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Category Archives: Appeals

City of Marmet v. Hunter – PFFB&P Wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously reversed the Kanawha County Circuit Court’s denial of our client’s motion for summary judgment based upon the statutory immunity of the City of Marmet and its police officer as governed by the West Virginia Government Tort Claims and Insurance Reform Act found at […]

B.R. v. WVDHHR – PFFB&P Wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the Kanawha County Circuit Court’s granting of the motion to dismiss based upon the qualified immunity of the West Virginia Department of Health and Human Resources, the Bureau for Children and Families and Child Protective Services.  The Petitioner alleged a sole negligence […]

Day v. WVDMAPS – PFFB&P wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals affirmed the Kanawha County Circuit Court finding that the Capitol Police did not wrongfully discharge the Petitioner.  In Day v. WV Dept. of Military Affairs and Public Safety the Court affirmed the judgement as a matter of law that was granted in favor of […]

Davis v. Schooley – PFFB&P wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the Randolph County Circuit Court and confirmed the limitations on a party’s ability to refile dismissed cases under the West Virginia Savings Statute.  PFFB&P attorneys Matthew Whitler and Anthony Delligatti were successful in arguing to the West Virginia Supreme Court of Appeals […]

Heaster v. Robinson – PFFB&P wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the decision of a three-judge panel that granted a county commissioner’s motion for judgment as a matter of law at the close of the citizen group’s case-in-chief.  The citizen group sought to remove a County Commissioner under West Virginia Code 6-6-7 for […]

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