West Virginia Supreme Court of Appeals

Miscellaneous Motions Conference

Thursday, March 4,  2010

1. John R. Fowler
(Counsel for Petitioner)

Christopher B. Denson
Edmund L. Wagoner

Brent E. Beveridge
(Counsel for Respondents)

Monongalia - Tucker

Defer
 

Petitioner in Kawasaki Motors Corp., U.S.A. v. The Honorable Susan B. Tucker, No. 100052, seeks a writ of prohibition to prohibit the enforcement of an order compelling Kawasaki to respond to certain discovery requests.

 

2. Jacques R. Williams
(Counsel for Petitioners)

Michelle Winiesdorffer-Schirripa
(Counsel for Respondent Nationwide)

Monongalia - Stone

Grant 5- 0 Unless Sooner Mooted

Petitioner in Mitchell O. Dalton v. The Honorable B. Stone, No. 100119, seeks a writ of mandamus requesting a ruling from the lower court. Petitioner states that in 2002, a default on liability order was entered against his uninsured motorist carrier (Nationwide). Thereafter, the issue of damages was tried to the court in 2003. In that same year, both parties submitted findings of fact and conclusions of law. Petitioner asserts that no decision has been forthcoming despite repeated requests for a ruling and that the presiding judge is still assigned to the case on senior status. 
3.   Matthew A. Victor
(Counsel for Petitioner)

Maryclaire Akers
(Asst. Pros. Atty.)

Kanawha - Kaufman

Refuse 5- 0

 

Petitioner in State of West Virginia v. Carolyn Mallo, No. 100109, files a second petition for modification of bond conditions.
4. William R. Wooton
Russell O. Wooton

(Counsel for Petitioners)

Wayne - Young

Refuse 4- 1(Benjamin, J.)

 

Petitioner in The West Virginia Secondary Schools Activity Commission v. The Honorable James H. Young, No. 100144, seeks a writ of prohibition to prohibit the enforcement of an injunction which prohibits the Commission from assessing a 60 point penalty against the Tolsia High School team in Class AA Region Cheer Competition.

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