Supreme Court of Appeals of West Virginia Decisions 2021
Opinions 501 - 695 of 695
Date: April 16, 2021
Docket Number: 20-0033
Justia Opinion Summary: The Supreme Court reversed the final order of the circuit court in favor of Plaintiff in this case alleging that Defendant fraudulently and intentionally concealed for more than a decade the fact that Plaintiff was the…
Date: April 16, 2021
Docket Number: 20-0075
Justia Opinion Summary: In this dispute over a party wall agreement between adjoining property owners the Supreme Court affirmed the judgment of the circuit court granting summary judgment to all three defendants on Plaintiff's breach of the…
Date: April 16, 2021
Docket Number: 20-0155
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court appointing a special commissioner to execute a reformation deed consummating the parties' confidential settlement agreement and mutual release (the agreement) and…
Date: April 16, 2021
Docket Number: 20-0311
Justia Opinion Summary: The Supreme Court reversed in part and affirmed in part the order of the circuit court granting summary judgment in favor of the West Virginia University Board of Governors (WVU BOG) on Plaintiff's claims alleging that…
Date: April 15, 2021
Docket Number: 20-0869
Date: April 8, 2021
Docket Number: 19-0428
Justia Opinion Summary: The Supreme Court reversed Defendant's conviction and sentence for manufacturing a controlled substance, holding that the circuit court erred in denying Defendant's motion to suppress evidence that Defendant argued was…
Date: April 2, 2021
Docket Number: 19-0326
Date: April 2, 2021
Docket Number: 19-0326
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of one count of driving under the influence causing serious bodily injury and sentencing him to life in prison, with mercy, holding that…
Date: April 2, 2021
Docket Number: 20-0247
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying Petitioners' motion to intervene in an abuse and neglect matter, holding that Petitioners had a right to a timely evidentiary hearing to determine their…
Date: April 1, 2021
Docket Number: 19-0171
Date: April 1, 2021
Docket Number: 19-0171
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court granting summary judgment in favor of American Bituminous Power Partners (AMBIT) and dismissing the breach of contract action brought by Horizon Ventures of West…
Date: March 29, 2021
Docket Number: 19-0741
Date: March 26, 2021
Docket Number: 19-0741
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying Petitioner's motion to dismiss the first amended complaint filed by Respondent, a minor, by and through his parent and next friend, for failure to state a…
Date: March 26, 2021
Docket Number: 19-0907
Justia Opinion Summary: The Supreme Court reversed the circuit court's judgment reversing and vacating an order of the Nitro Police Department Civil Service Commission concluding that Petitioner was improperly terminated from his employment as…
Date: March 26, 2021
Docket Number: 19-1028
Date: March 26, 2021
Docket Number: 19-1028
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court calculating seniority for purposes of a reduction in force among school service personnel who were originally hired by a county board of education as an aide and…
Date: March 26, 2021
Docket Number: 20-0335
Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court reversing the family court's determination that Mother's child support obligation was $0, holding that the circuit court did not err. At the time of the…
Date: March 26, 2021
Docket Number: 20-0442
Justia Opinion Summary: The Supreme Court denied Husband's petition for writ of prohibition challenging the circuit court's ruling on a motion to vacate and its authority to transfer the case to family court, holding that the court's decision…
Date: March 23, 2021
Docket Number: 19-0351
Date: March 23, 2021
Docket Number: 19-1075
Date: March 23, 2021
Docket Number: 20-0034
Date: March 23, 2021
Docket Number: 20-0068
Date: March 23, 2021
Docket Number: 20-0076
Date: March 23, 2021
Docket Number: 20-0345
Date: March 23, 2021
Docket Number: 20-0346
Date: March 23, 2021
Docket Number: 20-0600
Date: March 23, 2021
Docket Number: 20-0600
Justia Opinion Summary: The Supreme Court granted a writ of prohibition and reversed the order of the circuit court denying the motion filed by the Grant County Commission to dismiss Plaintiff's complaint, holding that the Commission was not a…
Date: March 19, 2021
Docket Number: 19-0981
Date: March 19, 2021
Docket Number: 19-1067
Date: March 19, 2021
Docket Number: 20-0027
Date: March 19, 2021
Docket Number: 20-0046
Date: March 19, 2021
Docket Number: 20-0048
Date: March 19, 2021
Docket Number: 20-0049
Date: March 19, 2021
Docket Number: 20-0123
Date: March 19, 2021
Docket Number: 20-0124
Date: March 19, 2021
Docket Number: 20-0130
Date: March 19, 2021
Docket Number: 20-0132
Date: March 19, 2021
Docket Number: 20-0136
Date: March 17, 2021
Docket Number: 20-0685
Date: March 16, 2021
Docket Number: 18-0898
Date: March 16, 2021
Docket Number: 19-0889
Date: March 16, 2021
Docket Number: 19-1017
Date: March 16, 2021
Docket Number: 19-1073
Date: March 16, 2021
Docket Number: 19-1120
Date: March 16, 2021
Docket Number: 19-1152
Date: March 16, 2021
Docket Number: 20-0063
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying the West Virginia Department of Environmental Protection's (DEP) motion for summary judgment on qualified immunity grounds, holding that the DEP was…
Date: March 16, 2021
Docket Number: 20-0079
Date: March 16, 2021
Docket Number: 20-0326
Date: March 16, 2021
