continuing violation in West Virginia

14 West Virginia opinions name it 2 courts 1981–2025 2 in the last five years

The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

Case	Followed	Cited
Kennan v. Pan American World Airways, Inc.green cand · 1976 · cited in 2 West Virginia opinions naming this issue, 1981–1981 2 sentences 1981See, e. g., Kennan v. Pan American World Airways, Inc., 424 F.Supp. 721 (N.D.Cal.1976). 1981See, e.g., Kennan v. Pan American World Airways, Inc., 424 F. Supp. 721 (N.D.	2	2
City of Brooksville v. HERNANDO CTY.green fladistctapp · 1982 · cited in 1 West Virginia opinions naming this issue, 2025–2025 1 sentence 2025See, e.g., Townes v. Rusty Ellis Builder, Inc., 98 So. 3d 1046, 1055 (Miss. 2012) (“The Court will not apply equitable estoppel to prevent a time bar where good-faith settlement negotiations are the only evidence submitted by the plaintiff.”); City of Brooksville v. Hernando Cnty., 424 So. 2d 846, 848 (Fla. Dist.	1	1
Townes v. Rusty Ellis Builder, Inc.green miss · 2012 · cited in 1 West Virginia opinions naming this issue, 2025–2025 1 sentence 2025See, e.g., Townes v. Rusty Ellis Builder, Inc., 98 So. 3d 1046, 1055 (Miss. 2012) (“The Court will not apply equitable estoppel to prevent a time bar where good-faith settlement negotiations are the only evidence submitted by the plaintiff.”); City of Brooksville v. Hernando Cnty., 424 So. 2d 846, 848 (Fla. Dist.	1	1
Ingram v. City of Princetongreen wva · 2000 · cited in 1 West Virginia opinions naming this issue, 2017–2017 2 sentences 2017Noteworthy is the language expressed in syllabus point 4 of Lipscomb v. Tucker County Comm’n, 197 W.Va. 84 , 475 S.E.2d 84 (1996), wherein this Court held: "A claim for unpaid wages under the West Virginia Wage and Payment Collection Act is a continuing claim, and, therefore, a separate cause of action accrues each payday that the employer refuses to pay the wages claimed.” Accord Ingram v. City of Princeton, 208 W.Va. 352, 356 , 540 S.E.2d 569, 573 (2000). 2017Noteworthy is the language expressed in syllabus point 4 of Lipscomb v. Tucker County Comm’n, 197 W.Va. 84 , 475 S.E.2d 84 (1996), wherein this Court held: "A claim for unpaid wages under the West Virginia Wage and Payment Collection Act is a continuing claim, and, therefore, a separate cause of action accrues each payday that the employer refuses to pay the wages claimed.” Accord Ingram v. City of Princeton, 208 W.Va. 352, 356 , 540 S.E.2d 569, 573 (2000).	1	1
cluster 391147green ca9 · 1981 · cited in 1 West Virginia opinions naming this issue, 2007–2007 2 sentences 2007See also Ward v. Caulk, 650 F.2d 1144 (9th Cir.1981) (a continuing violation sufficient to toll a statute of limitations is occasioned by continual unlawful acts, not by continual ill effects from an original violation); Defnet v. City of Detroit, 327 Mich. 254 , 41 N.W.2d 539 (1950) (a continuing tort occurs when all elements of the tort continue, not simply the damage element); Holland v. City of Geddes, 610 N.W.2d 816 (S.D.2000) (a continual consequence from a solitary unlawful act is not a continuing tort). 2007See also Ward v. Caulk, 650 F.2d 1144 (9th Cir.1981) (a continuing violation sufficient to toll a statute of limitations is occasioned by continual unlawful acts, not by continual ill effects from an original violation); Defnet v. City of Detroit, 327 Mich. 254 , 41 N.W.2d 539 (1950) (a continuing tort occurs when all elements of the tort continue, not simply the damage element); Holland v. City of Geddes, 610 N.W.2d 816 (S.D.2000) (a continual consequence from a solitary unlawful act is not a continuing tort).	1	1
