Supreme Court of Appeals of West Virginia

gavel Argument Docket  
Tuesday, October 7, 2003

Barbour County Courthouse
Philippi, West Virginia

1.  Foundation for Independent Living, Inc., et al. v. Cabell-Huntington Board of Health  - 31120 - The Board of Health appeals from an adverse order in this declaratory judgment action wherein plaintiffs sought temporary and permanent injunctive relief prohibiting the implementation of the Board of Health's "Clean Indoor Air Regulation." The Board of Health seeks a reversal of that decision.

2.  Bernice Huges Adkins v. Jimmy Stacy, et al. - 31242 - Plaintiff in encroachment suit appeals circuit court order entering judgment for the Defendants following bench trial, arguing that the circuit court erred in ordering her to destroy her garage, erred in failing to award Plaintiff damages for the Defendants's actions in removing her privacy fence and erred in finding that the Defendants had actual dominion and control over the entire area of property in contention.

3.  Frank S. Martino v. Betty J. Barnett, et al. - 31270 - Pursuant to W.Va. Code §58-5-2 and Rule 13 of the West Virginia Rules of Appellate Procedure, the circuit court certifies questions regarding West Virginia's "Privacy of Consumer Financial and Health Information" (Title 114 C.S.R. Series 57) (hereinafter the "West Virginia Privacy Rule"), promulgated by the Insurance Commissioner, and the Gramm Leach Bliley Act (15 U.S.C. § 6801 et seq.) (hereinafter "GLBA").

CERTIFIED QUESTIONS: 

1. Does the West Virginia Privacy Rule and the GLBA restrict the dissemination by an insurance company of "non-public personal information" regarding an insured or any other person to a claimant or a claimant's legal representative necessary for the proper adjustment of a claim?

2. Does the West Virginia Privacy Rule and the GLBA restrict the dissemination by an insurance of "non-public personal information" regarding an insured or any other person through the discovery process to a claimant/plaintiff once civil litigation is instituted against an insured?"

3. To what degree do the West Virginia Privacy Rule and the GLBA provisions restricting dissemination by an insurance company of "non-public personal information" regarding an insured or any other person control an insurance company's duties under the West Virginia Unfair Trade Practices Act, W.Va. Code §33-11-1 et seq.?

4.  State of W. Va. v. Sheila Jean Brooks  - 31158 - Defendant appeals from her conviction for misdemeanor battery. She was sentenced to one year imprisonment with a fine of $500, both of which were suspended. Defendant was placed on probation with six months home confinement and 450 hours of community service. 

5.  Thomas D. Haislop, et al. v. Gary Edgell, Supt., WV Dept. of Public Safety, et al.  - 31261 - Petitioners appeal the circuit court's denial of injunctions sought to prohibit unlimited public disclosure by the State of their names as convicted sex offenders. Petitioners raise constitutional challenges to W.Va. Code § 15-12-1 et seq., commonly referred to as the West Virginia Sexual Offender Registration Act. 

 

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Tuesday, September 23, 2003