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Adrian Osborne v. Kevin Mace, M.D., Montana Boyce, R.N., United Hospital Center, Inc., and West Virginia University Board of Governors (Judge White, concurring)

Intermediate Court of Appeals of West Virginia

Decided November 12, 2025No. 25-ica-72Separate

1Opinion of the Court

No. 25-ICA-72 - Adrian Osborne v. Kevin Mace, M.D., Montana Boyce, R.N., United Hospital Center, Inc., and West Virginia University Board of Governors FILED November 12, 2025 released at 3:00 p.m. WHITE, Judge, concurring: ASHLEY N. DEEM, CHIEF DEPUTY CLERK INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA I concur with Judge Greear’s opinion and its sound reasoning regarding the application of the rational basis test to § 55-7B-4(c). I am writing a concurrence in order to further develop why Whitlow v. Board of Education of Kanawha County, 190 W. Va. 223,

438 S.E.2d 15

(1993) is not outcome…

2Cases cited17 opinions

  1. Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
  2. Oregon v. HassSupreme Court of the United States · 1975
  3. Schweiker v. WilsonSupreme Court of the United States · 1981
  4. Michael H. v. Gerald D.Supreme Court of the United States · 1989
  5. Appalachian Power Co. v. State Tax DepartmentWest Virginia Supreme Court · 1995

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