Legal Opinion

Toth v. Board of Parks & Recreation Commissioners

West Virginia Supreme Court

Decided December 11, 2003No. 31340PublishedCited by 35 opinions

1Opinion of the Court

DAVIS, Justice:

In this appeal from an order granting partial summary judgment, Ms. Geraldine Toth asks this Court to recognize a cause of action against a potential employer for failure to hire allegedly based upon the applicant’s history of suing a former employer for wrongful discharge. After clarifying that partial summary judgment orders, like summary judgment orders, must contain adequate findings and conclusions to permit meaningful review, we conclude that we need not reach the issue of whether to recognize the cause of action suggested by Ms. Toth. We need not reach the issue because,…

2Cases cited13 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Painter v. PeavyWest Virginia Supreme Court · 1994
  3. Rutan v. Republican Party of IllinoisSupreme Court of the United States · 1990
  4. Aetna Casualty & Surety Co. v. Federal Insurance Co. of New YorkWest Virginia Supreme Court · 1963
  5. Andrick v. Town of BuckhannonWest Virginia Supreme Court · 1992

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3Cited by35 opinions

  1. State of W.Va. ex rel. Vanderra Resources, LLC v. Hon. David W. Hummel, Jr., Chesapeake Appalachia, LLC and Kanawha Stone Company, Inc.West Virginia Supreme Court · 2019
  2. West Virginia Department of Health & Human Resources v. PayneWest Virginia Supreme Court · 2013
  3. Merrill v. West Virginia Department of Health & Human ResourcesWest Virginia Supreme Court · 2006
  4. Pruitt v. West Virginia Department of Public SafetyWest Virginia Supreme Court · 2008
  5. J.A. Street & Associates, Inc. v. Thundering Herd Development, Inc.West Virginia Supreme Court · 2011

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