Supreme Court of Appeals of West Virginia Decisions 2017
Opinions 501 - 993 of 993
Date: June 16, 2017
Docket Number: 16-0687
Date: June 16, 2017
Docket Number: 16-0758
Date: June 16, 2017
Docket Number: 16-0822
Date: June 16, 2017
Docket Number: 16-0836
Date: June 16, 2017
Docket Number: 16-0938
Date: June 16, 2017
Docket Number: 17-0039
Justia Opinion Summary: Two recently enacted statutes relating to damages - W. Va. Code 55-7-29 and 55-7E-3 - are remedial and apply in a trial conducted after the effective date of the statutes when the underlying facts in the case occurred…
Date: June 16, 2017
Docket Number: 17-0223
Date: June 15, 2017
Docket Numbers: 16-0181, 16-0614
Date: June 15, 2017
Docket Number: 16-0298
Date: June 15, 2017
Docket Number: 16-0298
Justia Opinion Summary: Sue Walters filed a lawsuit against Quicken Loans, Inc., alleging that Quicken Loans violated the “illegal loan” provision of the West Virginia Residential Mortgage Lender, Broker and Servicer Act, W. Va. Code…
Date: June 15, 2017
Docket Number: 17-0038
Date: June 14, 2017
Docket Number: 16-0008
Justia Opinion Summary: Petitioners, nine minors and their parents, individually and as parents, guardians and next friends, filed this action alleging various claims for, inter alia, negligence, fraud, and civil conspiracy arising from Michael…
Date: June 14, 2017
Docket Number: 16-0592
Justia Opinion Summary: Petitioner appealed an order of the circuit court affirming his magistrate court conviction, after a jury trial, of the offense of domestic assault. In his appeal, Petitioner argued that the magistrate court erred by…
Date: June 14, 2017
Docket Number: 16-1148
Date: June 14, 2017
Docket Number: 16-1148
Justia Opinion Summary: Respondents filed an amended complaint joining separate claims of seventy-nine individual plaintiffs, who alleged that they or their family members were injured by exposure to Coal Combustion Residuals (CCR) generated at…
Date: June 13, 2017
Docket Number: 16-0266
Date: June 13, 2017
Docket Number: 16-0494
Justia Opinion Summary: In an appeal from a divorce action Wife argued that the circuit court abused its discretion with regard to a permanent spousal support award of $4,000 per month and challenged the circuit court’s equitable distribution…
Date: June 13, 2017
Docket Number: 16-0657
Date: June 13, 2017
Docket Number: 16-0657
Justia Opinion Summary: In the absence of an agreement to the contrary, waiver of a contractual right to arbitration is a threshold question of enforceability to be determined by a court, not an arbitrator. Respondents commenced an arbitration…
Date: June 12, 2017
Docket Number: 16-0127
Justia Opinion Summary: The volume of telephone calls made by a debt collector to a consumer, absent any other evidence of intent to annoy, abuse, oppress or threaten, is not sufficient to establish a violation of W. Va. Code 46A-2-125(d).…
Date: June 9, 2017
Docket Number: 15-0901
Justia Opinion Summary: Petitioner was convicted of first degree felony murder, robbery, and other offenses. Petitioner was sentenced to life with mercy for the murder offense. The Supreme Court affirmed Petitioner’s convictions. Petitioner…
Date: June 9, 2017
Docket Number: 15-1143
Date: June 9, 2017
Docket Number: 15-1239
Date: June 9, 2017
Docket Number: 16-0052
Date: June 9, 2017
Docket Number: 16-0172
Date: June 9, 2017
Docket Number: 16-0440
Date: June 9, 2017
Docket Number: 16-0467
Date: June 9, 2017
Docket Number: 16-0489
Date: June 9, 2017
Docket Number: 16-0508
Date: June 9, 2017
Docket Number: 16-0562
Date: June 9, 2017
Docket Number: 16-0594
Date: June 9, 2017
Docket Number: 16-0640
Date: June 9, 2017
Docket Number: 16-0688
Date: June 9, 2017
Docket Number: 16-0763
Date: June 9, 2017
