Database Search Result Details
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First Name
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Heimo
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Last Name
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Riedel
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Decision Date
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7/20/2018
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Docket Number
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2017-2469-WVU
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ALJ
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JSF
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Respondent
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West Virginia University
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Employment Type
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HE
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Job Title
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Professor
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Topics
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Dismissed
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Primary Issues
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Whether Respondent has proven that this grievance is precluded by the doctrine of collateral estoppel.
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Outcome
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Dismissed; Moot
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Statutes
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W. Va. Code St. R. § 156-1-6.11; W. Va. Code St. R. § 156-1-6.19; W. Va. Code § 6C-2-1
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Related Cases
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Leichliter v. W. Va. Dep’t of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Vest v. The Bd. of Educ. of the County of Nicholas, 193 W.Va. 222, 455 S.E. 2d 781(1995); Blake v. Chas. Area Medical Center, Inc. 201 W. Va. 469, 498 S.E.2d 41 (1997); Harmon v. Fayette County Bd. of Educ., Docket No. 03-10-035 (May 6, 2003); State v. Miller, 194 W. Va. 3, 459 S.E.2d 114 (1995)
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Keywords
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Motion to Dismiss; Res Judicata; Collateral Estoppel; Termination
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 8/24/18 CA# 18-AA-235 (Greer);
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Supreme Court
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Synopsis
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Grievant filed a grievance premised on the same claim of wrongful termination that had been dismissed in Docket No. 2015-1774-CONS. Respondent filed a motion to dismiss. Respondent proved by a preponderance of the evidence that Grievant was precluded from relitigating the issue of whether Grievant retired or was terminated from his employment. Accordingly, this grievance is dismissed.
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