Representative Reported Cases

Photo of Representative Reported Cases

• Verizon Services Corp. v. Board of Review of Workforce West Virginia, 2013 WL 5967047, No. 12-1106 (W.Va. Supreme Court, November 8, 2013) (memorandum decision) (3-2 decision analyzing “stoppage of work” issue in the context of whether claimants were disqualified from receiving unemployment compensation benefits as a result of their two week labor strike) • Hope v. Board of Directors of Kanawha Public Service Dist., 2013 WL 3340699 (S.D.W.Va. July 2, 2013) (granting motion to dismiss claims alleging retaliatory discharge, intentional infliction of emotional distress, and federal and state constitutional due process violations) • Verizon Services Corp. v. Epling, 230 W.Va. 439, 739 S.E.2d 290 (2013) (claimant was disqualified from receiving unemployment compensation benefits based on change in work schedule where the potential for change was communicated prior to employment and was consistent with the terms of the parties’ collective bargaining agreement) • Porter v. Petroleum Transport, Inc., 2012 WL 3918356 (S.D.W.Va. Sept. 7, 2012) (granting motion for partial summary judgment on the issue of “willfulness” and determining that two year rather than three year statute of limitations was applicable to a collective action brought under the Fair Labor Standards Act) • Elswick v. Daniels Electric Inc., 787 F.Supp.2d 443 (S.D.W.Va. 2011) (granting motion to dismiss in a matter of first impression and holding that plaintiff’s claim under the West Virginia Wage Payment and Collection Act was preempted by the Labor Management Relations Act) • Deem v. BB&T Corp., 279 Fed.Appx. 283 (4th Cir. (W.Va.) 2008) (affirming district court’s dismissal of plaintiff’s claims for gender discrimination, retaliation and tortious interference on the grounds of ERISA preemption) • Casto v. American Union Boiler Company of West Virginia, 2006 WL 660458 (S.D.W.Va. March 14, 2006) (dismissing plaintiff’s age discrimination claim under the West Virginia Human Rights Act based on the doctrine of judicial estoppel) • State ex rel. Wells v. Matish, 215 W.Va. 686, 600 S.E.2d 583 (2004) (affirming circuit court’s decision which granted employer’s motion to compel former employee to submit his claims to binding arbitration pursuant to the terms of his employment agreement) • State ex rel. Sale v. Goldman, 208 W.Va. 186, 539 S.E.2d 446 (2000) (affirming circuit court’s decision which rejected a constitutional challenge to the City of Charleston’s curfew ordinance) • Vieweg v. Gatson, 209 W.Va. 268, 546 S.E.2d 267 (2000) (analyzing voluntarily quit provision of unemployment statute in situation where claimants’ employment were terminated prior to the date of their prospective resignations)