Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court reversed the order of the circuit court preliminarily enjoining the West Virginia Paycheck Protection Act, passed by the Legislature in 2021, from taking effect, holding that the circuit court abused its discretion when it granted Respondents injunctive relief.Respondents - labor unions, employee associations, and individual members of such groups - sought to enjoin the enforcement of the Act, which prohibits state employers from continuing to deduct union dues and employee association membership fees from public employees' wages. The circuit court concluded that the law violated certain of Respondents' constitutional rights and that its enforcement would irreparably harm them. The Supreme Court reversed, holding that the circuit court abused its discretion when it did not deny injunctive relief to Respondents. View "Justice v. W. Va. AFL-CIO" on Justia Law

The Supreme Court granted as moulded a writ of prohibition challenging the rulings of the circuit court denying West Virginia University Hospitals, Inc.'s (WVUH) petition for declaratory judgment and WVUH's motion to dismiss Respondents' amended complaint, holding that the circuit court committed clear legal error.Respondents filed a complaint alleging corporate negligence and other claims against WVUH. WVUH filed a combined answer and petition for declaratory judgment asking the circuit court to declare that the West Virginia Medical Professional Liability Act, W. Va. Code 55-7B-1 to -12 (MPLA) applied to Respondents' corporate negligence allegations. Before the circuit court ruled on the petition for declaratory judgment, Respondents filed an amended complaint adding new corporate negligence claims but did not fulfill the MPLA's pre-suit notice requirements. At issue was the circuit court's denial of both WVUH's petition for declaratory judgment and motion to dismiss. The Supreme Court granted a writ of prohibition, holding (1) the circuit court lacked subject matter jurisdiction over the corporate negligence claims added in the amended complaint due to Respondents' failure to comply with the MPLA's pre-suit notice requirements for these claims; and (2) litigation of the corporate negligence claims that were asserted in the original complaint, and for which the pre-suit notice requirements were satisfied, were governed by the MPLA. View "State ex rel. W. Va. University Hospitals, Inc. v. Honorable Scott" on Justia Law

The Supreme Court affirmed the orders of the circuit court entered under the West Virginia Wage Payment and Collection Act, W. Va. Code 23-5-1 to -18 (the WPCA), holding that the court acted within its discretion, and there was otherwise no error.Employer in this case made withholdings from the wages of its employees that met the definition of an assignment set forth under the West Virginia Wage Payment and Collection Act, W. Va. Code 23-5-1 to -18 (the WPCA). Employer, however, never procured from its employees a writing that complied with the conditions set forth in the WPCA. Employees filed a class-action suit to recoup Employer's withholdings. The circuit court entered an orders (1) finding Employer liable for violating the WPCA, and (2) awarding Employees the wages improperly taken from their paychecks, liquidated damages, attorney's fees, and costs. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion or err in its orders. View "Fairmont Tool, Inc. v. Davis" on Justia Law

The Supreme Court granted a writ of prohibition prohibiting the circuit court from enforcing an order granting class certification in the underlying civil action filed by Respondents, holding that class certification was improperly granted.The underlying suit arose after an employee of Petitioners - three hospitals, misappropriated the private information of certain patients from Petitioners' medical records during the course of performing her authorized job duties. Respondents - Deborah Welch and Eugene Roman - successfully certified a class of approximately 7,445 individuals. The Supreme Court granted this petition prohibiting the circuit court from enforcing its order granting class certification, holding (1) Welch lacked standing because she suffered no injury-in-fact; and (2) as to Roman and the subclass of 109 individuals he represented, the prerequisites to class certification were not met. View "State ex rel. W. Va. University Hospitals--East, Inc. v. Honorable Hammer" on Justia Law

With one exception, the Supreme Court affirmed the judgment of the circuit court denying Petitioner's petition of habeas corpus relief from Petitioner's conviction on four counts of first-degree sexual abuse and related offenses against his daughter, holding that only the circuit court's imposition of a period of supervised release as part of Petitioner's sentence is reversed.Petitioner filed a pro se petition for a writ of habeas corpus and then refused to cooperate with a succession of appointed counsel or to file an amended petition under his demand were met. Without Petitioner's approval, the circuit court ultimately ordered counsel to file an amended petition raising all issues that counsel deemed to be viable. After an omnibus hearing, the circuit court denied relief on all grounds. The Supreme Court reversed in part, holding (1) the circuit court's imposition of a period of supervised release did not pass constitutional muster; and (2) the circuit court properly denied habeas relief on all other issues raised by Petitioner and/or his counsel. View "Frank A. v. Ames" on Justia Law

