2.  Mindy and Billy McCormick v. Wal-Mart Stores, Inc. - 081046 - Plaintiffs Mindy and Billy McCormick appeal the circuit court’s order denying their "Motion for Determination of Damages" and "Rule 59(e) Motion for Reconsideration." They argue that defendant Wal-Mart should be compelled to pay their attorney’s fees and litigation expenses. Refuse 5-0

3.  Glenn F. Macher, Jr. v. City of Martinsburg - 081145 - The petitioner, Glenn F. Macher, Jr., appeals from an Order Denying his Motion for Relief from Final Judgment Pursuant to Rule 60(B) entered by the Berkeley County Circuit Court on October 10, 2007. Petitioner seeks reversal and remand of that decision so the original Petition for Mandamus can be considered on the merits by the circuit court. (Oral Presentation Waived) -- Refuse 3-2 (Maynard, Starcher)

4.  Betty Lou Zirkle Carpenter v. Shirley Blaniar Luke -  081154 - The petitioner, Shirley Blaniar Luke, appeals the Harrison Circuit Court’s rulings denying a Motion to Alter or Amend Judgment pursuant to West Virginia Rule of Civil Procedure Rule 59 and denying a Motion for New Trial pursuant to Rule 59. The original civil action was brought by the Respondent seeking declaratory relief to establish ownership of certain real estate located in Harrison County, West Virginia. A jury determined that the petitioner had not adversely possessed the real estate and had not obtained an easement by prescription. Grant 5-0

5.  State of WV v. Ray E. Carey - 081190 - Defendant appeals from his conviction of domestic violence. Defendant seeks a reversal of his conviction or, in the alternative, that his case be remanded to the magistrate court for a new trial where he has the opportunity to present his entire case. Continued

6.  City of Dunbar v. Roger Wolfe, Mayor, et al. - 081189 - The City of Dunbar, by its city council, filed a petition for declaratory judgment arguing that Dunbar Mayor Roger Wolfe and Clerk Ron Rowley acted ultra vires and violated the city charter, city personnel policy, and state law by converting, without council approval, city department heads from salaried to hourly employees with overtime benefits. The circuit court entered an "Order Granting Plaintiff's Motion for Judgment on the Pleadings," from which the defendants mayor and department heads now appeal. Refuse 5-0

7.  SER Darrell McGraw, Jr. v. Able Debt Settlement, Inc. - 080715 - Petitioner appeals from the circuit court's order granting injunctive relief to respondent in this action arising out of an investigative subpoena directed to petitioner. Petitioner asserts that the circuit court made various procedural, jurisdictional, and constitutional errors below. Petitioner seeks a reversal of the circuit court's orders and such additional relief as this Court deems proper. Continued

8.  Oscar Dennis Dempsey and Thelma Louise Dempsey v. State Electric Supply Co., et al. -  081352  - The Petitioners, Oscar and Thelma Dempsey, appeal decisions and orders entered by the Circuit Court of Cabell County on January 30, 2008, granting partial summary judgment in favor of the Respondents, State Electric Supply Company and Arthur's Enterprises, Inc., as well as granting Respondents' Motion in Limine in its entirety. Petitioners alleged eleven counts in their Complaint: 1) age discrimination; 2) disability discrimination; 3) workers' compensation retaliatory discharge; 4) violation of the West Virginia Human Rights Act, specifically, West Virginia Code §5-11-9; 5) outrageous conduct; 6) retaliatory discharge; 7) breach of employment contract; 8) retaliatory discharge regarding employee benefits; 9) loss of consortium; 10) intentional infliction of emotional distress; and 11) punitive damages. On appeal, Petitioners seek reversal of both rulings by the lower court. Refuse 5-0

9.  Princeton Insurance Agency, et al. v. Erie Insurance Company, et al. - 081181 - Defendants appeal from an adverse jury verdict in this action alleging violations of the West Virginia Anti-Trust Act and the West Virginia Unfair Trade Practices Act, and West Virginia's incorporation of the consumer protection portions of the Graham, Leach, Bliley Act. While the jury found in favor of the defendant insurance group as to the consumer protection claims, it also found that the defendant insurance group had committed an unlawful restraint of trade and was liable under the Anti-Trust Act and the Unfair Trade Practices Act. Defendants raise errors related to jurisdiction, damages, evidence, and various rulings of the circuit court. Defendants seek a reversal of the circuit court's decision to allow the anti-trust claims to proceed to trial, as well as a new trial. Grant 4-1 (Starcher)

10.  James Turner v. Martha Walker, Secretary, WV Dept. of Health and Human Resources, et al. - 081362 - The Department of Health and Human Services appeals from the circuit court's order reversing the Board of Review's decision that affirmed a determination by the Bureau for Medical Services that respondent had failed to meet the written, defined eligibility requirements of the Medicaid Mentally Retarded/Developmentally Disabled Waiver Program. DHHR seeks a reinstatement of the Board of Review's decision. Refuse 3-2 (Maynard, Starcher)

11.  Kathryn J. DeCerbo v. West Virginia University Hospitals, Inc. - 081180 - Plaintiff appeals from an adverse jury verdict in this action following her termination from employment. Plaintiff alleges errors in relation to the jury and the evidence below. Refuse 4-1 (Starcher)