March 10, 2010 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia
Motion Docket
Wednesday, March 10, 2010

1. Darrell McGraw, Jr., Attorney General v. Johnson & Johnson and Janssen Pharmaceutica Products - 091273 - Johnson & Johnson and Janssen Pharmaceutica Products L.P. appeal the circuit court's adverse partial summary judgment order, bench trial order, and order on post-trial motions in a case brought by the W.Va. Attorney General pursuant to the W.Va. Consumer Credit and Protection Act. The court imposed $4,475,000 in civil penalties after finding, inter alia, that petitioners made false and misleading communications about two drugs that Janssen manufactures. - Justice McHugh disqualified. Judge Aboulhoson sitting by temporary assignment. - Grant 3-1, Davis. (Workman not participating)

2. State of WV v. Rodney Jason Berry - 091826 - Petitioner was convicted by a Raleigh County jury of First Degree Murder and Murder by Lying in Wait. Mr. Berry was sentenced to serve two life sentences without mercy by the Raleigh County Circuit Court. On appeal, petitioner alleges prosecutorial misconduct and court error in arguing that he is entitled to a new trial. - Grant 3-2 Benjamin, Ketchum

3. John G. Chapman v. Louise C. Millikan - 091810 - Louise G. Millikan appeals the Circuit court's order which affirmed the Family Court's rulings on Millikan's Motion for Contempt and Motion for Reconsideration. This case concerns the division of pension and survivorship benefits in a divorce. - Defer