Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, February 22, 2005  

1.  Janet P. English, & Janet P. English, Legal Guardian of Maria L. Paletta, et al. v. Justin Michael Johnson, infant, & Jenny Johnson, et al. -  041203 - Plaintiffs appeal from the circuit court's award of summary judgment in favor of defendants in this action for personal injuries arising out of an assault. - Grant  5 - 0.

2.  City of Beckley v. Elizabeth Ann Brammer and the WV Human Rights Commission - 041263 - The City of Beckley appeals from the circuit court's order affirming the decisions of the WV Human Rights Commission and its administrative law judge. The Commission found that Ms. Brammer had been sexually harassed and constructively discharged from her employment with the Beckley Police Department.  - Continued.

3.  State of W. Va. v. Marvin Mills - 041442 - Defendant appeals from his conviction on first degree murder and his sentence to life without mercy following this Court's reversal of his first conviction and a remand for a new trial in State v. Marvin Mills, 211 W.Va. 532, 566 S.E.2d 891 (2002). Defendant raises various trial errors.  - Grant  3 - 2, Davis & Maynard.

4.  State of W. Va. v. John J. Jones, Jr. - 041449 - Petitioner appeals his conviction for two counts of fleeing an officer, one count of disorderly conduct, and one count of attempting to disarm a police officer.  - Continued to 4/6/05.

5.  State of W. Va. v. Robin Ladd -  041556 - Defendant was convicted of first degree murder with mercy and two counts of conspiracy to commit murder following her second trial upon remand from this Court in State v. Ladd, 210 W.Va. 413, 557 S.E.2d 820 (2001). Defendant asserts various trial errors. - Refuse 4 - 0, Starcher not participating.

6.  Clifford Muck v. Michael L. Smith, Kenneth Saunders and Kenneth Saunders, Jr. -  041551 - Plaintiff appeals from the jury's verdict and the equitable relief fashioned by the circuit court in this action for trespass and ejectment arising out of the construction of a bridge to defendants' properties. - Continued to 3/22/05.

7.  Earl Russell and Susan Russell v. Elco Mechanical Contractors, Inc., etc. - 041862 - Plaintiffs appeal from the circuit court's order granting summary judgment in favor of defendant in this deliberate intent action. The circuit court found that plaintiffs could not prevail in their proof of all elements of deliberate intent under West Virginia Code §23-4-2(c)(2). - Refuse 3 - 1, Albright, [Starcher not participating.]

8.  In Re: Tobacco Litigation Consolidated Personal Injury Plaintiffs v. Brown & Williamson Tobacco Corp., et al. - 042316 - The circuit court certifies a question regarding the impact of State Farm v. Campbell, 538 U.S. 408 (2003), on the circuit court's bifurcated trial plan in a consolidated action consisting of personal injury and punitive damages claims of approximately 1,000 individuals.
CERTIFIED QUESTION 
Does the Due Process Clause of the Fourteenth Amendment to the Federal Constitution, as interpreted by State Farm v. Campbell, preclude a bifurcated trial plan in a consolidated action consisting of personal injury claims of approximately 1,000 individual smokers, wherein Phase I of the trial would decide certain elements of liability and a punitive damages multiplier and Phase II of the trial would decide for each plaintiff compensatory damages and punitive damages based upon the punitive damages multiplier determined in Phase I?  Circuit Court's Answer: Yes. - Grant 4 - 0, Starcher not participating.

9.  Paul Noechel v. Dolan’s Welding & Steel Fabrication, Inc. -  041680 - Plaintiff appeals from the circuit court's order dismissing his breach of contract and employment action on the basis that the court lacked both personal and subject matter jurisdiction. - Refuse 4 - 0, Starcher not participating.

10. Gary Hall v. Dolan’s Welding & Steel Fabrication, Inc. - 042407 - Plaintiff appeals from the circuit court's order dismissing his breach of contract and employment action on the basis that the court lacked both personal and subject matter jurisdiction. - Refuse 4 - 0, Starcher not participating.

 

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