Docket Number: 16-0781
Date: June 9, 2017
Docket Number: 16-0786
Justia Opinion Summary: When a child is born alive, the presence of illegal drugs in the child’s system at birth constitutes sufficient evidence that the child is an abused and/or neglected child, as those terms are defined by W. Va. Code…
Date: June 9, 2017
Docket Number: 16-0814
Date: June 9, 2017
Docket Number: 17-0384
Date: June 8, 2017
Docket Number: 16-0043
Justia Opinion Summary: An inmate injured while working at a work release center is not entitled to workers' compensation benefits. William Crawford sought workers’ compensation benefits for a severe injury he sustained during his period of…
Date: June 8, 2017
Docket Number: 16-0160
Date: June 8, 2017
Docket Number: 16-0276
Date: June 8, 2017
Docket Number: 16-0388
Date: June 8, 2017
Docket Numbers: 16-0401, 16-0402
Date: June 8, 2017
Docket Numbers: 16-0401, 16-0402
Justia Opinion Summary: In a state court proceeding, federal rules of res judicata or claim preclusion dictate the preclusive effect of a federal court judgment on a federal question, but for a federal court judgment applying state law, that…
Date: June 8, 2017
Docket Number: 16-0446
Date: June 8, 2017
Docket Number: 16-0464
Date: June 8, 2017
Docket Number: 16-0581
Date: June 8, 2017
Docket Number: 16-0582
Date: June 8, 2017
Docket Number: 16-0583
Date: June 8, 2017
Docket Number: 16-0617
Date: June 8, 2017
Docket Number: 16-0618
Date: June 8, 2017
Docket Number: 16-0635
Date: June 8, 2017
Docket Number: 16-0701
Date: June 8, 2017
Docket Number: 16-0703
Date: June 8, 2017
Docket Number: 16-0705
Date: June 8, 2017
Docket Number: 16-0706
Date: June 8, 2017
Docket Number: 16-0708
Date: June 8, 2017
Docket Number: 16-0709
Date: June 8, 2017
Docket Number: 16-0710
Date: June 8, 2017
Docket Number: 16-0715
Date: June 8, 2017
Docket Number: 16-0736
Date: June 8, 2017
Docket Number: 16-0753
Date: June 8, 2017
Docket Number: 16-0817
Date: June 7, 2017
Docket Number: 16-0410
Justia Opinion Summary: The circuit court did not abuse its discretion in concluding that the equities favored disinterment of the remains of Chester Howard West, a World War I Medal of Honor recipient, and granting the petition of Hershel…
Date: June 2, 2017
Docket Number: 16-0419
Date: June 2, 2017
Docket Number: 16-0519
Date: June 2, 2017
Docket Number: 16-0533
Date: June 2, 2017
Docket Number: 16-0608
Date: June 2, 2017
Docket Number: 16-0733
Date: June 1, 2017
Docket Number: 15-0957
Date: June 1, 2017
Docket Number: 16-0490
Justia Opinion Summary: After soil and rock slid down a hill located to the rear of Responents’ property and damaged a building, Respondents submitted a claim for property damage to Erie Insurance Property, their insurance carrier. Erie denied…
Date: June 1, 2017
Docket Number: 16-0724
Justia Opinion Summary: In this wrongful death action arising from an automobile accident, Defendants - Robert Jackson and the Joelynn Family Preservation Trust - appealed from an order of the circuit court denying their motion for a new trial…
Date: June 1, 2017
Docket Number: 17-0004
Justia Opinion Summary: After a fatal vehicular accident, Christina Varvel asserted a declaratory judgment action against Universal Underwriters Insurance Co. and Zurich American Insurance Co. (collectively, Zurich) to determine the amount of…
Date: May 31, 2017
Docket Number: 16-0429
Justia Opinion Summary: Where a lessee designates tracts of land for pooling regarding horizontal drilling and production of oil and gas from the Marcellus Shale Formation, which includes nonparticipating royalty interests (NPRI), consent or…
Date: May 31, 2017
Docket Number: 16-0750
