Supreme Court of Appeals of West Virginia

 Argument Docket 
Wednesday,  November 2, 2005

State Capitol
Charleston, West Virginia

1.  David Payne, President, USW, etc.. v. Huntington Human Rights Commission  - 32749  - Officials with United Steelworkers of America Local Union 37 appeal the circuit court's order denying their petition for writ of prohibition. The court's order permits the Huntington Human Relations Commission to go forward with proceedings on a complaint by a Union member that the local Union failed to adequately protect him from religious discrimination by his employer. The Union asserts that the claim is completely preempted by federal labor law.  - Dismissed. 

• Appellant's Brief

2.  Thomas J. Aluise, et al. v. Nationwide Mutual Fire Insurance Co., et al. - 32723 - This is an appeal from the Circuit Court's order granting summary judgment to the defendant, Nationwide. The Court also denied motions by the petitioner for partial summary judgment on the issue of breach of contract. Petitioners also seek review and reversal with respect to the Court's adoption of the Discovery Commissioner's recommendations in that the plaintiffs were not permitted to make a record at the Discovery Commissioner hearing, or on their objections to the recommendations.

    Thomas J. Aluise, et al. v. Nationwide Mutual Fire Insurance Co., et al. - 32724 - This is an appeal from the Circuit Court's order granting summary judgment to the defendant, Nationwide. Petitioners argue that the circuit court was wrong to deny their motions for partial summary judgment and claims for first party unfair claim settlement practices and third party unfair claim settlement practices. 

• Appellant's Brief
• Appellee's Brief
• Reply Brief

3.  Anna Jean Duncan Stuck v. William Jack Stuck - 32727 - Husband in a divorce case appeals the family court's finding, affirmed by the circuit court, that the home he owned before the marriage is now subject to equitable distribution of 50% each.

• Appellant's Brief
• Appellee's Brief

4.  Dairyland Insurance Co. v. Stephanie Michelle Conley, et al. - 32704 - This is a civil action filed by Dairyland Insurance Company against defendant/third party plaintiff Stephanie Conley, wherein Dairyland was seeking subrogation against Ms. Conley for damages paid as a result of an automobile accident between Ms. Conley and Dairyland's insured. Ms. Conley filed a third party declaratory relief against her insurer, West Virginia National Auto Insurance Company, alleging that it had issued a policy of insurance that was in force at the time of the accident, and that it hence had a duty to provide coverage for the loss. The Court found that a policy had been issued by West Virginia National Auto to Ms. Conley, and not properly canceled and hence, there was insurance coverage on the date of the accident. It is from this ruling that the petitioner now appeals.

• Appellant's Brief (National Auto)
• Appellee's Brief
• Reply Brief

5.  Ulrika Browning, et al. v. Judith Haile, et al. - 32672 - Plaintiffs appeal an adverse summary judgment order in their lawsuit asserting that defendants created a nuisance and damaged their riparian rights by contaminating a stream.

• Appellant's Brief
• Appellee's Brief
• Reply Brief

6.  SER Miguel Quinones v. James Rubenstein, Comm’r. -  32661- Petitioner appeals an order denying habeas corpus relief from a second degree murder conviction, following an omnibus hearing on May 29, 2003.

• Appellant's Brief
• Appellee's Brief
• Reply Brief

7.  Weirton Heights Volunteer Fire Department, Inc., et al. v. State Fire Commission - 32721 - Petitioners appeal from the circuit court's order affirming the decision of the State Fire Commission, which withdrew recognition of petitioners as a fire departments in the State of West Virginia.

• Appellant's Brief
• Appellee's Brief
• Reply Brief

8.  SER Kanawha Eagle Limited Liability Co., et al. v. Hon. James C. Stucky, Judge - 32845 - Taxpayers seek a writ of prohibition in a tax appeal pending in circuit court, alleging that the principles of "Concept Mining" should control. - Dismissed.

• Petition for Writ of Prohibition
• Response to Petition for Writ of Prohibition

9.  SER Katrina Brooks v. Hon. John A. Hutchison, Judge - 32846 - Dismissed.

10.  SER Nancy Dillon v. Gregory Burton, Ex. Dir., WCC, et al. - 32758 - Workers' compensation claimant seeks a writ of mandamus to require payment of dependant's benefits, arguing that an administrative policy that retroactively revoke vested benefits is unconstitutional. - Dismissed.

• Petition for Writ of Mandamus