Argument
Docket Wednesday, March 11, 2009
1. Josephine Morgan v. Ford Motor Co. and Francis Robert Morgan - 34139 - This appeal relates to the cross-claim brought by defendant Frances Robert Morgan against defendant Ford Motor Company in this personal injury action arising out of a rollover accident. Cross-claimant Frances Morgan appeals the circuit court's order partially granting Ford Motor Company's motion for judgment as to defendant Morgan's glass and glazing claims having concluded that such claims are preempted by federal law. Justice Davis disqualified. Judge Swope sitting by temporary assignment.
- Circuit Court Order
- Appellant's Brief
- Appellee's Brief
- Reply Brief
- Amicus Brief of The Product Liability Advisory Council
2. Timberline Four Seasons Resort Management Co. v. Pat J. Herlan and Timberline Realty - 34151 - Petitioners Timberline Four Seasons Resort Management Co., Inc. and Long Run Realty, Inc. appeal the circuit court's order denying their Petition for Injunctive Relief. At issue is whether Respondent Pat J. Herlan, a real estate broker who ran a realty office that managed vacation rental properties, was an agent of the resort.
3. SER Nationwide Mutual Ins. Co. v. Hon. John Lewis Marks, Jr., Judge - 34615 - Petitioner seeks a writ of prohibition to prohibit enforcement of the circuit court's order compelling Petitioner to produce discovery of the production of confidential settlement agreements entered into by Nationwide and claimants other than the plaintiffs in this case. Petitioner argues Respondent exceeded his judicial authority in ordering production of confidential settlement agreements contrary to State public policy and legislative intent, and Respondent exceeded his judicial authority by ordering production of confidential settlement agreements in separate, unrelated claims invading the rights of third parties without notice to the third parties.
4. SER Kathryn Kutil and Cheryl Hess v. Hon. Paul M. Blake, Jr., Judge, et al. - 34618 - Petitioners seek issuance of a writ of prohibition challenging the circuit court's order of November 12, 2008. Petitioners assert the circuit court acted outside its discretionary authority by ordering WVDH&HR to remove an infant from a foster home to a "traditionally defined home with both a mother and father". Petitioners contend the circuit court removed the infant from their home based on the sexual orientation. Removal of the child would inflict severe emotional trauma to the child.
-
Answer of WV Dept. of Health and Human Resources to Amended Petition
- Amicus Brief of American Civil Liberties Union
- Amicus Brief of the National Association of Social Workers, etc.
- Amicus Brief of Foster Care Alumni of America, etc.
5. Sharron K. Chenault v. Thomas D. Chenault - 34160 - Petitioner husband appeals from the circuit court's order affirming the family court's second amended qualified domestic relations order. Petitioner asserts error and challenges whether a former spouse is entitled to any portion of the ex-spouse's retirement earned post-separation and whether an ex-husband's former employer can interpret a Q.D.R.O. and independently determine what monies it will pay to a former spouse even though that interpretation is contrary to law on its face.
6. SER Board of Education of the County of Putnam v. Hon. J.D. Beane, Judge - 34617 - Petitioner seeks a writ of prohibition against the circuit court arguing the circuit court exceeded its authority in its order of November 7, 2008, ordering the Petitioner to provide and pay for a full-time nurse for Clay E. M., a student who is eligible to receive special education through Disabilities Education Act. To be presented on briefs only without oral argument.
7. State of West Virginia v. Danny Minigh - 34266 - Defendant appeals from his conviction for conspiracy to commit the felony offense of manufacturing a controlled substance. Defendant moved for a new trial or a judgment of acquittal due to lack of evidence to prove the conspiracy. The circuit court found that there was sufficient evidence in the record for the conspiracy and denied defendant's post-trial motions. Defendant was sentenced to one to five years to be served consecutive to a charge in Gilmer County. Defendant raises issues related to double jeopardy, the sufficiency of the evidence, and evidentiary error below. To be presented on briefs only without oral argument.
8. SER Philip Michael Collins v. Hon. Robert A. Waters, Judge - 34616 - Petitioner seeks a writ of mandamus to compel the circuit court to enter an order with Findings and Conclusions of Law on a evidentiary hearing held on 7/16/01. Pursuant to WV Code § 53-4A-7(c), Petitioner argues the court has statutory obligation to enter Findings and Conclusions of Law, but states seven years is sufficient time. To be presented on briefs only without oral argument.