Justia Opinion Summary: The Supreme Court reversed an order of the circuit court that granted summary judgment to Steve Sayre in connection with determining the amount of underinsured motorist insurance (UIM) owed by GEICO to Sayre. Concluding…
Date: May 30, 2017
Docket Number: 16-0136
Date: May 30, 2017
Docket Number: 16-0324
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Petitioner’s petition for a writ of mandamus seeking reinstatement to his position as a member of the Meadow Bridge Sanitary Board. The circuit court…
Date: May 26, 2017
Docket Number: 16-0136
Date: May 26, 2017
Docket Number: 16-0136
Justia Opinion Summary: Both the legislative intent and language utilized in W. Va. Code 22-6-8 permits allocation or deduction of reasonable post-production expenses actually incurred by the lessee of an oil and/or gas lease and, more…
Date: May 24, 2017
Docket Number: 17-0038
Justia Opinion Summary: Respondent hired a law firm to investigate a potential malpractice claim against a nursing home. The law firm made a request to the hospital owned by Petitioner for a copy of Respondent’s medical records. Petitioners…
Date: May 23, 2017
Docket Number: 16-0461
Justia Opinion Summary: Petitioner was convicted of one count of embezzlement. Petitioner appealed, arguing that the circuit court erred by (1) not granting his motions for judgment of acquittal because the State failed to present sufficient…
Date: May 22, 2017
Docket Number: 16-0213
Date: May 22, 2017
Docket Number: 16-0362
Date: May 22, 2017
Docket Number: 16-0368
Date: May 22, 2017
Docket Number: 16-0406
Date: May 22, 2017
Docket Number: 16-0422
Date: May 22, 2017
Docket Number: 16-0438
Date: May 22, 2017
Docket Number: 16-0501
Date: May 22, 2017
Docket Number: 16-0537
Date: May 22, 2017
Docket Number: 16-0556
Date: May 22, 2017
Docket Number: 16-0571
Date: May 22, 2017
Docket Number: 16-0584
Date: May 22, 2017
Docket Number: 16-0589
Date: May 22, 2017
Docket Number: 16-0591
Date: May 22, 2017
Docket Number: 16-0747
Date: May 19, 2017
Docket Number: 16-0376
Date: May 19, 2017
Docket Number: 16-0396
Date: May 19, 2017
Docket Number: 16-0417
Date: May 19, 2017
Docket Number: 16-0497
Date: May 19, 2017
Docket Number: 16-0566
Date: May 19, 2017
Docket Number: 16-0660
Date: May 19, 2017
Docket Number: 16-0744
Date: May 19, 2017
Docket Number: 16-0854
Date: May 19, 2017
Docket Number: 16-0855
Date: May 19, 2017
Docket Number: 16-0867
Date: May 18, 2017
Docket Number: 16-0597
Justia Opinion Summary: Plaintiff, as administratrix of the estate of her late husband, filed a complaint against Monroe County alleging negligence in performing statutory duties, thereby allowing vicious dogs to remain at large, and wrongful…
Date: May 17, 2017
Docket Number: 16-0151
Justia Opinion Summary: The Supreme Court affirmed the circuit court’s ruling that Petitioner was not a “consumer” within the applicable definitions of the West Virginia Consumer Credit and Protection Act. The circuit court granted summary…
Date: May 17, 2017
Docket Number: 16-0153
Justia Opinion Summary: The Supreme Court held that the third offense provision contained in W. Va. Code 61-8-5(b) is ambiguous. Therefore, the rule of lenity applies, requiring the court to strictly construe the statute against the State and…
Date: May 17, 2017
Docket Number: 16-0441
Date: May 17, 2017
Docket Number: 16-0532
Date: May 17, 2017
Docket Number: 16-0679
Justia Opinion Summary: After the West Virginia Department of Education (DOE) terminated Plaintiff’s employment, Plaintiff filed a complaint containing a constitutional tort claim and a claim for wrongful termination. Specifically, Plaintiff…
Date: May 9, 2017
Docket Number: 16-0543
Justia Opinion Summary: The State appealed the circuit court’s order dismissing two counts of an indictment returned against Defendant charging Defendant with criminal civil rights violations under W. Va. Code 61-6-21(b), arguing that the…
