Supreme Court of Appeals of West Virginia

 Argument Docket  
Wednesday, March 12, 2008

1.  Hugh M. Caperton, et al. v. A. T. Massey Coal Co., Inc., et al. - 33350 - Rehearing of defendant's appeal from an adverse jury verdict in this action for  tortious interference with a business relationship, fraudulent concealment and fraudulent misrepresentation. Chief Justice Maynard and Justice Starcher disqualified. Judges Cookman and Fox sitting by temporary assignment.  This case will be called at 2 p.m.

Briefs prior to rehearing

• Appellant's Brief
• Appellee's Brief (Caperton)
• Appellee's Brief (Harman Development)
• Reply Brief

2.  SER Blue Eagle Land, LLC, et al. v. WV Oil & Gas Conservation Comm., et al. - 33705 - Petitioners seek a writ of prohibition to challenge the exercise of jurisdiction by the WV Oil & Gas Conservation Commission over certain wells completed in (but not below) the Marcellus Shale geologic formation. - Justice Benjamin disqualified. Judge Hatcher sitting by temporary assignment.

• Petition for Writ of Prohibition
• Response of Chesapeake Appalachia
• Response of Eastern American Energy
• Response of West Virginia Oil & Gas
• Amicus Brief of West Virginia Surface Owners' Rights
• Reply Brief

3.  Richard C. Rashid, M.D. v. Muhib S. Tarakji, M.D. - 33596 - This civil action was involuntarily dismissed under Rule 41(b) for failure to pay a twenty dollar fee. Petitioner appeals by arguing that the case was dismissed without prior notice and without an opportunity to be heard as mandated by case law. -  Justices Davis and Benjamin disqualified. Judge Walker and Senior Status Judge Egnor sitting by temporary assignment. - Continued to April 1.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief
• Reply Brief

4.  Joseph Fauble, et al. v. Alex E. Paris Contracting, Inc. v. Nationwide Mutual - 33667 - Petitioner appeals from the circuit court's order granting plaintiffs' motion for summary judgment in this action to enforce a settlement agreement and to establish the amount petitioner was entitled to receive under its subrogation claim.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief
• Reply Brief

5.  Theresa D. Messer v. Huntington Anesthesia Group, et al. - 33663 - Plaintiff appeals from the circuit court's order granting the employer's motion for summary judgment in this handicap discrimination case brought under the West Virginia Human Rights Act.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief (Huntington Anesthesia Group, etc.)
• Appellee's Brief (Drs. Newfeld, Shy and Striz)
• Reply Brief

6.  Brenda Stanley v. Suthipan Chevy, M.D. - 33666 - Petitioner, Brenda L. Stanley, appeals from the Logan County Circuit Court's denial of post-trial motions. Plaintiff filed a medical malpractice suit for damages alleged in the performance of surgery. A verdict was returned in favor of the defendant by finding that the defendant was not negligent. Rescheduled to April 1.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief
• Reply Brief

The briefs and other filings are provided in PDF format. 
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Tuesday, March 18, 2008