Argument
Docket
Tuesday, April 1, 2008
Supreme Court of Appeals of West Virginia
Argument
Docket
Tuesday, April 1, 2008
1. Deborah K. May v. Chair and Members, Bd. of Review, WV Bureau of Emp. Prog. - 33703 - Deborah K. May appeals the circuit court's order affirming the denial of her claim for unemployment benefits.
2. William R. Smith v.
State of WV Consolidated
Public Retirement Bd. - 33502
- The circuit court presents the following Certified Question:
"Does the reelection of an incumbent, to a consecutive term of office, constitute reemployment under W. Va. Code §5-10-18(a), thereby making the incumbent eligible to reinstate forfeited PERS credit upon repayment of the amount withdrawn plus interest?"
Circuit Courts Answer: Yes.
ISSUE
Whether the circuit court erred in ruling that the reelection of an incumbent, to a consecutive term of office, constitutes reemployment under W.Va. Code §5-10-18(a), thereby making the incumbent eligible to reinstate forfeited PERS credit upon repayment of the amount withdrawn plus interest?
3. In Re: FELA Asbestos Cases (Mass Litigation Cases Consolidated for Appeal) - 33665 - Petitioners appeal the dismissal of their lawsuits pursuant to the non-resident venue statute, W.Va. Code § 56-1-1(c) [2003].
4. St. Luke's United Methodist Church, et al. v. CNG Development Co., et al. - 33527 - Plaintiff Welch brings this interlocutory appeal from the circuit court's order granting defendant's motion to dismiss plaintiff's partial rescission claim arising out of an oil and gas lease. The circuit court has entered a stay below pending plaintiff's petition for an interlocutory appeal. - Continued to April 16.
5. State of WV v. John Lowery - 33660 - John Lowery appeals his conviction for two counts of felony sexual assault in the third degree and two counts of misdemeanor sexual abuse in the third degree.
6. Lawyer Disciplinary Board v. Michael P. Markins - 33256 - The Court will hear argument in this lawyer disciplinary matter.
7. Brenda Stanley v. Suthipan Chevy, M.D. - 33666 - Petitioner, Brenda L. Stanley, appeals from the Logan County Circuit Court's denial of post-trial motions. Plaintiff filed a medical malpractice suit for damages alleged in the performance of surgery. A verdict was returned in favor of the defendant by finding that the defendant was not negligent.
8. Richard C. Rashid, M.D. v. Muhib S. Tarakji, M.D. - 33596 - This case will be called at 2 p.m. - This civil action was involuntarily dismissed under Rule 41(b) for failure to pay a twenty dollar fee. Petitioner appeals by arguing that the case was dismissed without prior notice and without an opportunity to be heard as mandated by case law. - Justices Davis and Benjamin disqualified. Judge Walker and Senior Status Judge Egnor sitting by temporary assignment.
The briefs and other filings are provided in PDF format.
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Wednesday, April 02, 2008