Date: May 5, 2017
Docket Number: 16-0328
Date: May 5, 2017
Docket Number: 16-0381
Date: May 5, 2017
Docket Number: 16-0383
Date: May 5, 2017
Docket Number: 16-0386
Date: May 5, 2017
Docket Number: 16-0487
Date: May 5, 2017
Docket Number: 16-0487
Justia Opinion Summary: The Supreme Court ruled that the revocation of the driver’s license of Respondent was improper, thus rejecting the arguments of the West Virginia Division of Motor Vehicles (DMV) on appeal. The Court affirmed the order…
Date: May 5, 2017
Docket Number: 16-0515
Date: May 5, 2017
Docket Number: 16-0516
Date: May 5, 2017
Docket Number: 16-0518
Date: May 5, 2017
Docket Number: 16-0520
Date: May 5, 2017
Docket Number: 16-0523
Date: May 5, 2017
Docket Number: 16-0526
Date: May 5, 2017
Docket Number: 16-0536
Date: May 5, 2017
Docket Numbers: 16-0545, 16-0551
Date: May 5, 2017
Docket Number: 16-0560
Date: May 5, 2017
Docket Number: 16-0561
Date: May 5, 2017
Docket Number: 16-0567
Date: May 5, 2017
Docket Number: 16-0568
Date: May 5, 2017
Docket Number: 16-0578
Date: May 5, 2017
Docket Number: 16-0579
Date: May 5, 2017
Docket Number: 17-0002
Date: May 1, 2017
Docket Number: 15-1019
Date: April 28, 2017
Docket Number: 15-0713
Date: April 28, 2017
Docket Number: 16-0239
Date: April 28, 2017
Docket Number: 16-0475
Date: April 28, 2017
Docket Number: 16-0743
Date: April 27, 2017
Docket Number: 16-0068
Justia Opinion Summary: Leslie Meadows filed a complaint against William Erps claiming that Erps owed he money from several real estate projects that she shared with him. For purposes of appeal, Meadows’s claims involved two of those…
Date: April 26, 2017
Docket Number: 15-0976
Justia Opinion Summary: After a jury trial, Petitioner was convicted of first degree murder. The jury refused to recommend murder, and the circuit court sentenced Petitioner to life in prison without the possibility of parole. The Supreme Court…
Date: April 26, 2017
Docket Number: 15-1174
Date: April 26, 2017
Docket Number: 15-1174
Justia Opinion Summary: Shane Marcum, who was being held on felony charges, allegedly sustained injuries during a cell extraction. Marcum filed a civil action against the West Virginia Regional Jail and Correctional Facility Authority (the…
Date: April 26, 2017
Docket Number: 16-0274
Date: April 26, 2017
Docket Number: 16-1042
Justia Opinion Summary: Plaintiff owned a building insured by State Auto Property and Casualty Insurance Company that was rendered a total loss by fire. State Farm reduced the adjusted policy limit for the building by fifteen percent under the…
Date: April 24, 2017
Docket Number: 15-1122
Date: April 24, 2017
Docket Number: 15-1122
Justia Opinion Summary: A subsidiary company brought an action seeking a declaratory judgment against its parent companies, challenging three management agreements by which the parent companies controlled, managed, and participated in the…
Date: April 21, 2017
Docket Number: 16-0354
Date: April 21, 2017
Docket Number: 16-0385
Date: April 21, 2017
Docket Number: 16-0403
Date: April 21, 2017
Docket Number: 16-0495
Date: April 21, 2017
Docket Number: 16-0558
Date: April 21, 2017
Docket Number: 16-0719
Date: April 13, 2017
Docket Number: 16-0493
Date: April 12, 2017
Docket Number: 15-1213
Date: April 10, 2017
Docket Number: 15-0811
Date: April 10, 2017
Docket Number: 15-0987
Date: April 10, 2017
Docket Number: 15-0997
Date: April 10, 2017
Docket Number: 15-1014
Date: April 10, 2017
Docket Number: 16-0003
Date: April 10, 2017
Docket Number: 16-0051
Justia Opinion Summary: Petitioner was convicted of receiving or transferring stolen property, daytime burglary, and conspiracy to transfer or receive stolen property. The circuit court entered an order indicating that Petitioner, along with…
