West Virginia Case Commentaries

Termination of Parental Rights in Cases of Unacknowledged Abuse: In the Interest of KAITLYN P. and Others

Date: Feb 17, 2010

Termination of Parental Rights in Cases of Unacknowledged Abuse: In the Interest of KAITLYN P. and Others Introduction The case In the Interest of KAITLYN P., Arianna C., Christopher C., Ryan C.,...

Clarification and Overruling of the Discovery Rule in Dunn v. Rockwell: Implications for Statutes of Limitations

Date: Nov 25, 2009

Clarification and Overruling of the Discovery Rule in Dunn v. Rockwell: Implications for Statutes of Limitations Introduction The case of Stanley W. Dunn, Jr., and Katherine B. Dunn v. Douglas S....

Mandatory Hearing Requirements in Child Abuse and Neglect Cases: The West Virginia Supreme Court's Ruling in In re EMILY G.

Date: Oct 30, 2009

Mandatory Hearing Requirements in Child Abuse and Neglect Cases: The West Virginia Supreme Court's Ruling in In re EMILY G. Introduction In the landmark case In re EMILY G., 224 W. Va. 390 (2009),...

Affirmation of Habeas Corpus Denial: Standards for False Testimony and Double Jeopardy in West Virginia

Date: Oct 10, 2009

Affirmation of Habeas Corpus Denial: Standards for False Testimony and Double Jeopardy in West Virginia Introduction In the case of State of West Virginia ex rel. Warren D. Franklin v. Thomas...

Quantified Immunity and Supervisory Liability in West Virginia: Robinson v. Pack

Date: Jun 19, 2009

Qualified Immunity and Supervisory Liability in West Virginia: Robinson v. Pack Introduction In Robinson v. Pack, 223 W. Va. 828 (2009), the Supreme Court of Appeals of West Virginia addressed...

West Virginia Supreme Court Establishes Strict Requirements for Municipal DUI Ordinances

Date: Jun 12, 2009

West Virginia Supreme Court Establishes Strict Requirements for Municipal DUI Ordinances Introduction In the case of Sharon G. Noble v. West Virginia Department of Motor Vehicles, the Supreme Court...

West Virginia Supreme Court Re-defines Self-Defense in Domestic Violence Cases

Date: Jun 5, 2009

West Virginia Supreme Court Re-defines Self-Defense in Domestic Violence Cases Introduction In the landmark case State of West Virginia v. Tanya D. Harden, decided on June 4, 2009, the Supreme Court...

Separation of Powers Affirmed in Workers' Compensation Rule-Making

Date: May 1, 2009

Separation of Powers Affirmed in Workers' Compensation Rule-Making Introduction The case of Thomas D. Simpson v. West Virginia Office of the Insurance Commissioner, and Independence Coal Company,...

Admission of Collateral Crimes Under Rule 404(b): Analysis of STATE v. Willett

Date: Jan 31, 2009

Admission of Collateral Crimes Under Rule 404(b): Analysis of STATE v. Willett Introduction STATE of West Virginia v. Gloria Jean Willett, 223 W. Va. 394 (2009), is a seminal case adjudicated by the...

At-Will Employment Affirmed: Hatfield v. Health Management Associates of West Virginia

Date: Dec 13, 2008

At-Will Employment Affirmed: Hatfield v. Health Management Associates of West Virginia Introduction The case of Crystal A. Hatfield v. Health Management Associates of West Virginia, Inc. serves as a...

West Virginia Supreme Court Refines Standards for Summary Judgment in Governmental Tort Claims

Date: Nov 22, 2007

West Virginia Supreme Court Refines Standards for Summary Judgment in Governmental Tort Claims Introduction In the case of Grady Colin Kelley, II, and Frieda Carol Kelley v. The City of Williamson,...

Comprehensive Commentary on In re: RANDY H., April G., Brittany T., and Megan H. (220 W. Va. 122)

Date: Dec 1, 2006

Enhancing Judicial Oversight in Child Abuse and Neglect Proceedings: Insights from In re: RANDY H., April G., Brittany T., and Megan H. Introduction The case of In re: RANDY H., April G., Brittany...

Enhancing Confrontation Clause Protections in Domestic Violence Prosecutions: State of West Virginia v. Mechling

Date: Jul 1, 2006

Enhancing Confrontation Clause Protections in Domestic Violence Prosecutions: State of West Virginia v. Mechling Introduction State of West Virginia v. James Allen Mechling is a pivotal case...

Judicial Authority to Restrict Pro Se Inmate Communications: An Analysis of Mathena et al. v. Haines

Date: Jun 27, 2006

Judicial Authority to Restrict Pro Se Inmate Communications: An Analysis of Mathena et al. v. Haines Introduction The case of Mathena, Roger Sullivan et al. v. William S. Haines addressed significant...

Clarification on Royalty Calculations at the Wellhead: West Virginia Supreme Court Establishes New Precedent

Date: Jun 16, 2006

Clarification on Royalty Calculations at the Wellhead: West Virginia Supreme Court Establishes New Precedent Introduction The Supreme Court of Appeals of West Virginia, in the seminal case Estate of...

Affirmation of Summary Judgment in Age Discrimination Case under West Virginia Human Rights Act

Date: Jun 16, 2006

Affirmation of Summary Judgment in Age Discrimination Case under West Virginia Human Rights Act Introduction The case of Margaret A. Johnson v. Scott M. Killmer, M.D. and Bryan K. Richmond, M.D....

Petry v. Stump: Strengthening Due Process in License Revocation Through Administrative Timeliness

Date: May 25, 2006

Petry v. Stump: Strengthening Due Process in License Revocation Through Administrative Timeliness Introduction Petry v. Stump (219 W. Va. 197) is a landmark case adjudicated by the Supreme Court of...

Clark v. Druckman: Expansion of Litigation Privilege and Clarification of Attorney Duties

Date: Dec 1, 2005

Clark v. Druckman: Expansion of Litigation Privilege and Clarification of Attorney Duties Introduction In the landmark case of Carolyn Clark, M.D., Plaintiff Below, Respondent, v. William Druckman et...

Mandatory Multidisciplinary Treatment Planning in Juvenile Delinquency Proceedings Established in State v. Brandon B. & JaQuin B.

Date: Nov 18, 2005

Mandatory Multidisciplinary Treatment Planning in Juvenile Delinquency Proceedings Established in State of West Virginia v. Brandon B. & JaQuin B. Introduction The case of State of West Virginia v....

Unemployment Compensation Denied: Resignation Without Employer-Fault-based Good Cause – ADKINS v. GATSON

Date: Nov 18, 2005

Unemployment Compensation Denied: Resignation Without Employer-Fault-based Good Cause – ADKINS v. GATSON Introduction ADKINS v. GATSON is a pivotal case adjudicated by the Supreme Court of Appeals of...