Supreme Court of Appeals of West Virginia

 gavel Argument Docket  
                
Wednesday, March 26, 2003

1.   Verizon West Virginia, Inc., et al., Eastern Associated Coal Corp. v. WV BEP, 
WCD
- 30899 - 
These three appeals by employers appeal the lower courts order affirming an administrative order upholding the methodology the Bureau of Employment Programs established for charging premiums to self-insurers for fiscal year 1998.

Verizon West Virginia, Inc., et al., Weirton Steel Corp. v. WV BEP, WCD - 30900 

 Verizon West Virginia, Inc., et al., Pine Ridge Coal Co. v. WV BEP,WCD  - 30901 

2.  Charleston Radiation Therapy Consultants, PLLC v. Carelink Health Plans,
Inc.
  - 30960 - 
Plaintiff appeals from the circuit court's dismissal of their complaint seeking to recover a balance owed to it for charges associated with plaintiff's treatment of a subscriber, as authorized by the defendant health maintenance organization.  -  Dismissed.

3.  Sheila Cantrell v. Joseph Cantrell, et al. - 30850 - Petitioner appeals the circuit court's order granting summary judgment to respondents and denying her claims for underinsured motorist coverage and bad faith settlement practices. Petitioner had requested discovery on whether Respondent State Farm's premiums were appropriately adjusted to reflect the inclusion of a "family use" exclusion for underinsured motorist coverage, but was not able to complete this discovery in light of the dismissal of her case.

4.  In Re: The Marriage of Marlene J. McGee v. Louis L. McGee  - 30965 - Petitioner wife appeals from the circuit court's order directing that a 3% COLA be applied to her retirement thereby raising the value of her retirement by $100,875, which grossly affected equitable distribution.

5.  Karen P. Hein (Zaleski) v. Robert J. Zaleski  - 30961 - Petitioner wife petitioned for a modification of child support seeking to compel respondent husband to pay for the special educational expenses of the parties' minor child. Respondent husband cross-petitioned for a reduction in child support. Petitioner appeals from the circuit court's order denying, in part, her petition for review and granting respondent husband's petition for review. -  Continued.

6.  WV Mandatory Continuing Legal Education Commission v. Jack V. Altizer, 
et al.
  - 31007 - 
Proceedings against attorneys who have failed to demonstrate compliance with mandatory continuing legal education requirements during the prior reporting period. - To be submitted on briefs only without oral argument. 

7.  SER Robert S. Drake v. Hon. George W. Hill, Jr., Judge  - 31112 - Petitioners seek a writ of prohibition to prohibit the entry of an order effectively denying their appeal from a family court order. - To be submitted on briefs only without oral argument. 

8.  SER M. Andrew Brison, et al. v. Hon. Tod J. Kaufman, Judge, et al.  - 31114 - These two actions (31114 & 31115) arise out of a first-party bad faith action in the Circuit Court of Kanawha County.  Petitioners seek to prohibit the lower court's ordered disclosure of documents contained within the underlying litigation file.  One of the issues in the case is the interpretation of footnote 8 of this Court's opinion in Honaker v. Mahon in the context of determining whether the attorney-client privilege should apply. There are other cases under consideration by the Court related to this issue.  For a fuller explanation see this post on the civil topics page. 

9.  SER Nationwide Mutual Insurance Co., et al. v. Hon. Tod J. Kaufman, 
Judge, et al
.  - 31115 - 
See above.

 

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Friday, March 21, 2003