Date: April 10, 2017
Docket Number: 16-0073
Date: April 10, 2017
Docket Number: 16-0075
Date: April 10, 2017
Docket Number: 16-0148
Date: April 10, 2017
Docket Number: 16-0168
Date: April 10, 2017
Docket Number: 16-0169
Date: April 10, 2017
Docket Number: 16-0210
Date: April 10, 2017
Docket Number: 16-0262
Date: April 10, 2017
Docket Number: 16-0269
Date: April 10, 2017
Docket Number: 16-0300
Date: April 10, 2017
Docket Number: 16-0306
Date: April 10, 2017
Docket Number: 16-0352
Date: April 10, 2017
Docket Number: 16-0432
Date: April 10, 2017
Docket Number: 16-0486
Date: April 10, 2017
Docket Number: 16-0542
Date: April 10, 2017
Docket Number: 16-0631
Date: April 10, 2017
Docket Number: 16-0892
Date: April 10, 2017
Docket Number: 16-0932
Date: April 10, 2017
Docket Number: 16-0989
Date: April 7, 2017
Docket Number: 15-0568
Justia Opinion Summary: Petitioner was convicted of four counts of first degree sexual assault, five counts of first degree sexual abuse, and nine counts of sexual abuse by a person in a position of trust to a child. Petitioner was sentenced to…
Date: April 7, 2017
Docket Number: 15-1085
Date: April 7, 2017
Docket Number: 16-0087
Date: April 7, 2017
Docket Number: 16-0093
Date: April 7, 2017
Docket Number: 16-0245
Date: April 7, 2017
Docket Number: 16-0413
Date: April 7, 2017
Docket Number: 16-0460
Date: April 7, 2017
Docket Number: 16-0488
Date: April 7, 2017
Docket Number: 16-0557
Date: April 7, 2017
Docket Number: 16-0680
Date: April 7, 2017
Docket Number: 16-1002
Date: April 6, 2017
Docket Number: 16-0012
Justia Opinion Summary: Petitioner was indicted on a felony charge of possession of child pornography. Petitioner was initially found not competent to stand trial. Later, the circuit court held a hearing regarding Petitioner’s competency. The…
Date: April 6, 2017
Docket Number: 16-0331
Justia Opinion Summary: Respondent filed a putative class action alleging that Petitioner had failed to pay him and other similarly situated employees their final wages within the time period mandated by the West Virginia Wage Payment and…
Date: April 6, 2017
Docket Number: 16-0848
Justia Opinion Summary: Plaintiff bid on the position “mechanic trainee” at a mine owned by Eastern Associated Coal (Defendant). In July 2012, Plaintiff learned of Defendant’s decision not to hire him. He did not learn until January 2014,…
Date: April 5, 2017
Docket Numbers: 15-0787, 16-0329
Date: April 5, 2017
Docket Number: 15-0977
Date: April 5, 2017
Docket Number: 15-0977
Date: April 5, 2017
Docket Number: 16-0147
Justia Opinion Summary: Pursuant to a plea agreement, A.N.T. pleaded no contest to discharging a firearm within 500 feet of a dwelling. The magistrate court accepted the plea agreement. Thereafter, A.N.T., who was seeking to obtain an Ohio…
Date: March 30, 2017
Docket Number: 15-0887
Date: March 30, 2017
Docket Number: 16-0275
Date: March 30, 2017
Docket Number: 16-0279
Date: March 30, 2017
Docket Number: 16-0280
Date: March 30, 2017
Docket Number: 16-0281
Date: March 30, 2017
Docket Number: 16-0307
Date: March 30, 2017
Docket Number: 16-0309
Date: March 30, 2017
Docket Number: 16-0310
Date: March 30, 2017
Docket Number: 16-0311
Date: March 30, 2017
Docket Number: 16-0312
Date: March 30, 2017
Docket Number: 16-0319
Date: March 30, 2017
Docket Number: 16-0327
Date: March 30, 2017
Docket Number: 16-0350
Date: March 30, 2017
Docket Number: 16-0351
Date: March 30, 2017
Docket Number: 16-0369
Date: March 30, 2017
Docket Number: 16-0387
Date: March 30, 2017
Docket Number: 16-0398
Date: March 30, 2017
Docket Number: 16-0409
Date: March 30, 2017
Docket Number: 16-0416