Docket Number: 20-0565
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court that the child R.S. be permanently placed with his siblings in the K family's home, holding that the circuit court erred by failing to conduct a best interest of…
Date: March 16, 2021
Docket Number: 20-0601
Justia Opinion Summary: The Supreme Court granted a writ of prohibition sought by the prosecuting attorney of Monongalia County to prohibit the circuit court from enforcing its order suppressing Cesar Felix's statement to Morgantown police and…
Date: March 16, 2021
Docket Number: 20-0601
Date: March 16, 2021
Docket Number: 20-0650
Date: March 16, 2021
Docket Number: 20-0729
Date: March 16, 2021
Docket Number: 20-0739
Date: March 16, 2021
Docket Number: 20-0974
Date: March 15, 2021
Docket Number: 19-0643
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying the motions filed by both sides for reasonable attorney fees and expenses after a settlement left each side convicted that the other side had behaved…
Date: March 15, 2021
Docket Number: 19-0679
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court dismissing Petitioner's complaint for declaratory and injunctive relief seeking to prohibit Respondents from enforcing any policy restricting the use of…
Date: March 15, 2021
Docket Number: 19-1065
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court dismissing the underlying eminent domain action, holding that the sua sponte dismissal of this action without notice and an opportunity to be heard required…
Date: March 15, 2021
Docket Number: 20-0234
Justia Opinion Summary: The Supreme Court answered certified questions of law by holding that W. Va. Code 60A-4-416(b), which criminalizes the failure of any person who, while engaged in the illegal use of a controlled substance with another,…
Date: March 12, 2021
Docket Number: 19-0786
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court that denied Petitioner's appeal of an order of the family court modifying an infant guardianship order to prohibit Petitioner from having any contact with his…
Date: March 12, 2021
Docket Number: 20-0126
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Aaron W.'s requested writ of prohibition seeking to prevent Robert M. Montgomery, Judge of the Family Court of Kanawha County, from holding a hearing or…
Date: March 2, 2021
Docket Number: 19-0962
Date: February 25, 2021
Docket Number: 19-0906
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court dismissing Plaintiff's complaint claiming failure to accommodate, gender discrimination, hostile work environment, and retaliation, holding that the circuit…
Date: February 24, 2021
Docket Number: 19-1076
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying Petitioners' motion for summary judgment, holding that Petitioners were immune from Respondent's lawsuit pursuant to the litigation privilege and the…
Date: February 22, 2021
Docket Number: 19-0715
Justia Opinion Summary: The Supreme Court vacated the order of the circuit court modifying the disposition of this case to terminate Petitioners' parental rights under W. Va. Code Ann. 49-4-604(c)(6), holding that the circuit court erred in…
Date: February 19, 2021
Docket Number: 19-0039
Date: February 19, 2021
Docket Number: 19-0156
Date: February 19, 2021
Docket Number: 19-0372
Date: February 19, 2021
Docket Number: 19-0688
Date: February 19, 2021
Docket Number: 19-0859
Date: February 19, 2021
Docket Number: 19-0910
Date: February 19, 2021
Docket Number: 19-0960
Date: February 19, 2021
Docket Number: 19-0982
Date: February 19, 2021
Docket Number: 19-0983
Date: February 19, 2021
Docket Number: 19-1068
Date: February 19, 2021
Docket Number: 19-1085
Date: February 19, 2021
Docket Number: 19-1151
Date: February 19, 2021
Docket Number: 19-1164
Date: February 19, 2021
Docket Number: 19-1165
Date: February 19, 2021
Docket Number: 19-1176
Date: February 19, 2021
Docket Number: 20-0008
Date: February 19, 2021
Docket Number: 20-0035
Date: February 19, 2021
Docket Number: 20-0173
Date: February 19, 2021
Docket Number: 20-0174
Date: February 19, 2021
Docket Number: 20-0314
Date: February 19, 2021
Docket Number: 20-0336
Date: February 19, 2021
Docket Number: 20-0344
Date: February 16, 2021
Docket Number: 19-0019
Date: February 2, 2021
Docket Number: 19-0806
Date: February 2, 2021
Docket Number: 19-0931
Date: February 2, 2021
Docket Number: 19-0956
Date: February 2, 2021
Docket Number: 19-0959
Date: February 2, 2021
Docket Number: 19-1027
Date: February 2, 2021
Docket Number: 19-1038
Date: February 2, 2021
Docket Number: 19-1071
Date: February 2, 2021
Docket Number: 19-1187
Date: February 2, 2021
Docket Number: 19-1197
Date: February 2, 2021
Docket Number: 20-0159
Date: February 2, 2021
Docket Number: 20-0181
Date: February 2, 2021
Docket Number: 20-0643
Date: January 20, 2021
Docket Number: 19-0072
Date: January 20, 2021
Docket Number: 19-0316
Date: January 20, 2021
Docket Number: 19-0800
Date: January 20, 2021
Docket Number: 19-1012
Date: January 20, 2021
Docket Number: 19-1023
Date: January 20, 2021
Docket Number: 19-1055
Date: January 20, 2021
Docket Number: 19-1060
Date: January 20, 2021
Docket Number: 19-1062
Date: January 20, 2021
Docket Number: 19-1066
Date: January 20, 2021
Docket Number: 19-1087
Date: January 20, 2021
Docket Number: 19-1166
Date: January 20, 2021
Docket Number: 19-1167
Date: January 20, 2021
Docket Number: 20-0036
Date: January 20, 2021
Docket Number: 20-0091
Date: January 20, 2021
Docket Number: 20-0127
Date: January 20, 2021
Docket Number: 20-0227
Date: January 20, 2021
Docket Number: 20-0337
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