The Supreme Court held that the West Virginia Wiretapping and Electronic Surveillance Act (West Virginia Act), W. Va. Code 62-1D-1 through 16, runs afoul of the First Amendment to the federal Constitution and W. Va. Const. art. III, 7 and is unconstitutional as appleid to the extent that it allows a civil action to be maintained against an innocent third party who publishes information of public concern that was obtained by the unlawful interception of wire, oral, or electronic communication in violation of the statute but who did not participate in the unlawful interception of the communication.Petitioners, public school employees, alleged that the mother of A.P., a special education student in their classroom, violated both the West Virginia Act and its federal construct by placing a secret audio recording device in A.P.'s hair, purporting to show Petitioners physically and verbally abusing students. After Petitioners resigned, they brought this complaint alleging that Respondents, various media groups or outlets, violated the West Virginia Act by using and disclosing Petitioners' intercepted communications. The circuit court granted Respondents' motions to dismiss. The Supreme Court affirmed, holding that the circuit court did not err in dismissing the case. View "Yurish v. Sinclair Broadcast Group, Inc." on Justia Law

The Supreme Court reversed the order of the circuit court reversing the decision of a West Virginia State Police Grievance System hearing officer and ordering the reinstatement of Respondent to his employment as a state trooper, holding that the circuit court impermissibly substituted its judgment for that of the hearing examiner.The hearing examiner concluded that Respondent had committed conduct unbecoming of a state trooper and had used excessive force, among other things, and that the preponderance of the evidence supported the decision to terminate Respondent's employment. The circuit court reversed, concluding that the hearing examiner's decision was clearly wrong and erroneous as a matter of law. The Supreme Court reversed, holding (1) the circuit court impermissibly substituted its judgment for that of the hearing examiner, who was the factfinder in this manner; and (2) the hearing examiner's account of the evidence was plausible in light of the entire record. View "W. Va. State Police v. Walker" on Justia Law

The Supreme Court granted a requested writ of prohibition and prohibited the enforcement of a circuit court order granting a motion to dismiss two counts of sexual assault in the second degree, holding that the circuit court failed properly to analyze the necessary factors for sanctions against the State.The defendant in the underlying criminal case filed a motion to dismiss the indictment against him, alleging that the State violated various discovery orders. The circuit court dismissed two counts of the indictment, declared a mistrial, and ruled that the subject matter of the dismissed counts could not be mentioned at trial on the remaining counts. The State filed this petition for a writ of prohibition, arguing that the circuit court abused its discretion when it dismissed the indictment as a discovery sanction. The Supreme Court granted the writ, holding that the circuit court abused its discretion and committed clear legal error when it dismissed, as a discovery sanction, the two counts of sexual assault in the second degree. View "State ex rel. Smith v. Honorable Olejasz" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Petitioner's petition for writ of habeas corpus, holding that Petitioner failed to meet his burden of proof.Defendant was convicted of first-degree robbery, conspiracy, and entry of a dwelling. The Supreme Court affirmed. Defendant later filed a petition for a writ of habeas corpus asserting that his trial counsel provided ineffective assistance by failing to introduce certain evidence and by not requesting specific jury instructions and that the prosecutor knowingly presented false testimony. The circuit court denied the petition. The Supreme Court affirmed, holding (1) Defendant failed to prove ineffective assistance of counsel; and (2) Defendant's second assignment of error lacked merit. View "Goodman v. Searls" on Justia Law

The Supreme Court affirmed the order of the circuit court granting Respondent's petition to adopt H.G., holding that there was insufficient to show that the court abused its discretion in granting the petition for adoption.When she filed her petition to adopt H.G., Respondent had been H.G.'s primary caretaker for seven years and his legal guardian for three years, and had had sole discretion regarding visitation with the child for one year. Petitioner, the child's birth mother, opposed the adoption. After a hearing, the circuit court granted the petition on the grounds that Petitioner had abandoned the child. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in concluding (1) involuntary wage garnishment in 2019 did not constitute financial support; and (2) Petitioner failed to visit or communicate with the child for at least six months preceding the petition. View "In re Adoption of H.G." on Justia Law