Miscellaneous Motions Conference
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1. |
Brian D. Morrison Cecil Varney
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Petitioner Workers’ Compensation Commissioner in State ex rel. Robert Smith v. The Honorable Michael Thornsbury, No. 030919, seeks a writ of prohibition to prohibit the lower court from taking further action in this matter. |
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2. |
Darrell V. McGraw, Jr. Mary Ellen Griffith
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Petitioner in State of West Virginia ex rel. West Virginia Department of Health and Human Resources v. The Honorable John R. Frazier, No. 031200, seeks a writ of prohibition to prohibit the lower court from reopening a foster home and ordering foster care maintenance payments for the home. |
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3. |
Anthony I. Werner Robert H. Sweeney, Jr. Robert J. Gaudio Paul D. Kreeps William A. Kolibash
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Appellee in Michael D. Kraft and Teri Kraft v. ZEZ Kennels, Inc. and Wheeling Downs Racing Association, Inc., No. 031267, seeks to expedite consideration of the petition for appeal filed by Wheeling Downs. |
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4. |
Anthony I. Werner Robert H. Sweeney, Jr. Robert J. Gaudio Paul D. Kreeps William A. Kolibash
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Plaintiffs in the immediately preceding petition move to strike the response filed by Wheeling Downs. |
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5. |
Robert H. Sweeney, Jr. Benjamin L. Bailey Robert F. Daley Scott S. Segal Jon B. Orndorff Stephen M. Schwartz
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Petitioner American Standard Inc. in In Re: West Virginia Asbestos Litigation, No. 31237, moves to supplement the record. |
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6. |
Larry Harless Thomas R. Goodwin
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Petitioners in Greenbrier County Coalition Against Gambling Expansion and Cabell County Coalition Against the Expansion of Gambling- Unincorporated Associations v. West Virginia Lottery Commission, No. 031300, seek: (1) a writ of mandamus to direct the lower court to reinstate their petition for writ of mandamus which was dismissed; (2) a writ of mandamus directing the lower court to hear the petitioners’ motion for a preliminary injunction; and (3) to require a hearing on the merits of their claims.
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7. |
Kevin C. Duffy Beverly S. Selby
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Movant in Howard Jeffrey L. v. Timothy Ruckman, No. 03-053, files a motion for a stay of relief ordered by the circuit court judge pending appeal. |
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8. |
Michael C. Allen Paul Blake, Jr.
Raleigh - Hutchison
No. 031307 |
Petitioner in State ex rel. Troy Douglas Ballard v. The Honorable John A. Hutchison, No. 031307, seeks a writ of prohibition to prevent the enforcement of orders related to his motion to dismiss certain counts of his indictment. |
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9. |
Loren B. Howley Lyne Ranson
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Appellant in April L. Cornelius v. David A. Cornelius, No. 31234, moves for an expedited consideration of her petition for appeal. |
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10. |
D. C. Offut, Jr. James D. McQueen, Jr.
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Petitioners in State ex rel. Medical Assurance of West Virginia, Inc. and Proassurance Corporation v. The Honorable Louis H. Bloom, Judge of the Circuit Court of Kanawha County, West Virginia; and David G. Cook, No. 030390, seek a writ of prohibition to prohibit the enforcement of an order of the lower court. |
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11. |
Tanya M. Kesner Donald M. Kresen Jeffrey A. Grove
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Petitioner in Westfield Insurance Company v. The Honorable John T. Madden, Judge of the Circuit Court of Marshall County, W.Va.; Richard Hornbeck; and Robert Litman d.b.a. Litman Excavating, No. 031303, seeks a writ of prohibition to prohibit the enforcement of two orders of the lower court requiring discovery production in a first- and third-party UTPA/bad faith case. |
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