January 19, 2005
1. State of West Virginia, ex rel. Darrell V. McGraw, Jr., Attorney General v. Bear, Stearns & Co., Citigroup Global Markets Inc. (f/k/a Salomon Smith Barney, Inc.), Credit Suisse First Boston LLC, Goldman,
Sachs & Co., Lehman Brother Inc., Merrill Lynch, J.P. Morgan Securities Inc., Morgan Stanley & Co., Inc., UBS Warburg LLC, and U.S. Bankcorp Piper Jaffray Inc., No. 041375.
Does the fact that a business entity has the buying and selling of securities as a component of its business exempt it from being prosecuted by the State of West Virginia through its Attorney General, under W.Va. Code § 46A-7-1-1 et seq., where the State is seeking to impose civil penalties on the business entity for allegedly committing unfair and deceptive acts in the conduct of commerce in violation of W. Va. Code §46A-6-101 et seq., (General Consumer Protection)?
Circuit court’s answer: No.
Grant 4 - 1
[ Starcher, J. ]
2. Fraternal Order of the Owls Nest 4520 Inc., d/b/a The Hot Spot v. The City of Charleston, West Virginia, a municipal corporation; The Honorable Danny Jones, Mayor, City of Charleston; and Daniel Vriendt, Planning Director, City of Charleston, No. 042271. The City of Charleston, its Mayor, Danny Jones, and its Planning Director, Daniel Vriendt, petition this Court requesting that either the circuit court’s certified question not be docketed or, in the alternative, that the circuit court’s answer to that certified question be upheld.
Refuse 4 - 1
[ Starcher, J. ]
3. Fraternal Order of the Owls Nest 4520 Inc., d/b/a The Hot Spot v. The City of Charleston, West Virginia, a municipal corporation; The Honorable Danny Jones, Mayor, City of Charleston; and Daniel Vriendt, Planning Director, City of Charleston, No. 042272. The Fraternal Order of the Owls Nest 4520 Inc., d/b/a The Hot Spot, petitions this Court to docket the circuit court’s certified question and to answer that question in the affirmative.
Refuse 4 - 1
[ Starcher, J. ]
4. Fred Russell, Jr. and Rebecca Russell v. West Virginia Division of Highways, Bush & Burchett, Inc., No. 041852. Plaintiffs appeal from the circuit court’s order granting summary judgment in favor of the Division of Highways finding that it had satisfied the requirements for hiring a financially responsible contractor in accordance with Russell v. Bush & Burchett, 210 W.Va. 699, 559 S.E.2d 36 (2001), cert. denied, 537 U.S.819 (2002).
Accept To Motion Docket
5. State of West Virginia v. Jesse B. Willis, No. 041856. Defendant appeals from his first degree murder conviction with a recommendation of mercy. He challenges the sufficiency of the evidence and alleges instructional error.
Accept To Motion Docket
6. Earl Russell v. Elco Mechanical Contractors v. J.H.L. Masonry & Construction Company, No. 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).
Accept To Motion Docket
7. In re: Tobacco Litigation (Individual Personal Injury Cases)
Consolidated Personal Injury Plaintiffs v. Brown & Williamson Tobacco Corporation, individually and as successor by merger to The American Tobacco Company; Lorillard Tobacco Company; Phillip Morris USA Inc.; R.J. Reynolds Tobacco Company; B.A.T. Industries P.L.C.; British American Tobacco (Investments) Limited f/k/a British American Tobacco Company Limited; and Hill and Knowlton, Inc., No. 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.
Accept To Motion Docket
8. Westfield Insurance Company v. Nancy Gabbert, No. 042377. The United States District Court for the Northern District of West Virginia certifies a question asking whether an insurance company must pay a third-party claimant when liability is reasonably clear and damages equal or exceed the coverage limit, but the claimant refuses to execute personal releases for the individual insureds.
Grant 5 - 0
9. Rebecca Moreno v. Sandra K. Oates, No. 041863. Petitioner appeals the circuit court’s order granting summary judgment to respondent in a case involving the distribution of funds in a decedent’s individual retirement account. Although respondent was the named primary beneficiary to these funds, petitioner asserts that respondent waived this right as part of her divorce settlement with the decedent.
Refuse 4 - 1
[ Starcher, J. ]
10. Jamie C. Metz v. David M. Metz, No. 041864. Petitioner appeals from the circuit court’s order which reversed the family court on an issue of payments incident to spousal support for petitioner’s medical care.
Grant 5 - 0
11. City of Martinsburg v. Laura Rauch Tew Rose, No. 041865. Petitioner appeals the circuit court’s order which affirmed her conviction in the Martinsburg Municipal Court for three violations of the City’s Housing Code.
Refuse 4 - 1
[ Starcher, J. ]
12. Four S Development, LLC, a West Virginia limited liability company v. D.W. (Peachie) Arthur, Assessor of Putnam County, West Virginia; The County Commission of Putnam County, West Virginia, a public corporation; and Rebecca Melton Craig, West Virginia Tax Commissioner, No. 041960. Petitioner appeals from the circuit court’s order affirming the Putnam County Commission’s order which upheld increased assessments of the value of petitioner’s real property. The circuit court and county commission held that any deficiencies in the notices of increased assessment were cured by petitioner’s appearance before the county commission sitting as the board of equalization and review.
Refuse 5 - 0
13. State of West Virginia v. Joanie Cline, No. 041961. Petitioner appeals her conviction for second degree murder of her husband.
Refuse 3 - 2
[Albright, C.J., Starcher, J. ]
14. Thomas Lee Smith v. Mark Allen Burdette and City of St. Albans, No. 041497. The following case stems from an intersection collision between a police officer and a van driven by the respondent. The City of St. Albans’ appeal was filed in response to a jury verdict finding the City 80% negligent in causing a collision with the vehicle driven by the respondent. This case has been before this Court for claims of immunity. See Smith v. Burdette, 211 W. Va. 477, 566 S.E.2d 614 (2002). Smith acknowledges the ability of a political subdivision to be held liable for the negligent actions of its police officers carrying out their duties of police, fire and medical protection.
Refuse 5 - 0
15. SER Michael DeWayne Hicks v. Howard H. Painter, Warden, No. 041943. Petitioner files an appeal from a denial of his Habeas Corpus ad Subjiciendum petition. Petitioner was convicted of first degree murder on May 26, 1995. His conviction was overturned by this Court in State v. Michael D. Hicks, 198 W. Va. 656, 482 S.E.2d 641 (1996). Following a second jury trial, petitioner was convicted of murder in the first degree on October 28, 1998. An omnibus hearing was held on March 11, 2004. The Court denied the relief sought.
Refuse 4 - 1
[ Starcher, J. ]
16. Stephen Bailey v. The West Virginia Human Rights Commission, Pardee Resources Group, Inc., No. 041950. Petitioner appeals from a Final Order of the West Virginia Human Rights Commission entered on September 13, 2004. The Commission found in favor of the defendant in a disparate treatment case of disability discrimination in employment.
Refuse 5 - 0
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