Date: March 30, 2017
Docket Number: 16-0478
Date: March 30, 2017
Docket Number: 16-0507
Date: March 30, 2017
Docket Number: 16-0513
Date: March 24, 2017
Docket Number: 16-0087
Date: March 24, 2017
Docket Number: 16-0093
Date: March 24, 2017
Docket Number: 16-0106
Date: March 24, 2017
Docket Number: 16-0305
Date: March 24, 2017
Docket Number: 16-0366
Date: March 24, 2017
Docket Number: 16-0420
Date: March 24, 2017
Docket Number: 16-0685
Date: March 13, 2017
Docket Number: 15-0913
Date: March 13, 2017
Docket Number: 15-1062
Date: March 13, 2017
Docket Number: 15-1241
Date: March 13, 2017
Docket Number: 16-0049
Date: March 13, 2017
Docket Number: 16-0067
Date: March 13, 2017
Docket Number: 16-0089
Date: March 13, 2017
Docket Number: 16-0154
Date: March 13, 2017
Docket Number: 16-0308
Date: March 10, 2017
Docket Number: 15-1095
Date: March 10, 2017
Docket Number: 16-0046
Date: March 10, 2017
Docket Number: 16-0452
Date: March 9, 2017
Docket Number: 15-0931
Justia Opinion Summary: After a jury trial, Petitioner was convicted of attempted first degree murder, malicious assault, kidnapping, domestic assault and domestic battery. Petitioner was sentenced to life imprisonment without the possibility…
Date: March 9, 2017
Docket Number: 15-1197
Justia Opinion Summary: In 2010, Renee Richardson-Powers (Powers) was hired to work at an office of the West Virginia Division of Motor Vehicles (DMV). At the time she was hired, Powers did not disclose the existence of a traumatic brain injury…
Date: March 9, 2017
Docket Numbers: 16-0044, 15-1193
Justia Opinion Summary: After a joint jury trial, Petitioners, Antwyn Gibbs and Kevin Goodman, were convicted of first degree robbery, entry of a dwelling, and conspiracy to commit a felony. Through these consolidated appeals, Petitioners…
Date: March 7, 2017
Docket Number: 15-1068
Justia Opinion Summary: After a jury trial, Petitioner was convicted of murder in the first degree. The jury did not recommend mercy. The circuit court sentenced Petitioner to life in prison without the possibility of parole. The Supreme Court…
Date: March 7, 2017
Docket Number: 16-0325
Justia Opinion Summary: Respondent filed a petition for a writ of mandamus seeking to force the West Virginia Department of Highways, Division of Highways (DOH) to institute a condemnation proceeding for limestone it excavated from a certain…
Date: March 3, 2017
Docket Number: 15-1123
Date: March 3, 2017
Docket Number: 15-1124
Date: March 3, 2017
Docket Number: 15-1125
Date: March 3, 2017
Docket Number: 16-0182
Date: March 3, 2017
Docket Number: 16-0191
Date: March 3, 2017
Docket Number: 16-0194
Date: March 3, 2017
Docket Number: 16-0197
Date: March 3, 2017
Docket Number: 16-0211
Date: March 3, 2017
Docket Number: 16-0231
Date: March 3, 2017
Docket Number: 16-0242
Date: March 3, 2017
Docket Number: 16-0243
Date: March 3, 2017
Docket Number: 16-0244
Date: March 3, 2017
Docket Number: 16-0267
Date: March 3, 2017
Docket Number: 16-0272
Date: March 3, 2017
Docket Number: 16-0283
Date: March 3, 2017
Docket Number: 16-0296
Date: March 3, 2017
Docket Number: 16-0297
Date: March 3, 2017
Docket Number: 16-0304
Date: March 2, 2017
Docket Number: 15-1017
Date: March 2, 2017
Docket Number: 16-0265
Justia Opinion Summary: After a jury trial, Defendant was convicted of felony murder and conspiracy to commit robbery. Defendant appealed, arguing that she was entitled to a new trial because the circuit court erred in allowing a police officer…
Date: March 1, 2017
Docket Number: 15-1018
Justia Opinion Summary: Beecher Osborne filed a lawsuit against Allegheny Wood Products, Inc. and Heartwood Forestland Fund, IV, Limited Partnership. The parties entered into a pre-trial settlement agreement containing (1) a consent judgment in…