Lipscomb v. Tucker County Commissiongreen wva · 1999 · cited in 1 West Virginia opinions naming this issue, 2000–2000 2 sentences 2000See Lipscomb v. Tucker County Com'n (II), 206 W.Va. 627 , 527 S.E.2d. 171 (1999) (hereinafter referred to as " Lipscomb II "); Lawson v. County Com'n of Mercer County, 199 W.Va. 77 , 483 S.E.2d 77 (1996) (per curiam) (implicitly recognizing application of Act to county). 2000See Lipscomb v. Tucker County Com'n (II), 206 W.Va. 627 , 527 S.E.2d. 171 (1999) (hereinafter referred to as " Lipscomb II "); Lawson v. County Com'n of Mercer County, 199 W.Va. 77 , 483 S.E.2d 77 (1996) (per curiam) (implicitly recognizing application of Act to county).	1	1
Greyhound Lines-East v. Geigergreen wva · 1988 · cited in 1 West Virginia opinions naming this issue, 1989–1989 2 sentences 1989For example, although the issue of limits on back pay was apparently not raised in Greyhound Lines-East v. Geiger, 179 W.Va. 174, 178 , 366 S.E.2d 135, 139 (1988), this Court, in a continuing violation case, affirmed the award of back pay commencing with the effective date of the reenactment of the West Virginia Human Rights Act, specifically, July 1, 1967, for violations starting prior to that date. 1989For example, although the issue of limits on back pay was apparently not raised in Greyhound Lines-East v. Geiger, 179 W.Va. 174, 178 , 366 S.E.2d 135, 139 (1988), this Court, in a continuing violation case, affirmed the award of back pay commencing with the effective date of the reenactment of the West Virginia Human Rights Act, specifically, July 1, 1967, for violations starting prior to that date.	1	1
Greyhound Lines—East v. Geigergreen wva · 1981 · cited in 1 West Virginia opinions naming this issue, 1989–1989 2 sentences 1989The earlier case of Greyhound Lines-East v. Geiger, 168 W.Va. 229, 230 , 283 S.E.2d 858, 858 (1981), indicated that the complaint was filed with the West Virginia Human Rights Commission on January 28, 1972. 15 This Court is aware of the fact that W.Va.Code, 21-5B-4(l)(a) [1965], within the Equal Pay for Equal Work Act, limits an award of back pay under that Act to the one-year period preceding the commencement of an action based upon discrimina 536 tion between the sexes in the payment of wages for work of comparable character requiring comparable skills. 1989The earlier case of Greyhound Lines-East v. Geiger, 168 W.Va. 229, 230 , 283 S.E.2d 858, 858 (1981), indicated that the complaint was filed with the West Virginia Human Rights Commission on January 28, 1972. 15 This Court is aware of the fact that W.Va.Code, 21-5B-4(l)(a) [1965], within the Equal Pay for Equal Work Act, limits an award of back pay under that Act to the one-year period preceding the commencement of an action based upon discrimina 536 tion between the sexes in the payment of wages for work of comparable character requiring comparable skills.	1	1
Frank HERMAN and Frank Mullaney, Plaintiffs-Appellants, v. NATIONAL BROADCASTING COMPANY, INC., Defendant-Appelleegreen ca7 · 1984 · cited in 1 West Virginia opinions naming this issue, 1988–1988 1 sentence 1988See also Herman v. National Broadcasting Co., 744 F.2d 604, 606 (7th Cir.1984), cert. denied, 470 U.S. 1028 , 105 S.Ct. 1393 , 84 L.Ed.2d 782 (1985); No *422 gar v. Henry F. Teichmann, Inc., 640 F.Supp. 365, 369 (W.D.Pa.1985), aff'd without opinion, 800 F.2d 1137 (1986).	1	1
