Justia West Virginia Supreme Court of Appeals Opinion Summaries

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 by police officers during the course of arrest within the plain language of W. Va. Const. Art. III, 10.Specifically, the Supreme Court held (1) West Virginia applies to its constitution the rule established in Graham v. Connor, 490 U.S. 386 (1989), and United States v. Lanier, 520 U.S. 259 (1997), which requires a constitutional claim that is covered by a specific constitutional provision to be analyzed under the standard specific to that provision and not under substantive due process; and (2) in light of Fields v. Mellinger, 851 S.E.2d 789 (W. Va. 2020), a claim for excessive force by police officers brought under W. Va. Const. art. III, 10 is redundant to a claim brought under Article III, Section 6. View "Stepp v. Cottrell" on Justia Law

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 extraordinary writ of prohibition in relation to a class action that had been pending since 2013, holding that Petitioners failed to show they were entitled to the writ.In their petition for prohibitory relief WVU Hospitals argued that the circuit court violated the express mandate of the Supreme Court as set forth in State ex rel. West Virginia University Hospitals, Inc. v. Gaujot, 829 S.E.2d 54 (W. Va. 2019), by failing to conduct a sufficiently thorough analysis of the factors required for class certification and by failing to give careful consideration to certain ethical issues. The Supreme Court denied the requested writ, holding (1) there was no inadequacy in the circuit court's findings of commonality and ascertainability; and (2) the circuit court was under no obligation to revisit its predominance analysis or the class definition under the Supreme Court's prior mandate. View "State ex rel., West Virginia University Hospitals, Inc v. Honorable Phillip D. Gaujot" on Justia Law

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 Limited's motion to set aside the default judgment.New Trinity Coal, Inc. filed a complaint against Resources Limited asserting claims of breach of contract and unjust enrichment. New Trinity later filed a motion for default judgment, which the circuit court granted. Resources Limited filed a motion to set aside the default judgment. The circuit court denied the motion, finding that there was no evidence of excusable neglect. The Supreme Court reversed, holding that Resources Limited's motion to set aside the default judgment should have been granted. View "Resources Limited, LLC v. New Trinity Coal, Inc." on Justia Law

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 Mother, holding that the family court's finding of no substantial change in circumstances was clearly erroneous.When E.M. was two years old, Father and Mother signed an agreed parenting plan. Three years later, Mother filed a petition to modify the parenting plan, alleging that the circumstances had substantially changed due to his job change, Mother's joining the workforce and E.M.'s enrollment in kindergarten. The family court denied the motion. The Supreme Court reversed, holding that the family court committed clear error when it found that there was no substantial change in circumstances. View "Jared M. v. Molly A." on Justia Law

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 error.A.A. was temporarily removed from a hotel room after her father was arrested for unlawful possession of firearms. Petitioner, A.A.'s paternal grandmother, declined to take custody of the A.A. and so the West Virginia Department of Health and Human Resources placed A.A. with Respondents, foster parents. After the proceedings began, Petitioner intervened and filed a motion to transfer custody of the child to her. The circuit court denied the petition. The Supreme Court affirmed, holding (1) the circuit court appropriately exercised jurisdiction in this matter; and (2) Petitioner's remaining assignments of error were without merit. View "In re A.A." on Justia Law

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 alcohol test in which Respondent tested positive for marijuana metabolites (THC), holding that the circuit court erred.Respondent appealed his suspension, arguing before the Board that his positive drug tested resulted from his use of cannabidiol (CBD) oil on the day prior to the test and that the test did not differentiate between CBD and THC. The Board granted the appeal and reinstated Respondent's mining certifications. The circuit court affirmed. The Supreme Court reversed, holding that because Respondent did not successfully challenge the testing process or result and had no valid prescription that would fulfill the valid and allowable defense, the statutory requirement that he be suspended was mandatory. View "West Virginia Office of Miners' Health, Safety & Training v. Beavers" on Justia Law

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 any evidence being presented by the Department of Health and Human Resources (DHHR) at the dispositional hearing.Upon evidence that Mother was abusing methamphetamines Mother's three children were removed from her care and placed with their respective biological fathers. After stipulating to abuse and/or neglect and embarking upon post-adjudicatory and dispositional improvement periods Mother twice relapsed. Despite the prosecutor's failure to present any evidence on DHHR's behalf at the dispositional hearing, the circuit court terminated Mother's parental rights. The Supreme Court held that the circuit court’s dispositional order must be vacated due to DHHR’s failure to introduce evidence in support of termination. View "In re K.S." on Justia Law

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 Collection Act, the terms of her employee agreement, and the employee handbook by failing, upon her resignation, to provide her severance pay and compensation for accrued paid time off, holding that the circuit court erred.Following her resignation, Petitioner initiated a lawsuit alleging that Respondent failed timely to pay her wages on several occasions, thereby breaching the employee agreement that triggered Respondent's duty to pay her a severance package. Petitioner additionally asserted that the failure to pay her the severance package constituted violations of the employee handbook and the Act. The circuit court granted judgment in favor of Respondent. The Supreme Court reversed, holding that the circuit court erred in dismissing Petitioner's claims. View "Miller v. St. Joseph Recovery Center, LLC" on Justia Law

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 entitled to qualified immunity under the WVHRA, and Petitioner's complaint sufficiently stated her claims.Petitioner, a former commercial driver's license instructor for Respondent, Eastern West Virginia Community and Technical College, filed a complaint alleging that Respondent's decision to terminate her employment was predicated upon illegal age and sex discrimination. The circuit court granted Respondent's motion to dismiss, concluding that Respondent was entitled to qualified immunity and that Petitioner had failed to satisfy the heightened pleading standard. The Supreme Court reversed, holding that Petitioner's complaint pleaded sufficient facts to survive a W. Va. R. Civ. P. 12(b)(6) motion to dismiss. View "Judy v. Eastern West Virginia Community & Technical College" on Justia Law

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 that there was no error.At issue in this case was the "medical payments coverage" provision in Insured's automobile insurance contract that required that Insurer reimburse Insured for any medical expenses she "incurred" in an accident. The circuit court concluded that the contract obligated Insurer to reimburse Insured the full amount of Insured's medical bill she received after an automobile accident and further concluded that Insurer was required to reimburse Insured for her attorney's fees. The Supreme Court affirmed, holding (1) there was no error in the circuit court's interpretation of the medical payments provision in the insurance contract; and (2) there was no error in the circuit court's rulings on costs and attorney's fees. View "Auto Club Property Casualty Insurance Co. v. Moser" on Justia Law