Date: March 1, 2017
Docket Number: 16-0146
Justia Opinion Summary: Domestic Violence Survivors’ Support Group, Inc. (DVCC), a non-profit corporation that provides counseling services to victims of domestic violence, applied for a behavioral health center license. The West Virginia…
Date: March 1, 2017
Docket Number: 16-0264
Date: February 24, 2017
Docket Number: 16-0881
Date: February 21, 2017
Docket Number: 15-0947
Date: February 21, 2017
Docket Number: 15-1034
Date: February 21, 2017
Docket Number: 15-1039
Date: February 21, 2017
Docket Number: 15-1119
Date: February 21, 2017
Docket Number: 15-1189
Date: February 21, 2017
Docket Number: 15-1221
Date: February 21, 2017
Docket Number: 16-0014
Date: February 21, 2017
Docket Number: 16-0045
Date: February 21, 2017
Docket Number: 16-0123
Date: February 21, 2017
Docket Number: 16-0148
Date: February 21, 2017
Docket Number: 16-0237
Date: February 21, 2017
Docket Number: 16-0321
Date: February 21, 2017
Docket Number: 16-0355
Date: February 21, 2017
Docket Number: 16-0735
Date: February 21, 2017
Docket Number: 16-0735
Justia Opinion Summary: Edward Harris, a former employee of the County Commission of Calhoun County, filed an action in the circuit court alleging that the Commission committed errors in deducting and contributing amounts for his coverage under…
Date: February 21, 2017
Docket Number: 16-0821
Date: February 21, 2017
Docket Number: 16-0864
Date: February 17, 2017
Docket Number: 16-0022
Date: February 17, 2017
Docket Number: 16-0117
Date: February 17, 2017
Docket Number: 16-0125
Date: February 17, 2017
Docket Number: 16-0133
Date: February 17, 2017
Docket Number: 16-0214
Date: February 17, 2017
Docket Number: 16-0253
Date: February 17, 2017
Docket Numbers: 16-0260, 16-0503
Date: February 17, 2017
Docket Number: 16-0338
Date: February 17, 2017
Docket Number: 16-0342
Date: February 17, 2017
Docket Number: 16-0344
Date: February 17, 2017
Docket Number: 16-0407
Date: February 17, 2017
Docket Numbers: 16-0677, 16-0723
Date: February 14, 2017
Docket Number: 15-1148
Date: February 14, 2017
Docket Numbers: 16-0677, 16-0723
Date: February 14, 2017
Docket Numbers: 16-0677, 16-0723
Justia Opinion Summary: The two petitioners in this case were juveniles who were adjudicated juvenile delinquents for sexual assault. At issue before the circuit court was whether the juveniles should be required to register as lifetime sexual…
Date: February 13, 2017
Docket Number: 16-0884
Date: February 9, 2017
Docket Number: 15-1148
Justia Opinion Summary: Andrew Minnich visited the South Charleston MedExpress to seek medical care. During his attempt to access an examination table, Andrew, who had recently undergone hip surgery, fell and sustained injuries. Andrew died…
Date: February 9, 2017
Docket Number: 15-1223
Date: February 9, 2017
Docket Number: 15-1223
Justia Opinion Summary: At issue in this case was the proposed expansion of municipal geographic boundaries by minor boundary adjustment by the City of Summersville, West Virginia, as approved by the Nicholas County Commission. Petitioners…
Date: February 9, 2017
Docket Number: 16-0209
Justia Opinion Summary: At issue in this case was a dispute between a pharmacy network administrator and various West Virginia pharmacies that were network members. Petitioners here were Caremark, LLC, companies affiliated with Caremark, LLC…
Date: February 9, 2017
Docket Number: 16-0670
Date: February 9, 2017
Docket Number: 16-0670
Justia Opinion Summary: This disciplinary proceeding stemmed from allegedly false statements contained in a campaign-issued flyer disseminated while Stephen O. Callaghan, Judge-Elect of the 28th Judicial Circuit was a candidate for Judge of the…
Date: February 8, 2017