Nogar v. Henry F. Teichmann, Inc.green pawd · 1985 · cited in 1 West Virginia opinions naming this issue, 1988–1988 1 sentence 1988See also Herman v. National Broadcasting Co., 744 F.2d 604, 606 (7th Cir.1984), cert. denied, 470 U.S. 1028 , 105 S.Ct. 1393 , 84 L.Ed.2d 782 (1985); No *422 gar v. Henry F. Teichmann, Inc., 640 F.Supp. 365, 369 (W.D.Pa.1985), aff'd without opinion, 800 F.2d 1137 (1986).	1	1
Vance v. Tennessee Valley Authoritygreen scotus · 1985 · cited in 1 West Virginia opinions naming this issue, 1988–1988 1 sentence 1988See also Herman v. National Broadcasting Co., 744 F.2d 604, 606 (7th Cir.1984), cert. denied, 470 U.S. 1028 , 105 S.Ct. 1393 , 84 L.Ed.2d 782 (1985); No *422 gar v. Henry F. Teichmann, Inc., 640 F.Supp. 365, 369 (W.D.Pa.1985), aff'd without opinion, 800 F.2d 1137 (1986).	1	1
National Broadcasting Co. v. Hermangreen scotus · 1985 · cited in 1 West Virginia opinions naming this issue, 1988–1988 2 sentences 1988See also Herman v. National Broadcasting Co., 744 F.2d 604, 606 (7th Cir.1984), cert. denied, 470 U.S. 1028 , 105 S.Ct. 1393 , 84 L.Ed.2d 782 (1985); No 422 gar v. Henry F. Teichmann, Inc., 640 F.Supp. 365, 369 (W.D.Pa.1985), aff'd without opinion, 800 F.2d 1137 (1986). 1988See also Herman v. National Broadcasting Co., 744 F.2d 604, 606 (7th Cir.1984), cert. denied, 470 U.S. 1028 , 105 S.Ct. 1393 , 84 L.Ed.2d 782 (1985); No 422 gar v. Henry F. Teichmann, Inc., 640 F.Supp. 365, 369 (W.D.Pa.1985), aff'd without opinion, 800 F.2d 1137 (1986).	1	1
Montgomery Ward & Co. v. Fair Employment Practices Commissiongreen illappct · 1977 · cited in 1 West Virginia opinions naming this issue, 1981–1981 2 sentences 1981Our definition of continuing violations [6] is similar to that in Montgomery Ward v. Fair Employment Practices Commission, 49 Ill.App.3d 796 , 8 Ill.Dec. 297 , 365 N.E.2d 535, 541-42 (1977), reh. denied, 365 N.E.2d 542 . 659 The court listed three factors to identify a continuing violation: (1) Showing that the employee was an actual victim of the discriminatory act. (2) This discrimination placed the employee in an inferior status due to subsequent application of an employment policy such as seniority, and (3) That the effects of the past discrimination continued at least to a date within th 1981Our definition of continuing violations [6] is similar to that in Montgomery Ward v. Fair Employment Practices Commission, 49 Ill.App.3d 796 , 8 Ill.Dec. 297 , 365 N.E.2d 535, 541-42 (1977), reh. denied, 365 N.E.2d 542 . 659 The court listed three factors to identify a continuing violation: (1) Showing that the employee was an actual victim of the discriminatory act. (2) This discrimination placed the employee in an inferior status due to subsequent application of an employment policy such as seniority, and (3) That the effects of the past discrimination continued at least to a date within th	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Lipscomb v. Tucker County Commission green wva · 1996 2 sentences 2024Va. 84 , 475 S.E.2d 84 (1996), “[a] claim for unpaid wages under the [WPCA] is a continuing claim, and . . . a separate cause of action accrues each payday that the employer refuses to pay the wages claimed.” Lipscomb, 197 W. 2024Va. 84 , 475 S.E.2d 84 (1996), “[a] claim for unpaid wages under the [WPCA] is a continuing claim, and . . . a separate cause of action accrues each payday that the employer refuses to pay the wages claimed.” Lipscomb, 197 W.	3	2000–2024
