
Date: June 3, 2019
Docket Number: 17-1112
Date: June 3, 2019
Docket Number: 18-0007
Date: June 3, 2019
Docket Number: 18-0026
Justia Opinion Summary: In this tort action, the Supreme Court affirmed in part and reversed in part the circuit court's order denying Petitioners' motion for summary judgment on the ground of qualified immunity, holding that Respondent failed…
Date: June 3, 2019
Docket Number: 18-1072
Justia Opinion Summary: The Supreme Court denied the request for extraordinary relief sought by Vanderra Resources, LLC asserting that the circuit court's denial of Vanderra's motion for summary judgment on Chesapeake Appalachia, LLC's claims…
Date: May 31, 2019
Docket Number: 17-0897
Date: May 31, 2019
Docket Number: 17-0929
Date: May 31, 2019
Docket Number: 18-0355
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court that terminated Mother's parental rights to her infant son, J.C., holding that the circuit court did not have subject matter jurisdiction to terminate Mother's…
Date: May 30, 2019
Docket Number: 17-0978
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for one count of delivery of a controlled substance, holding that there was no error in the proceedings below. After Defendant was convicted, a trial was…
Date: May 24, 2019
Docket Number: 18-0072
Date: May 24, 2019
Docket Number: 18-0126
Date: May 24, 2019
Docket Number: 18-0138
Date: May 24, 2019
Docket Number: 18-0265
Date: May 24, 2019
Docket Number: 18-0310
Date: May 24, 2019
Docket Number: 18-0336
Date: May 24, 2019
Docket Number: 18-1098
Date: May 24, 2019
Docket Number: 18-1115
Date: May 24, 2019
Docket Number: 18-1116
Date: May 21, 2019
Docket Number: 17-0885
Date: May 20, 2019
Docket Number: 17-0896
Date: May 20, 2019
Docket Number: 18-0329
Date: May 20, 2019
Docket Number: 18-0382
Date: May 20, 2019
Docket Numbers: 18-0407, 19-0024
Date: May 17, 2019
Docket Number: 17-0713
Justia Opinion Summary: In this appeal from the judgment of the circuit court placing a juvenile accused of delinquency but found not competent to proceed in a mental health facility for a period of thirty-five years under a competency statute…
Date: May 17, 2019
Docket Number: 17-0972
Justia Opinion Summary: The Supreme Court vacated the order of the circuit court denying a motion to compel arbitration, holding that the court's order did not contain sufficient findings of fact and conclusions of law for the Supreme Court to…
Date: May 17, 2019
Docket Number: 17-1001
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Petitioner's petition for writ of habeas corpus, holding that the circuit court did not err in finding that Petitioner was not denied due process or…
Date: May 17, 2019
Docket Number: 18-0183
Date: May 17, 2019
Docket Number: 18-0845
Date: May 3, 2019
Docket Number: 17-0582
Date: May 3, 2019
Docket Number: 17-0882
Date: May 3, 2019
Docket Number: 17-0956
Date: May 3, 2019
Docket Number: 18-0672
Date: May 1, 2019
Docket Number: 17-0079
Date: April 30, 2019
Docket Number: 17-0644
Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court finding a delegation clause in an arbitration agreement unconscionable and refusing to enforce the arbitration agreement, holding that the delegation clause…
Date: April 30, 2019
Docket Number: 17-0971
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Petitioners' appeal and petition for writ of mandamus and affirming the order issued by the Martinsburg Police Civil Service Commission, holding that the…
Date: April 29, 2019
Docket Number: 18-0018
Date: April 29, 2019
Docket Number: 18-0018
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court affirming the determination of the Board of Equalization and Review that Petitioners Murray Energy Corporation and Consolidation Coal Company's coal interests…
Date: April 26, 2019
Docket Number: 16-0915
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Petitioner's second amended motion for writ of habeas corpus, holding that the circuit court did not err. Petitioner pled guilty by information to…
Date: April 25, 2019
Docket Number: 18-0543
Date: April 25, 2019
Docket Number: 18-0545
Date: April 25, 2019
Docket Number: 18-0563
Date: April 25, 2019
Docket Number: 18-0570
Date: April 25, 2019
Docket Number: 18-0571
Date: April 25, 2019
Docket Number: 18-0601
Date: April 25, 2019
Docket Number: 18-0610
Date: April 25, 2019
Docket Number: 18-0613
Date: April 25, 2019
Docket Number: 18-0619
Date: April 25, 2019
Docket Number: 18-0625
Date: April 25, 2019
Docket Number: 18-0647
Date: April 25, 2019
Docket Number: 18-0657
