Legal Opinion · Concurring in part, dissenting in part

Bine v. Owens

West Virginia Supreme Court

Decided January 12, 2001No. 27685Published

1Concurring in part, dissenting in partMcGRAW, Justice

(Filed Jan. 12, 2001)

I concur that the lower court erred in granting summary judgment against the Bines on them claims of defamation, false light, and intentional infliction of emotional distress. However I disagree with the majority decision regarding the wrongful discharge and Wage Payment and Collection Act claims.

As for the Wage Payment and Collection Act claim, the majority notes that the copies of checks issued by Mr. Bine’s employer are illegible and that therefore this Court cannot say that lower court erred.

As we have often noted: “The West Virginia Wage Payment and Collection Act is…

2Cases cited8 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. Williams v. Precision Coil, Inc.West Virginia Supreme Court · 1995
  3. Cook v. Heck's Inc.West Virginia Supreme Court · 1986
  4. Mullins v. VenableWest Virginia Supreme Court · 1982
  5. Lipscomb v. Tucker County CommissionWest Virginia Supreme Court · 1999

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