Independent Fire Co. No. 1 v. West Virginia Human Rights Commission green wva · 1988 2 sentences 2017Va. Human Rights Comm'n , 180 W. 2017Va. Human Rights Comm’n, 180 W.	2	2017–2017
United Air Lines, Inc. v. Evans green scotus · 1977 2 sentences 1981The continuing violation theory has been substantially limited by the United States Supreme Court in United Airlines v. Evans, 431 U.S. 553 , 97 S.Ct. 1885 , 52 L.Ed.2d 571 (1977), which involved an airline employee who was required to resign when she married because company policy prohibited married flight attendants. 1981The continuing violation theory has been substantially limited by the United States Supreme Court in United Airlines v. Evans, 431 U.S. 553 , 97 S.Ct. 1885 , 52 L.Ed.2d 571 (1977), which involved an airline employee who was required to resign when she married because company policy prohibited married flight attendants.	2	1981–1981
Roberts v. West Virginia American Water Co. green wva · 2007 1 sentence 2017Pt. 4, id.	1	2017–2017
Martin v. Randolph County Board of Education green wva · 1995 2 sentences 2016Mr. Straley argues that the BOE’s “failure to create a separate contract for [his] regular and extra curricular runs constitutes a continuing violation of the law that repeats itself every time Mr. Straley is required to perform the extra curricular portions of his duties.” Relying on Martin v. Randolph County Board of Education, 195 W. 2016Va. 297 , 465 S.E.2d 399 (1995), he declares that his arrangement with the BOE is akin to a “misclassification” constituting a continuing practice under West Virginia Code § 6C-2 4(a)(1).	1	2016–2016
Holland v. City of Geddes green sd · 2000 2 sentences 2007See also Ward v. Caulk, 650 F.2d 1144 (9th Cir.1981) (a continuing violation sufficient to toll a statute of limitations is occasioned by continual unlawful acts, not by continual ill effects from an original violation); Defnet v. City of Detroit, 327 Mich. 254 , 41 N.W.2d 539 (1950) (a continuing tort occurs when all elements of the tort continue, not simply the damage element); Holland v. City of Geddes, 610 N.W.2d 816 (S.D.2000) (a continual consequence from a solitary unlawful act is not a continuing tort). 2007See also Ward v. Caulk, 650 F.2d 1144 (9th Cir.1981) (a continuing violation sufficient to toll a statute of limitations is occasioned by continual unlawful acts, not by continual ill effects from an original violation); Defnet v. City of Detroit, 327 Mich. 254 , 41 N.W.2d 539 (1950) (a continuing tort occurs when all elements of the tort continue, not simply the damage element); Holland v. City of Geddes, 610 N.W.2d 816 (S.D.2000) (a continual consequence from a solitary unlawful act is not a continuing tort).	1	2007–2007
Defnet v. City of Detroit green mich · 1950 2 sentences 2007See also Ward v. Caulk, 650 F.2d 1144 (9th Cir.1981) (a continuing violation sufficient to toll a statute of limitations is occasioned by continual unlawful acts, not by continual ill effects from an original violation); Defnet v. City of Detroit, 327 Mich. 254 , 41 N.W.2d 539 (1950) (a continuing tort occurs when all elements of the tort continue, not simply the damage element); Holland v. City of Geddes, 610 N.W.2d 816 (S.D.2000) (a continual consequence from a solitary unlawful act is not a continuing tort). 2007See also Ward v. Caulk, 650 F.2d 1144 (9th Cir.1981) (a continuing violation sufficient to toll a statute of limitations is occasioned by continual unlawful acts, not by continual ill effects from an original violation); Defnet v. City of Detroit, 327 Mich. 254 , 41 N.W.2d 539 (1950) (a continuing tort occurs when all elements of the tort continue, not simply the damage element); Holland v. City of Geddes, 610 N.W.2d 816 (S.D.2000) (a continual consequence from a solitary unlawful act is not a continuing tort).	1	2007–2007