Date: April 25, 2019
Docket Number: 18-0668
Date: April 25, 2019
Docket Number: 18-0684
Date: April 25, 2019
Docket Number: 18-0698
Date: April 25, 2019
Docket Number: 18-0723
Date: April 25, 2019
Docket Number: 18-0724
Date: April 25, 2019
Docket Number: 18-0726
Date: April 25, 2019
Docket Number: 18-0727
Date: April 25, 2019
Docket Number: 18-0728
Date: April 25, 2019
Docket Number: 18-0730
Date: April 25, 2019
Docket Number: 18-0736
Date: April 24, 2019
Docket Numbers: 17-0327, 17-0328
Date: April 22, 2019
Docket Number: 17-0847
Date: April 22, 2019
Docket Number: 18-0863
Justia Opinion Summary: The Supreme Court affirmed two orders of the Public Service Commission (PSC) interpreting and applying regulations it adopted to give effect to the federal Public Utility Regulatory Policies Act (PURPA), 16 U.S.C. 2601…
Date: April 19, 2019
Docket Number: 17-0261
Date: April 19, 2019
Docket Number: 18-0066
Date: April 19, 2019
Docket Number: 18-0203
Date: April 19, 2019
Docket Number: 18-0205
Date: April 19, 2019
Docket Number: 18-0224
Date: April 19, 2019
Docket Number: 18-0239
Date: April 19, 2019
Docket Number: 18-0296
Date: April 19, 2019
Docket Number: 18-0962
Date: April 19, 2019
Docket Number: 18-0974
Date: April 19, 2019
Docket Number: 18-0976
Date: April 16, 2019
Docket Number: 17-0560
Date: April 15, 2019
Docket Number: 17-0931
Date: April 15, 2019
Docket Number: 17-1043
Date: April 15, 2019
Docket Number: 18-0133
Date: April 15, 2019
Docket Number: 18-0177
Date: April 15, 2019
Docket Number: 18-0344
Date: April 15, 2019
Docket Number: 18-0348
Date: April 12, 2019
Docket Number: 18-0210
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court that affirmed an order of the Randolph County Commission affirming the findings of its special fiduciary commissioner as to Joann Fussell's claims against the…
Date: April 12, 2019
Docket Number: 18-0226
Justia Opinion Summary: In this matter arising from a condemnation proceeding initiated by the West Virginia Department of Transportation, Division of Highways, the Supreme Court accepted questions certified by the circuit court and answered,…
Date: April 11, 2019
Docket Number: 18-0708
Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court determining disposition of Petitioner's child without first allowing him a meaningful opportunity to be heard at the dispositional hearing, which resulted in…
Date: April 9, 2019
Docket Number: 17-0401
Date: April 9, 2019
Docket Number: 17-0401
Justia Opinion Summary: The Supreme Court reversed Petitioner's conviction for attempted first-degree murder under a felony-murder theory ("attempted felony-murder"), holding that there is no cognizable crime of attempted felony-murder in West…
Date: April 4, 2019
Docket Number: 18-0500
Justia Opinion Summary: The Supreme Court reversed the "order of permanent placement" entered by the circuit court awarding custody of two children to Uncle and Aunt, holding that the circuit court erred in concluding that, as a matter of law,…
Date: April 3, 2019
Docket Number: 17-1066
Justia Opinion Summary: The Supreme Court affirmed Petitioner's felony conviction for two counts of delivery of a controlled substance but reversed the circuit court's order sentencing him to life in prison with mercy in accordance with the…
Date: April 2, 2019
Docket Number: 18-0864
Date: March 27, 2019
Docket Number: 17-1106
Date: March 27, 2019
Docket Number: 17-1106
Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court denying Petitioner's motion to set aside a default judgment entered against him, holding that the circuit court did not abuse its discretion in denying…
Date: March 26, 2019
Docket Number: 17-0992
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting relief to the State in a writ of prohibition proceeding, holding that the circuit court applied the correct statute in order to grant relief to the…
Date: March 26, 2019
Docket Number: 18-0109
Date: March 25, 2019
Docket Numbers: 17-0327, 17-0328
Justia Opinion Summary: In this excessive force action brought under 42 U.S.C. 1983, the Supreme Court affirmed the decision of the circuit court denying summary judgment in favor of Petitioners, correctional officers and the warden at Mount…
Date: March 21, 2019
Docket Number: 17-1088
Justia Opinion Summary: In this negligence case, the Supreme Court reversed the order of the circuit court denying the motion to dismiss filed by the West Virginia Department of Health and Human Resources petitioners (DHHR Petitioners), holding…
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