Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, November 9, 2004  

1.  Independence Coal Co. v. Michael O. Callaghan, Sec;y, WVDEP and Matthew B. Crum, Dir. WVDEP’s Div. of Mining & Reclamation, and Stephanie R. Timmermeyer, Sec’y, WVDEP - 032220   - WVDEP appeals from the circuit court's order that vacated a ruling by the West Virginia Surface Mine Board. WVDEP seeks a reversal of the circuit court's order and a reinstatement of the ruling of the Surface Mine Board. - Continued.

2.  CSX Hotels, Inc., dba The Greenbrier Resort v. City of White Sulphur Springs, W. Va., et al. - 041097  - The City of White Sulphur Springs appeals the circuit court's order which permanently enjoined the City from proceeding on a January 2003 petition for annexation.- Grant 3-2, Davis & Maynard.

3.    State of W. Va. v. Warren Dempsey, Jr. - 041099 - Petitioner appeals his conviction for felony murder with the underlying felony of distribution of a controlled substance. He was sentenced to life with mercy. - Refuse 4 - 1 ,  Starcher.

4.  Nashala Sydenstricker, as mother & guardian of Michael Shawn George, II, an infant v. Petaiah Mohan, M.D. - 041045 - Plaintiff in a medical negligence lawsuit appeals an adverse jury verdict and asserts several trial errors. - Grant 3 - 1 ,  Starcher (McGraw Disqualified).

 5.  Nashala Sydenstricker, individually and as mother and natural guardian of Michael Shawn George, II, an infant; Carlos Lucero, M.D. v. Petaliah Mohan, M.D. - 041081 - Defendant doctor in a medical malpractice case petitions for appeal asserting that the circuit court erred in approving a settlement between the plaintiff and a co-defendant doctor. - Grant 3 - 1 ,  Starcher (McGraw Disqualified).

  6.   Westbrook Health Services, Inc. v. West Virginia Division of Labor - 041050 - Petitioner employer appeals from the circuit court's order affirming a decision of the Labor Commissioner that certain former employees of petitioner were entitled to unpaid wages for balances under various leave policies upon the termination of their employment. - Continued to Jan. 25, 2005.

 7.  Bob Davis v. City National Bank, formerly Home National Bank - 041083 - This appeal involves a jury verdict for the respondent for $141,772 in compensatory damages and $25,000 in annoyance and convenience following a disputed delinquent loan of $250,000 to develop a residential subdivision. Petitioner seeks reversal and a new trial or remittitur of damages upon the verdict. - Refuse 4 - 1 ,  Albright.

 8.  Richard F. Frye v. Richard L. Frye and Charles E. Frye Farms, Inc. -  040991 - Defendants appeal from the circuit court's order granting judgment in favor of plaintiff in this action seeking the dissolution of a family corporation. Defendants also seek a reversal of the circuit court's decision regarding the stock certificates at issue and its determination that the stock was properly issued. Defendants also seek a remand of this action for a new trial as to the source of funds used to repay a corporate debt. - Grant 3-2, Davis & Maynard.

9.  Meagan B., an infant, et al. v. Nationwide Mutual Insurance Company, et al. - 041772 - Plaintiff files a petition in support of the circuit court's answers to certified questions in this class action. The certified questions are as follows: Refuse 5 - 0, (Plainly Right).

CERTIFIED QUESTIONS
1. Does the equitable relief afforded under the Equitable Education Plan Class Settlement and predomination of that remedy, support class certification under West Virginia Rules of Civil Procedure, Rule 23(b)(2)?   The circuit court's answer: Yes.

2. Is the appointment of next friends in accordance with the terms of the Agreement of Settlement and the Orders of this Court for the receipt of class notice and protection of minor Settlement Class Members constitutionally sufficient?   The circuit court's answer: Yes.

3. Is the proposed notice (to be attached) of Class Settlement and the procedural requirements of the provision of the notice and the mechanism of the settlement with minor Settlement Class Members constitutionally sufficient?  The circuit court's answer: Yes.

4. Is the provision of the proposed notice to the Settlement Class Members and the Compensatory Settlement Class settlement procedure, including the provisions for opt-out, medical status review and judicial approval, relative to those Settlement Class Members who may have latent injuries constitutionally sufficient?  The circuit court's answer: Yes.

5. Does the minor plaintiff as a class representative for the settlement classes and the guardian, Bradley Barker, and the attorneys appointed as next friends by this Court for the settlement classes have standing to represent the interests of the Settlement Classes and Sub-Classes for settlement purposes, in compliance with due process requirements?  The circuit court's answer: Yes.