Lawson v. County Commission of Mercer County green wva · 1996 2 sentences 2000See Lipscomb v. Tucker County Com'n (II), 206 W.Va. 627 , 527 S.E.2d. 171 (1999) (hereinafter referred to as " Lipscomb II "); Lawson v. County Com'n of Mercer County, 199 W.Va. 77 , 483 S.E.2d 77 (1996) (per curiam) (implicitly recognizing application of Act to county). 2000See Lipscomb v. Tucker County Com'n (II), 206 W.Va. 627 , 527 S.E.2d. 171 (1999) (hereinafter referred to as " Lipscomb II "); Lawson v. County Com'n of Mercer County, 199 W.Va. 77 , 483 S.E.2d 77 (1996) (per curiam) (implicitly recognizing application of Act to county).	1	2000–2000
Paxton v. Crabtree green wva · 1990 2 sentences 1999The continuing violation doctrine is available as mechanism to toll the statute of limitations and is not appropriate for consideration in this context. [16] We acknowledged in Paxton v. Crabtree, 184 W.Va. 237 , 400 S.E.2d 245 (1990), that two types of "tests have developed for imposing liability on an employer for discriminatory acts of its employees." 184 W.Va. at 245 , 400 S.E.2d at 253 . 1999The continuing violation doctrine is available as mechanism to toll the statute of limitations and is not appropriate for consideration in this context. [16] We acknowledged in Paxton v. Crabtree, 184 W.Va. 237 , 400 S.E.2d 245 (1990), that two types of "tests have developed for imposing liability on an employer for discriminatory acts of its employees." 184 W.Va. at 245 , 400 S.E.2d at 253 .	1	1999–1999
cluster 476079 green ca1 · 1986 1 sentence 1988See also Herman v. National Broadcasting Co., 744 F.2d 604, 606 (7th Cir.1984), cert. denied, 470 U.S. 1028 , 105 S.Ct. 1393 , 84 L.Ed.2d 782 (1985); No *422 gar v. Henry F. Teichmann, Inc., 640 F.Supp. 365, 369 (W.D.Pa.1985), aff'd without opinion, 800 F.2d 1137 (1986).	1	1988–1988

Statutes the citing opinions construe

WV § W. Va. Code § 5-11-1 (4) WV § W. Va. Code § 21-5-1 (3) WV § W. Va. Code § 55-2-12 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 155 (1941–2026) NY 113 (1910–2026) TX 101 (1960–2025) IL 91 (1910–2026) NJ 86 (1971–2026) MA 60 (1971–2025) PA 49 (1932–2026) NC 32 (1969–2025) AL 30 (1984–2023) WA 30 (1984–2026) OH 25 (1995–2026) MD 24 (1972–2021) CT 24 (1987–2024) MO 22 (1980–2025) FL 21 (1974–2025) MN 21 (1983–2025) MI 19 (1972–2024) IA 18 (1990–2021) GA 18 (1940–2024) DC 17 (1980–2020) TN 17 (1995–2026) LA 16 (1979–2019) WV 14 (1981–2025) WI 13 (1924–2026) VA 12 (1999–2025) CO 12 (1989–2026) VT 11 (1996–2026) OK 11 (1916–2014) ME 9 (1996–2025) WY 8 (1939–2000) NM 8 (1995–2018) AZ 8 (2008–2021) KS 7 (1980–2025) NH 7 (2006–2016) OR 7 (1977–2023) DE 6 (2015–2024) IN 6 (1984–2023) RI 6 (2005–2026) MS 6 (1940–2018) ID 5 (1984–2008) AK 5 (1994–2022) MT 5 (1999–2022) NE 4 (1929–2007) VI 4 (2005–2024) SD 4 (1980–2000) KY 4 (1992–2023) SC 3 (2015–2018) UT 2 (1992–2019) ND 2 (2009–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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