Docket Number: 16-0095
Justia Opinion Summary: After a hearing, the mental hygiene commissioner found probable cause to believe that Petitioner was mentally ill and a danger to self or to others due to mental illness. The commissioner directed Petitioner’s commitment…
Date: February 8, 2017
Docket Number: 16-0931
Date: February 3, 2017
Docket Number: 16-0020
Date: February 3, 2017
Docket Number: 16-0035
Date: February 3, 2017
Docket Number: 16-0039
Date: February 3, 2017
Docket Number: 16-0040
Date: February 3, 2017
Docket Number: 16-0101
Date: February 3, 2017
Docket Number: 16-0105
Date: February 3, 2017
Docket Number: 16-0108
Date: February 3, 2017
Docket Number: 16-0161
Date: February 3, 2017
Docket Number: 16-0162
Date: February 3, 2017
Docket Number: 16-0170
Date: February 3, 2017
Docket Number: 16-0171
Date: February 3, 2017
Docket Number: 16-0177
Date: February 3, 2017
Docket Number: 16-0179
Date: February 3, 2017
Docket Number: 16-0180
Date: February 3, 2017
Docket Number: 16-0185
Date: February 3, 2017
Docket Number: 16-0186
Date: February 3, 2017
Docket Number: 16-0187
Date: February 3, 2017
Docket Number: 16-0188
Date: February 3, 2017
Docket Number: 16-0189
Date: February 3, 2017
Docket Number: 16-0190
Date: February 3, 2017
Docket Number: 16-0192
Date: February 3, 2017
Docket Number: 16-0233
Date: February 3, 2017
Docket Number: 16-0234
Date: January 27, 2017
Docket Number: 15-1196
Date: January 27, 2017
Docket Number: 16-0071
Date: January 27, 2017
Docket Number: 16-0088
Date: January 27, 2017
Docket Numbers: 16-0090, 16-0092
Date: January 27, 2017
Docket Number: 16-0200
Date: January 27, 2017
Docket Number: 16-0345
Date: January 27, 2017
Docket Number: 16-0357
Date: January 27, 2017
Docket Number: 16-0619
Date: January 26, 2017
Docket Number: 15-0691
Justia Opinion Summary: Plaintiffs, the daughters and wife of the decedent, filed an action against the State Police, alleging that State Police employees were liable for the wrongful death of the decedent and that they negligently or…
Date: January 26, 2017
Docket Number: 15-0972
Date: January 26, 2017
Docket Number: 15-1139
Justia Opinion Summary: All of the parties to this case were co-owners of several tracts of land. Deborah Wyckoff filed this lawsuit against David Bowyer seeking to partition the surface in kind or by sale. Bowyer filed a counterclaim and…
Date: January 20, 2017
Docket Number: 15-0851
Date: January 20, 2017
Docket Number: 16-0198
Date: January 20, 2017
Docket Number: 16-0201
Date: January 20, 2017
Docket Number: 16-0212
Date: January 19, 2017
Docket Numbers: 15-0878, 15-0894
Justia Opinion Summary: Petitioner Rashaun Boyd and Petitioner Christopher Wyche were prosecuted in a joint trial. Boyd was convicted of attempted murder, wanton endangerment, and possession of a firearm. Wyche was convicted of voluntary…
Date: January 19, 2017
Docket Number: 15-1147
Date: January 19, 2017
Docket Number: 16-0069
Justia Opinion Summary: DWG Oil & Gas Acquisitions, LLC (DWG) contended that it was the current owner of the oil and gas underlying a parcel of land in Marshall County. The circuit court determined that the oil and gas underlying the parcel was…
Date: January 9, 2017
Docket Number: 15-0985
Date: January 9, 2017
Docket Number: 15-1117
Date: January 9, 2017
Docket Number: 16-0086
Date: January 9, 2017
Docket Number: 16-0126
Date: January 9, 2017
Docket Number: 16-0206
Date: January 9, 2017
Docket Number: 16-0278
Date: January 6, 2017
Docket Number: 15-0849
Date: January 6, 2017
Docket Number: 16-0007
Date: January 6, 2017
Docket Number: 16-0204
Date: January 6, 2017
Docket Numbers: 16-0292, 16-0400, 16-0238
Date: January 6, 2017
Docket Number: 16-0414
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