Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court affirmed the rulings of the circuit court determining that the civil provisions of the West Virginia Wage Payment and Collection Act (WPCA), W. Va. Code 21-5-3, had not been recognized by the Supreme Court as a substantial public policy exception to the at-will employment doctrine, holding that the circuit court did not err.Plaintiff brought a retaliatory discharge claim against Defendants after he was terminated from his employment. The circuit court entered partial summary judgment for Defendants as to Plaintiff's claims for the tort of outrage and retaliatory discharge. The Supreme Court affirmed, holding that the undisputed facts supported the circuit court's order granting partial summary judgment. View "Greaser v. Hinkle" on Justia Law

The Supreme Court affirmed the judgment of the circuit granting summary judgment for Defendants on all claims contained in Plaintiffs' second amended complaint seeking class certification, relief in mandamus, lost wages, and other monetary damages against six State Offices and their respective officeholders, holding that summary judgment was proper.In 2014, the Legislature amended W. Va. Code 6-7-1, changing the pay cycle for state employees from a semi-monthly to a bi-weekly basis. Plaintiffs, state employees who were paid one pay cycle in arrears pursuant to the provisions of section 6-7-1, claimed that when the statue was amended the result was a taking of five days of salary from every state employee in violation of W. Va. Const. Art. III, 10 or, alternatively, the imposition of a second arrearage beyond what is authorized by the statute. The circuit court granted summary judgment for Plaintiffs. The Supreme Court affirmed, holding that summary judgment was proper. View "Wilkinson v. W. Va. State Office of the Governor" on Justia Law

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 the West Virginia University Institute of Technology (WVUIT) breached its agreement to pay him a supplementary salary for serving as director of a research center, holding that summary judgment was improper on Plaintiff's claim brought under the West Virginia Wage Payment Collection Act (WPCA), W. Va. Code 21-5-1 through 18.Plaintiff, a professor at WVUIT, brought this action against WVU BOG, which manages the educational operations of WVUIT, bringing a common law claim for breach of contract, alternative equitable claims of quantum merit and unjust enrichment, and a statutory cause of action under WPCA. WVU BOG, a state agency, moved for summary judgment, invoking the doctrine of sovereign immunity. The circuit court granted summary judgment on all of Plaintiff's claims. The Supreme Court reversed in part, holding (1) sovereign immunity did not bar Plaintiff's claims under the WPCA, and genuine issues of disputed fact existed as to whether WVU BOG violated the WPCA; and (2) summary judgment was properly granted on the remaining claims. View "Davari v. West Virginia University Board of Governors" on Justia Law

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 dismissing the action, holding that the circuit court did not err.In dismissing this action, the circuit court found (1) Defendants' failure timely to release the notice of lis pendens in connection with the action, as required under the agreement, did not constitute a material "first breach" of the agreement; (2) Defendants did not waive their right to enforcement of the agreement's terms; and (3) the agreement and its extensions were neither procedurally nor substantively unconscionable. The Supreme Court affirmed, holding that the circuit court did not err in (1) enforcing the agreement and its extensions by appointing the special commissioner to execute a reformation deed under the agreement's terms; and (2) dismissing the action in its entirety. View "Triple 7 Commodities, Inc. v. High Country Mining, Inc." on Justia Law

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 party wall agreement claim and summary judgment for two defendants on Plaintiff's negligence claim, holding that the circuit court did not err.Plaintiff owned a commercial building that shared a party wall with the adjacent property. Zen's Development, Uptown Properties, and Kenneth McBride, were the current or previous owners of the adjacent property. The circuit court granted summary judgment to all defendants on the breach of the party wall agreement claim and summary judgment to Uptown and McBride on the negligence claim. The Supreme Court affirmed, holding that Plaintiff was not entitled to relief on her claims of error. View "Birchfield v. Zen's Development, LLC" on Justia Law

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 father of Defendant's child, holding that summary judgment should have been granted in favor of Defendant.In her motion for summary judgment, Defendant argued that Plaintiff's claims were barred by the applicable statute of limitations. The circuit court concluded that Plaintiff had waived her statute of limitations defense. The Supreme Court reversed, holding (1) the circuit court erred in concluding that Defendant had waived her defense based on the statute of limitations; and (2) Plaintiff's claims were barred by the relevant statute of limitations. View "Coffield v. Robinson" on Justia Law

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 the fruit of an illegal entry and search of his home.Law enforcement went to Defendant's home to serve a domestic violence emergency protective order (EPO) that prohibited Defendant from possessing firearms and provided for the surrender of firearms to the officer serving the EPO. The officers concluded that the EPO served as a search warrant permitting them to enter and search Defendant's home for weapons. When the officers stepped into the residence, they smelled marijuana and performed a protective sweep, including a pat down of Defendant. Defendant filed a motion to suppress the evidence, which the circuit court denied. The Supreme Court reversed, holding (1) an EPO is not a de facto search warrant, and no exception to the warrant requirement applied to otherwise validate the entry into and search of Defendant's home; and (2) therefore, the circuit court erred in denying Defendant's motion to suppress. View "State v. Snyder" on Justia Law

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 suitability for temporary placement.Soon after G.S., their grandchild, was born, Petitioners filed their petition for guardianship supported by written agreements signed by both parents purporting to transfer custody to Petitioners. The circuit court dismissed the petition. Thereafter, the Department of Health and Human Resources (DHHR) filed an abuse and neglect petition against G.S.'s parents. Petitioners moved to intervene, but the circuit court denied the motion. The Supreme Court reversed, holding that Petitioners had a right to be heard at a preliminary hearing to determine their suitability for temporary placement. View "In re G.S." on Justia Law

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 there was no error.After the jury returned a guilty verdict, the State filed a recidivist information alleging that Defendant had previously been convicted of two prior felony offenses. The Supreme Court affirmed, holding (1) the circuit court did not err in denying Defendant's motions for a mistrial; (2) the State provided sufficient evidence of Defendant's prior Maryland conviction; and (3) the sentence imposed by the trial court was not an unconstitutionally disproportionate punishment under W. Va. Const. art. III, 5. View "State v. Costello" on Justia Law

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 Virginia, holding that the circuit court erred in finding that the agreement between the parties was unconscionable.Horizon and AMBIT entered into a contract and agreement whereby Horizon agreed to provide consulting services to AMBIT in exchange for $50,000 annually. When, years later, AMBIT refused to pay Horizon, Horizon brought this breach of contract action. The circuit court granted summary judgment for AMBIT, finding that the agreement was substantively unconscionable and violative of public policy. The Supreme Court reversed, holding that the circuit court erred in finding the consulting agreement unconscionable without finding both procedural and substantive unconscionability. View "Horizon Ventures of West Virginia, Inc. v. Bituminous Power Partners, L.P." on Justia Law