West Virginia Supreme Court Emphasizes Heightened Pleading Standard in Cases Where Qualified Immunity Is Applicable
- posted: Apr. 15, 2019
The 2017 case West Virginia Board of Education v. Zelda Croaff featured the state Board of Education (WVBE) appealing the decision of the circuit court to deny its motion of dismissal Read More
When Is Dismissal Voluntary Under the West Virginia Savings Statute?
- posted: Mar. 15, 2019
West Virginia’s Savings Statute is meant to give plaintiffs a second chance to bring an otherwise time-barred lawsuit if their original action was filed in a timely manner and dismissed Read More
Where Do Government Facebook Posts Implicate Free Speech Rights and Give Rise to a Harless Claim?
- posted: Feb. 15, 2019
Recently, the Supreme Court of Appeals of West Virginia heard the case of Douglas A. Day vs. West Virginia Department of Military Affairs and Public Safety and the West Virginia Read More
How Far Does Free Speech Extend into the Workplace?
- posted: Jan. 15, 2019
Everyone who lives in the United States has a constitutionally protected right to free speech. But how far does that right extend into the workplace? First, it is important to understand Read More
West Virginia Supreme Court Favors Employer in Another Case Addressing Deliberate Intent
- posted: Aug. 30, 2018
FirstEnergy Generation LLC recently appealed the December 2016 order of the Circuit Court of Harrison County following an adverse jury verdict in a “deliberate intention” action filed by the plaintiffs, Read More
Has the Fourth Circuit Reversed Its Position on the Use of Handcuffs in Search and Seizure Contexts?
- posted: Aug. 15, 2018
The U.S. Court of Appeals for the Fourth Circuit recently heard the case of E.W. (a minor, case filed through mother T.W.) v. Rosemary Dolgos (a school resource officer) and Read More
Will Violations of Internal Policies Dissolve State Agencies’ Qualified Immunity Defense?
- posted: Jul. 30, 2018
In the recent case of Bill J. Crouch v. Eric Gillispie, the West Virginia Supreme Court ruled in favor of Mr. Crouch, who serves as the secretary of the West Virginia Read More