Legal Opinion

STATE EX REL. RADCLIFF v. Davidson

West Virginia Supreme Court

Decided January 29, 2010No. 34737PublishedCited by 2 opinions

1Per curiam

In this appeal from the Circuit Court of Cabell County, we are asked to consider a circuit court order dismissing, with prejudice, a collection action. The circuit court concluded that the appellant had not introduced evidence establishing the amount of damages it was entitled to collect from the appellee.

As set forth below, we find that the record clearly established the damages due to the appellant, and reverse the circuit court’s order.

I

The appellant in this ease is the Commissioner of the Unemployment Compensation Division of Workforce West Virginia. 1 The Commissioner seeks to recover…

2Cases cited4 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Public Citizen, Inc. v. First National Bank in FairmontWest Virginia Supreme Court · 1996
  3. Frank's Shoe Store v. West Virginia Human Rights CommissionWest Virginia Supreme Court · 1986
  4. Phillips v. FoxWest Virginia Supreme Court · 1995

3Cited by2 opinions

  1. Deborah Beheler Baldwin v. Scott A. Adkins, in his official capacity as Acting Commissioner of WorkForce West Virginia, and WorkForce West Virginia Board of ReviewIntermediate Court of Appeals of West Virginia · 2024
  2. SER Scott A. Adkins, in his official capacity as Acting Commissioner of Workforce WV and Workforce WV v. Judge Jennifer Bailey, Deborah Beheler Baldwin, Dennis R. Chambers, Linda Warner, Ashleah Murphy, Kelly Hardy, and Brittany GandeeWest Virginia Supreme Court · 2025

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