Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, January 9, 2007 
 

1.  Donald L. Brown v. Public Service Commission of W. Va. - 062718 -  Refuse 3 - 2,  Starcher & Albright.

2.  SER Darrell V. McGraw, Jr., Attorney General v. Warrick Pharmaceuticals
Corp., et al.
- 062114 -
The Attorney General appeals the circuit court's order denying a motion for new trial. The AG unsuccessfully asserted at a jury trial that Warrick Pharmaceuticals Corporation illegally reported inflated prices for certain drugs to a pricing compendium that is relied upon by State agencies to determine prescription drug reimbursement rates. -  Refuse 3 - 2,  Starcher & Albright.

3.  Clinton San Francisco & Jessie San Francisco v. Wendy’s International, Inc. - 061900 - Petitioners appeal a lower court order granting summary judgment in favor of the defendant, Wendy's International. The underlying civil action sought damages for alleged food poisoning following the ingestion of a hamburger sold by the respondent. -  Grant 5 - 0.

4.  Davis Memorial Hospital v. Virgil T. Helton, Acting State Tax Commissioner of W. Va. -  062199 - This is a civil appeal by the Acting State Tax Commissioner seeking the reversal of the March 21, 2006 Order of the Circuit Court which reversed a December 16, 2004 decision from the West Virginia Office of Tax Appeals and ruled that the Respondent was entitled to a refund of the consumers sales and service tax and use tax it had paid pursuant to its bulk purchases of drugs. -  Refuse 4 - 1,  Starcher.

5.  State of W. Va. v. Andrew Scott Perry - 062099 - Petitioner appeals sentence of life without mercy upon plea of guilty to first degree murder. -  Refuse 3 - 2,  Starcher & Albright.

6.  SER Darrell V. McGraw, Jr., Attorney General v. Johnson & Johnson, Janssen Pharmaceutica Products, L.P., Janssen Pharmaceutica, Inc. -  062154 - Defendants below appeal an order dismissing a counterclaim against the Attorney General over the use of private counsel as special Assistant Attorney's General. -  Refuse 4 - 1,  Benjamin.

7.  State of W. Va. v. Stephen M. Gaultney - 062259 - Defendant was convicted of first degree murder with mercy and three counts of wanton endangerment involving a firearm. Defendant appeals his convictions and asserts instructional error and the State's failure to prove elements of the crime.  -  Refuse 3 - 2,  Starcher & Albright.

8.  Stacey A. Strum & Nicole A. Elliot, Co-Admins. of the Estate of Cheryl Ann Kettlewell v. State Farm Mutual Automobile Insurance Co. - 062252 - Defendant insurance carrier appeals from the circuit court's order granting summary judgment in favor of plaintiffs regarding underinsured motorist coverage. -  Grant 3 - 2,  Starcher & Albright.

9.  Sammy Lee Davis, Sr. v. Thomas McBride, Warden -  062297 - Sammy Lee Davis, Sr. appeals the denial of his post-conviction petition for habeas corpus. He was previously convicted of first degree murder with a recommendation of mercy, sexual assault of a spouse, two counts of aiding and abetting sexual assault, conspiracy to commit murder, and conspiracy to commit sexual assault. -  Refuse 3 - 2,  Starcher & Albright.

10.  State of W. Va. v. Donald Brewer -  062335 - Petitioner appeals from his sentence to serve twelve months in a regional jail after his Rule 11(a)(2) plea of nolo contendere to involuntary manslaughter as charged in the indictment. Petitioner argued below that the Indictment was not sufficient. -  Refuse 3 - 2,  Starcher & Albright.

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