May 24, 2005 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, May 24, 2005

1. Columbia Natural Resources, LLC v. PSC of W. Va., Patricia B. Sturm and Mountaineer Gas Co., dba Allegheny Power - 050516 - Columbia Natural Resources seeks review and reversal of PSC order ordering Columbia to make gas available to Mountaineer Gas to service complainant/ consumer, arguing that the PSC's order is contrary to law in imposing a public service obligation upon Columbia Natural Resources with respect to facilities acquired from an unrelated third party, where no public service obligation existed, as to such facilities, prior to the acquisition. - Refuse 4 - 0, Benjamin disqualified.

2. Dennis Lee Holt, et al. v. Princess Beverly Coal Co. & WV Surface Mine Board - 042066 - Petitioner homeowners appeal from the circuit court's order affirming the decision of the Surface Mine Board vacating Cessation Order Nos. 38 and 40 and their associated penalties and converting Cessation Order No. 39 to a Notice of Violation but vacating all penalties on the basis that there was no negligence or wrongdoing by the respondent coal company. - Refuse 4 - 1, Starcher.

3. Dennis Lee Holt, et al. v. Princess Beverly Coal Co. & WV Surface Mine Board - 042408 - Petitioner, Stephanie Timmermeyer, Secretary of the West Virginia Department of Environmental Protection, seeks a reversal of the decisions of both the circuit court and the West Virginia Surface Mine Board reversing two imminent harm cessation orders issued by the WVDEP. - Refuse 4 - 1, Starcher.

4. State of W. Va. v. Brian Gregg - 050091- Petitioner appeals his conviction for robbery in the second degree and entering without breaking. Because he was also found guilty under the recidivist statute, petitioner was sentenced to life in prison. - Refuse 3 - 2, Albright & Starcher.

5. Phillip H. Willis & Ritta H. Willis v. James Pate & State Farm Insurance Co. - 050244 - Petitioner filed a Motion for a New Trial Regarding Punitive Damages Only. The Court denied the motion and the petitioner appeals from the Court's Order of denial. - Refuse 3 - 2, Maynard & Benjamin.

6. State of W. VA. v. Charles Lee Haynes - 050507 - Petitioner files an appeal from his conviction by a jury for domestic battery, third or subsequent offense. Petitioner seeks a new trial due to alleged errors in the court proceeding. - Refuse 4 - 1, Albright.

7. Joseph T. Fleming & Kathleen R. Fleming v. Farmers & Mechanics Mutual Insurance Co. of West Virginia, Inc. - 050693 - The circuit court certifies two questions seeking the applicable statute of limitations for a first-party common law bad faith action. The circuit court has answered the questions finding that the ten year statute of limitations for a breach of contract applies.

CERTIFIED QUESTIONS PRESENTED
1. Is the applicable statute of limitations for a cause of action by a first-party claimant against an insurance carrier for breach of the implied covenant of good faith and fair dealing (common law bad faith) governed by a one-year limitations period? Circuit Court's Answer: No.

2. Is the applicable statute of limitations for a cause of action by a first-party claimant against an insurance carrier for breach of the implied covenant of good faith and fair dealing (common law bad faith) government by a ten-year limitations period? Circuit Court's Answer: Yes.
Refuse 3 - 2, Maynard & Benjamin.