Mass Litigation Panel

Overview

As part of the process for efficiently managing and resolving mass litigation in West Virginia courts, the Supreme Court has established a Mass Litigation Panel through the adoption of Trial Court Rule 26. Among other duties, the Panel presides in certain types of mass litigation cases referred to it by the Chief Justice. The process for referral of cases is set forth in Trial Court Rule 26.  Approval of Amendment to West Virginia Trial Court Rule 26.08, Powers of Presiding Judge, entered April 15, 2010.

Recent Orders

Second Order Assigning Judges to Float-Sink Litigation - In Re: Float-Sink Litigation, Raleigh County Civil Action No. 11-C-5000000, entered September 6, 2011.

Notice of Hearing on Defendants' Motion for Production of Correspondence, etc.  - Mingo County Coal Slurry Litigation, Ohio County Civil Action No. 10-C-5000, entered August 11, 2011.

Order Regarding Conduct of All Parties - Mingo County Coal Slurry Litigation, Ohio County Civil Action No. 10-C-5000, entered August 11, 2011.

Administrative Order Re: Excusals for the 2011 Term - Tobacco Litigation Petit Jurors, entered August 9, 2011.

Notice of Settlement Hearing  - Mingo County Coal Slurry Litigation, Ohio County Civil Action No. 10-C-5000, entered August 2, 2011.

Order Staying Deadlines in Case Management Order Governing Third-Party Insurance Coverage Action  - Mingo County Coal Slurry Litigation, Ohio County Civil Action No. 10-C-5000, entered August 2, 2011.

Order Regarding Trial Plan - Mingo County Coal Slurry Litigation, Ohio County Civil Action No. 10-C-5000, entered May 12, 2011.

Second Order Reconvening Mediation  - Mingo County Coal Slurry Litigation, Ohio County Civil Action No. 10-C-5000, entered June 30, 2011.

Administrative Order Re: Appointments to the Mass Litigation Panel - entered June 29, 2011.

Panel Orders

For the convenience of the bench, the bar, circuit clerks and the general public, orders entered by the Panel will be made available below, in reverse chronological order according to the date the order was entered in the circuit clerk's office.

 

Administrative Orders

For the convenience of the bench, the bar, circuit clerks and the general public, Administrative Orders entered by the Chief Justice related to the activities of the Mass Litigation Panel will be made available below, in reverse chronological order according to the date the order was entered.

Other Orders

As time permits, orders related to certain types of matters pending before the panel will be scanned and posted for the convenience of the judiciary, the bar, circuit clerks, and other interested parties. Orders in the following case groups are available:

Forms

For the convenience of the bench and the bar, the Panel has made certain forms available below that may be helpful in managing mass or other complex litigation.

Electronic Filing and Service

Trial Court Rule 15 governs electronic filing and service of documents and maintenance of case-related information in the circuit courts of West Virginia in certain Mass Litigation referred to the Mass Litigation Panel under Trial Court Rule 26, and as further provided by Trial Court Rule 15.02(c). Pursuant to Trial Court Rule 15.02(c), "[i]f the Panel determines it is appropriate for Mass Litigation or proceedings therein to be subject to e-filing and service, the Panel Chair shall enter an order designating such Mass Litigation or proceedings therein for e-filing and service." On November 3, 2008, the Panel entered orders triggering electronic filing in certain asbestos litigation and certain Digitek® litigation, beginning on December 8, 2008. A welcome packet from the e-filing provider is now available.

Membership of the Panel

Pursuant to Trial Court Rule 26.02, the Mass Litigation Panel "consists of seven (7) active or senior status circuit court judges who shall be appointed by the Chief Justice, with the approval of the Supreme Court of Appeals. Each appointment is for a term of three (3) years, with two (2) judges to be appointed each year; provided, however, that beginning in 2009 and in every third year thereafter, three (3) judges shall be appointed." Each year the Chief Justice enters an order appointing the members of the Panel and designating a Panel Member to serve as chair. The current members were appointed by Chief Justice Margaret L. Workman on June 29, 2011, as follows:

In order to support the activities of the Panel, and to act as a liaison between the Panel, counsel, circuit clerks and other judicial personnel, the Court hired Kimberley Fields, Esq. as the Mass Litigation Manager, who may be reached at (304) 558-0145.

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