Argument
Docket
Wednesday, June 8, 2005
1. Albert E. Ruble, Adm. v. Albert E. Ruble, et al. - 32506 - Defendants, Donald and Maude Copeland, appeal from the circuit court's order finding that the residue clause of a holographic was valid and that the residue of the decedent's estate was to be distributed to plaintiffs, Albert and Betty Ruble, in accordance with the terms of the holographic will.
2. SER Darrell V. McGraw, Jr., Attorney General v. Bear, Stearns & Co., Inc., et al. - 32515 - Defendants petition this Court for a review of the following certified question from the Circuit Court of Marshall County:
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.
3. Cindy L. Adkins, et al. v. Cathy S. Gatson, Circuit Clerk, et al. - 32509 - Petitioners appeal the circuit court's order which reversed the decision of the Bureau of Employment Programs in consolidated unemployment compensation cases. The circuit court held that the petitioners had resigned their employment without good cause involving fault by the employer and thus were disqualified from receiving unemployment benefits.
4. Jamie C. Metz v. David M. Metz - 32517 - 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.
5. SER Kenneth G. Lenhart v. Hon. John L. Henning, Jr., Judge 32570 - Dismissed.
6. SER Regina Lucente v. Hon. John Lewis Marks, Jr., Judge - 32575 - Dismissed.
7. Glen and Anita Yeager, et al. v. Aetna Casualty & Surety Co., et al. 31939 - Petitioners seek appellate review of the circuit court's grant of respondent Aetna's motion for summary judgment and denial of petitioners' motion for summary judgment. The Court found that Aetna had no duty to defend the underlying cases and that there was no coverage under the policies for the complaints alleged. This case will be heard at 10:00 a.m. Justice Benjamin disqualified. Judge Madden sitting by temporary assignment.
8. Heeter Construction, Inc. v. WV HRC & Peter Kelly, et al. - 32512 - Heeter Construction, Inc., appeals from the Human Rights Commission's decision that it committed race, age, and gender discrimination when hiring employees for two highway construction projects.
- Appellant's Brief
- Appellee's Brief
- Appellant's Reply Brief
- Amicus Brief (filed by Harry P. Henshaw, III on behalf of Heeter Construction)
9. SER F. Douglas Stump, WV DMV v. Hon. Gary L. Johnson, Judge, et al. - 32651
10. SER TermNet Merchant Services, Inc. v. Hon. Phillip B. Jordan, Judge, et al. - 32652 - Petitioner seeks a writ of prohibition to prevent enforcement of order imposing substantial contempt fines.
The briefs and other filings are provided in PDF format.
Download free Reader 
Monday, June 06, 2005