This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou... More...    $0 (05-11-2018 - WV)

Respondent Dr. Tuan Nguyen (“Physician”) filed a third-party complaint
against Petitioner Camden-Clark Memorial Hospital Corporation (the “Hospital”) and
alleged it discriminated and retaliated against him for reporting patient safety concerns;
he alleged violations of the West Virginia Patient Safety Act (the “Act”),1 retaliatory
discharge, and intentional infliction of emotional ... More...    $0 (11-13-2017 - WV)

This appeal concerns a dispute between the West Virginia State Lottery, the
Lottery Commission, the Lottery Director,1 (collectively, the State Lottery) and certain
entities (Permit Holders) who were issued permits to operate limited video lottery game
terminals (LVL terminals). The dispute arose after the State Lottery instructed the Permit
Holders that they would be required to u... More...    $0 (11-14-2017 - WV)

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

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

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

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

This action is before this Court upon the appeal of James E. Beichler from the March 4, 2009, order of the Circuit Court of Kanawha County dismissing his complaint in a wage payment and collection matter. The complaint sought unpaid wages and liquidated damages for certain teaching services allegedly performed by Beichler during his employment with the appellee, West Virginia University at Parker... More...    $0 (09-16-2010 - WV)

Lespia King, a former deputy in the sheriff’s office for the
City of Roanoke, Virginia, sued Sheriff George McMillan in
his official capacity under Title VII for sexual harassment and
in his individual capacity under Virginia law for battery.
While King’s suit was pending, Octavia Johnson replaced
McMillan as sheriff, and the district court substituted Johnson
as the de... More...    $0 (02-03-2010 - WV)

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

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

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

This class action securities fraud lawsuit arises out of improper accounting by Royal Ahold, N.V., a Dutch corporation, and U.S. Foodservice, Inc. ("USF"), a Maryland-based Ahold subsidiary. The misconduct of Ahold and USF is not disputed in this appeal; at issue is the liability of Ahold’s accountants, Deloitte & Touche LLP ("Deloitte U.S.") and Deloitte & Touche Accountants ("Deloitte Netherla... More...    $0 (01-05-2009 - WV)

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

Grady Colin Kelley, II, and Frieda Carol Kelley (hereinafter "Appellants" or "Mr. Kelley and Mrs. Kelley") appeal from orders of the Circuit Court of Mingo County granting summary judgment to Appellees City of Williamson and Williamson police officer Michael Barnes. The Appellants allege that the trial court erred in granting summary judgment where genuine issues of material fact exist for ju... More...    $0 (11-24-2007 - WV)

This case is an appeal by the defendant below, West Virginia Physicians' Mutual Insurance Company (hereinafter referred to as "Mutual"), of the April 27, 2006, final order (See footnote 1) of the Circuit Court of Ohio County in a suit involving the reinstatement of medical malpractice insurance coverage for plaintiff below, Robert J. Zaleski, M.D. (hereinafter referred to as "Dr. Zaleski"). ... More...    $0 (07-03-2007 - WV)

In this appeal from the Circuit Court of Ohio County, the appellant challenges a circuit court order granting summary judgment. The appellant, on behalf of the estate of Leah Brown, had sued Mrs. Brown's employer, the City of Wheeling. Mrs. Brown and a co- worker were returning from an out-of-town work-related training session when Mrs. Brown died in a one-vehicle automobile accident. Mrs.... More...    $0 (08-02-2002 - WV)