6 West Virginia opinions name it 2 courts 1992–2024 1 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.
| Case | Followed | Cited |
|---|---|---|
Knotts v. Grafton City Hospitalgreen2 sentences2024The court further noted that, in order to prove an age discrimination claim, Ms. Judy had to show that she was “replaced” by a “substantially younger” person who “engaged in the same or similar conduct for which she faced an adverse employment decision.” As to what constitutes “substantially younger,” our Supreme Court has stated, “[w]hile we decline to adopt a bright-line rule, we note that ‘[a]ge differences of ten or more years have generally been held to be sufficiently substantial’ to satisfy the ‘substantially younger’ rule.” Knotts v. Grafton City Hosp., 237 W. 2024Va. 169, 179-80 , 786 S.E.2d 188, 198-99 (2016). | 1 | 1 |
Johnson v. Killmergreen2 sentences2017While it was mentioned in the context of an age discrimination claim, we previously agreed with a circuit court that “[a]n unfortunate fact of life is that the modern workplace is sometimes a rough and tumble environment, where pettiness, inconsideration and discourtesy reign. . . .” Johnson v. Killmer, 219 W.Va. 320, 326 , 633 S.E.2d 265, 271 (2006). 2017While it was mentioned in the context of an age discrimination claim, we previously agreed with a circuit court that “[a]n unfortunate fact of life is that the modern workplace is sometimes a rough and tumble environment, where pettiness, inconsideration and discourtesy reign. . . .” Johnson v. Killmer, 219 W.Va. 320, 326 , 633 S.E.2d 265, 271 (2006). | 1 | 1 |
Yageman v. Vista Maria, Sisters of the Good Shepherdgreen1 sentence1992See Yageman v. Vista Maria, Sisters of the Good Shepherd, 767 F.Supp. 144 (E.D.Mich.1991); Clark v. Coats & Clark, Inc., 865 F.2d 1237 (11th Cir.1989). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gilmer v. Interstate/Johnson Lane Corp.
green
2 sentences2005Several years later, the Supreme Court found no inherent problem with statutory claims such as a Human Rights Act claim being part of an arbitration agreement enforceable pursuant to the FAA. “ ‘By agreeing to arbitrate a statutory claim, a party does not forgo the substantive rights afforded by that statute; it only submits their resolution in an arbitral, rather than judicial, forum.’ Mitsubishi [Motors Corp. v. Soler Chrysler-Plymouth, Inc.], 473 U.S. [614, 105 S.Ct. 3346 , 87 L.Ed.2d 444 (1985) ], at 628[ 105 S.Ct. 3346 ].” Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 26 , 111 S.C 2005Several years later, the Supreme Court found no inherent problem with statutory claims such as a Human Rights Act claim being part of an arbitration agreement enforceable pursuant to the FAA. “ ‘By agreeing to arbitrate a statutory claim, a party does not forgo the substantive rights afforded by that statute; it only submits their resolution in an arbitral, rather than judicial, forum.’ Mitsubishi [Motors Corp. v. Soler Chrysler-Plymouth, Inc.], 473 U.S. [614, 105 S.Ct. 3346 , 87 L.Ed.2d 444 (1985) ], at 628[ 105 S.Ct. 3346 ].” Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 26 , 111 S.C | 1 | 2005–2005 |
Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.
green
2 sentences2005Several years later, the Supreme Court found no inherent problem with statutory claims such as a Human Rights Act claim being part of an arbitration agreement enforceable pursuant to the FAA. “ ‘By agreeing to arbitrate a statutory claim, a party does not forgo the substantive rights afforded by that statute; it only submits their resolution in an arbitral, rather than judicial, forum.’ Mitsubishi [Motors Corp. v. Soler Chrysler-Plymouth, Inc.], 473 U.S. [614, 105 S.Ct. 3346 , 87 L.Ed.2d 444 (1985) ], at 628[ 105 S.Ct. 3346 ].” Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 26 , 111 S.C 2005Several years later, the Supreme Court found no inherent problem with statutory claims such as a Human Rights Act claim being part of an arbitration agreement enforceable pursuant to the FAA. “ ‘By agreeing to arbitrate a statutory claim, a party does not forgo the substantive rights afforded by that statute; it only submits their resolution in an arbitral, rather than judicial, forum.’ Mitsubishi [Motors Corp. v. Soler Chrysler-Plymouth, Inc.], 473 U.S. [614, 105 S.Ct. 3346 , 87 L.Ed.2d 444 (1985) ], at 628[ 105 S.Ct. 3346 ].” Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 26 , 111 S.C | 1 | 2005–2005 |
McKennon v. Nashville Banner Publishing Co.
green
2 sentences1996In McKennon v. Nashville Banner Publishing Co., 513 U.S. 352 , 115 S.Ct. 879 , 130 L.Ed.2d 852 (1995), the plaintiff employee sued the defendant employer claiming that she had been improperly terminated in violation of the Age Discrimination in Employment Act. 29 During discovery, the employer learned, through deposing the employee, that, while working for the employer, she had breached the employer’s confidentiality policy by copying and removing certain business records. 1996In McKennon v. Nashville Banner Publishing Co., 513 U.S. 352 , 115 S.Ct. 879 , 130 L.Ed.2d 852 (1995), the plaintiff employee sued the defendant employer claiming that she had been improperly terminated in violation of the Age Discrimination in Employment Act. 29 During discovery, the employer learned, through deposing the employee, that, while working for the employer, she had breached the employer’s confidentiality policy by copying and removing certain business records. | 1 | 1996–1996 |
Kanawha Valley Regional Transportation Authority v. West Virginia Human Rights Commission
green
2 sentences1993In Kanawha Valley Regional Transportation Authority v. West Virginia Human Rights Commission, 181 W.Va. 675 , 383 S.E.2d 857 (1989), this Court addressed an age discrimination claim in the context of a reduction in force. 1993In Kanawha Valley Regional Transportation Authority v. West Virginia Human Rights Commission, 181 W.Va. 675 , 383 S.E.2d 857 (1989), this Court addressed an age discrimination claim in the context of a reduction in force. | 1 | 1993–1993 |
Bill Clark, Herbert Futch, Austin Hurst, Louis Sliker and William Barrineau v. Coats & Clark, Inc.
green
1 sentence1992See Yageman v. Vista Maria, Sisters of the Good Shepherd, 767 F.Supp. 144 (E.D.Mich.1991); Clark v. Coats & Clark, Inc., 865 F.2d 1237 (11th Cir.1989). | 1 | 1992–1992 |
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.
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.