Supreme Court of Appeals of West Virginia

 Argument Docket  
Wednesday, April 21, 2010

1.  Shirley White, Cathy Dennison and Jenny Tyler v. Wyeth, et al. - 35296 - Defendants Wyeth and Ketchum, Inc. file a petition for review of the certified question issued by the circuit court, as follows: 

"Does the ‘as a result of' language in Section 46-6-106(a) [sic] of the West Virginia Consumer Credit and Protection Act require a plaintiff, in a private cause of action under the Act, to allege and prove that he or she purchased a product because of and in reliance upon an unlawful deceptive act?" 

The circuit court answered this question in the negative and found that plaintiffs were not required to allege and prove that they purchased hormone replacement therapy drugs because of or in reliance upon a deceptive practice of defendant Wyeth. - Justice Workman disqualified, Judge Aboulhosn sitting by temporary assignment.  - Continued to May 4th.

• Circuit Court Order
• Petitioner's Brief
• Respondent's Brief
• Amicus Brief of the W. Va. Attorney General
• Amicus Brief of the Product Liability Advisory Council
• Amicus Brief of the W. Va. Association for Justice 
• Reply Brief

2.  SER Stanley M. Myers v. Hon. Gina Groh, Judge - 35473 - Petitioner, pro se, seeks issuance of a writ of prohibition to prohibit the Respondent from allowing the State of WV to admit into evidence a 60-Day Presentencing Evaluation Report that was prepared in 1996 prior to Petitioner's sentencing in an underlying criminal action. Petitioner asserts this report was "sealed" after sentencing. Petitioner was indicted in May, 2009 for failing to register as a sex offender and misdemeanor charge of contributing to the delinquency of a minor. 

• Petitioner's Brief in Support of Writ of Prohibition
• Response to Petition for Writ of Prohibition

3.  Ella J. Montgomery and Margaret C. Bowers v. William and Cecil Callison - 35126 - Defendants appeal from an adverse jury verdict in this action to set aside two recorded deeds conveying farm properties. The jury returned a verdict in favor of plaintiffs and found that the deeds were not properly delivered and were ineffective to convey the real estate described therein.

The briefs and other filings are provided in PDF format. 
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