25 most recent entries:
Jnauary term opinions summarized (Jul 16 2008 17:49 GMT)
Posted today were summaries of each of the 66 opinions issued in the January 2008 term of court, comprising 26 signed opinions and 40 per curiam opinions. CASES HELD OVER: Four cases submitted for decision in the January 2008 term of court were held over, with an opinion to issue during the September term. Those cases are: (1) SAVARESE v.
ABUSE & NEGLECT :: GAL request to amend petition (Jul 16 2008 17:46 GMT)
IN RE: SUMMER D., No. 33386 (Per Curiam)(February 26, 2008). Reversing an order of the Circuit Court of Brooke County that denied a motion by the guardian ad litem to amend an abuse & neglect petition.
ABUSE & NEGLECT, GUARDIANSHIP :: Infant guardianship, overlap (Jul 16 2008 17:45 GMT)
IN RE: ABBIGAIL FAY B., No. 33716 (DAVIS, J.)(May 23, 2008).
ATTORNEY FEES, INSURANCE :: Fees allowed for litigation to reduce reimbursement claim (Jul 16 2008 17:44 GMT)
FAUBLE v. NATIONWIDE MUTUAL FIRE INSURANCE CO., et al., No. 33667 (Per Curiam)(Maynard, C.
COMPROMISE & SETTLEMENT :: Mediated settlement enforced (Jul 16 2008 17:43 GMT)
MESSER v. HUNTINGTON ANESTHESIA GROUP, INC., et al., No. 33663 (Per Curiam)(June 26, 2008).
CONTEMPT, PROPERTY, PROCEDURE :: Legal inability (Jul 16 2008 17:42 GMT)
WATSON v. SUNSET ADDITION PROPERTY OWNERS ASSOCIATION, INC., et al., No. 33338 (STARCHER, J.
CONTRACTS, PROCEDURE :: Individual cause of action, promissory estoppel (Jul 16 2008 17:42 GMT)
HOOVER v. MORAN, No. 33460 (Per Curiam)(March 14, 2008). Granting mixed relief from an order of the Circuit Court of Kanawha County that dismissed an action that sought recovery on an unwritten promise to pay a percentage of profits from the sale of a coal company. Holding that the complaint adequately set forth a cause of action against the defendant in his individual capacity.
CONTRACTS, TORTS, PROCEDURE :: Construing a forum selection clause, res judicata (Jul 16 2008 17:41 GMT)
CAPERTON, et al. v. A.T. MASSEY COAL CO.
CORPORATIONS, PROCEDURE :: Minority shareholder dissent action (Jul 16 2008 17:40 GMT)
DODD, et al. v. POTOMAC RIVERSIDE FARM, INC., et al., No.
CRIMINAL, CONSTITUTIONAL :: Improper burden-shifting on ability to pay child support (Jul 16 2008 17:36 GMT)
STATE v. DAVID GABRIEL STAMM, No. 33505 (DAVIS, J.)(May 23, 2008). Reversing a conviction arising from the Circuit Court of Harrison County, for the felony offense of failure to meet an obligation to provide support to a minor under W.
DISCOVERY, EVIDENCE, INSURANCE, PROCEDURE :: Procedure for discovery of allegedly privileged material (Jul 16 2008 17:27 GMT)
STATE EX REL. NATIONWIDE MUTUAL INS. CO., et al. v.
EMPLOYMENT, LOCAL GOVERNMENT :: Civil service commission for deputy sheriffs (Jul 16 2008 17:26 GMT)
MESSER v. HANNAH, No. 33655 (BENJAMIN, J.)(Starcher, J., and Albright, J.
EMPLOYMENT, LOCAL GOVERNMENT :: Prevailing wage for work not let to contract (Jul 16 2008 17:25 GMT)
STATE EX REL. TUCKER COUNTY SOLID WASTE AUTHORITY v. WEST VIRGINIA DIVISION OF LABOR, et al., No. 33809 (DAVIS, J.
EMPLOYMENT, UNEMPLOYMENT COMPENSATION :: Substantial unilateral changes (Jul 16 2008 17:24 GMT)
MAY v. BOARD OF REVIEW, WEST VIRGINIA BUREAU OF EMPLOYMENT PROGRAMS, et al., No. 33703 (Per Curiam)(Maynard, C.J.
EMPLOYMENT, UNEMPLOYMENT COMPENSATION :: Early retirement packages and unemployment compensation (Jul 16 2008 17:23 GMT)
CHILDRESS, et al. v. MUZZLE, et al., No. 33440 (STARCHER, J.
FAMILY, PROCEDURE :: Home state under U.C.C.J. (Jul 16 2008 17:22 GMT)
ROSEN v. ROSEN, No. 33437 (BENJAMIN, J.)(June 26, 2008). Affirming an order of the Circuit Court of Monongalia County that affirmed a family court ruling that retained jurisdiction over child custody matters.
FAMILY, CONTEMPT, PROCEDURE :: Contempt sanctions properly imposed by family court (Jul 16 2008 17:20 GMT)
DEITZ v. DEITZ, No. 33446 (Per Curiam)(February 14, 2008). Granting mixed relief from an order of the Circuit Court of Gilmer County that affirmed a family court's determination that Mr. Deitz was in contempt, but reversed the contempt sanctions and remanded with instructions.
FAMILY, PROCEDURE :: Certificate of service on petition is mandatory (Jul 16 2008 17:19 GMT)
GUIDO v. GUIDO, No. 33599 (Per Curiam)(Albright, J., and Starcher, J., dissenting)(June 18, 2008).
FAMILY, PROCEDURE :: Appeal period is not jurisdictional (Jul 16 2008 17:12 GMT)
CREA v. CREA, No. 33656 (MAYNARD, C.J.)(June 18, 2008).
FAMILY, PROPERTY :: Transfer of real estate prior to final divorce order (Jul 16 2008 17:11 GMT)
WHITESIDE v. WHITESIDE, et al., No. 33514 (MAYNARD, C.J.
HABEAS CORPUS, PROCEDURE :: Denial of relief without evidentiary hearing (Jul 16 2008 17:09 GMT)
STATE EX REL. JAMES BLAINE WALDRON v. SCOTT, No. 33434 (Per Curiam)(March 18, 2008). Affirming an order of the Circuit Court of McDowell County that denied habeas corpus relief without conducting an evidentiary hearing.
INSURANCE, EVIDENCE, COMPROMISE & SETTLEMENT, ATTORNEY FEES :: Consent judgments and subsequent bad faith actions (Jul 16 2008 17:08 GMT)
HORKULIC, etc. v. GALLOWAY, et al. and TIG INSURANCE CO., Appellant --AND-- STATE EX REL.
INSURANCE, EVIDENCE, JURIES :: Using the name of a captive law firm in voir dire (Jul 16 2008 17:05 GMT)
STATE EX REL. NATIONWIDE MUTUAL INS. CO. v. KARL, et al.
LOCAL GOVERNMENT :: Refusal to sign pay orders authorized by county commission (Jul 16 2008 17:04 GMT)
263 TOWING, INC. v. MARCUM TRUCKING CO., INC.; LONNIE HANNAH, SHERIFF OF MINGO COUNTY, Appellant, No.
LOCAL GOVERNMENT, STATUTORY CONSTRUCTION :: Commission approval not required for hiring certain county employees (Jul 16 2008 17:02 GMT)
HARRISON COUNTY COMMISSION, et al. v. HARRISON COUNTY ASSESSOR, No. 33381 (DAVIS, J.)(January 25, 2008).
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