• Circuit Court Order
• Appellant's Brief
• Appellee's Brief 

2.  Lawyer Disciplinary Board v. William H. Duty - 33069 - Lawyer Disciplinary Board submits a five-count Statement of Charges alleging lack of diligence and improper handling of client funds, and other matters. - Chief Justice Maynard disqualified, Judge Eagloski sitting by temporary assignment. This case will be called for argument immediately following case #10.

• Respondent's Brief
• Reply Brief of the Lawyer Disciplinary Board

3.  Teresa Estep and Terry Estep v. Mike Ferrell Ford Lincoln-Mercury, Inc., et al. - 33810 - Defendants appeal from an adverse jury verdict in this vehicular crash worthiness case wherein plaintiff claimed that a 1999 Ford Ranger was defective because its occupant restraint system did not adequately protect plaintiff in a crash. Defendants raise various evidentiary and procedural trial errors, including the exclusion of any evidence about seatbelts, the presentation of opinion evidence based entirely upon speculation and conjecture by plaintiff's expert, and the failure to properly instruct the jury.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief 
• Reply Brief 

4.  Dylan Turner, et al. v. Charles Turner, Sr., et al. and City Hospital, Inc. - 33892 - Personal injury child plaintiffs below appeal circuit court order which held that while it had jurisdiction to approve or disapprove of settlement in infant summary proceeding it lacked jurisdiction to reduce medical expenses subrogation lien held by insurer/hospital due to preemption by ERISA.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief 
• Reply Brief 

5.  State of WV v. Melvin Randall Messer - 33870 - Melvin Randall Messer appeals his conviction for two counts of first degree murder with recommendations of mercy. He asserts several errors, including prosecutorial misconduct and insufficiency of the evidence.

• Circuit Court Order
• Appellant's Petition/Brief
• Appellee's Brief 

6.  Certain Underwriters at Lloyd’s London, et al. v. Pinnoak Resources, LLC, et al. - 33898 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendants and from the circuit court's order denying their motion to alter or amend the summary judgment order. This breach of contract action arises out of plaintiffs' assertion that defendants failed to pay the premium for a 5-year policy. Plaintiffs challenge the circuit court's findings regarding the meaning of certain policy language and the effect of a settlement agreement on the policy premium.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief 
• Reply Brief 

7.  Apollo Civic Theatre, Inc. v. State Tax Commissioner of WV - 33889 - Petitioner appeals from the circuit court's order denying its petition for appeal from the adverse decision issued by the Office of Tax Appeals. The circuit court affirmed the Tax Commissioner's assessment against petitioner for use tax and for consumers' sales and service tax, together with statutory interest on both assessments. 

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief 
• Reply Brief 

8.  Valley Water & Sewer Services, Inc. v. PSC/Deerwood Homeowners Association -  33899 This case has been continued generally.

• Commission Order
• Appellant's Brief
• Appellee's Brief 
• Reply Brief 

9.  O.J. Mayo v. The West Virginia Secondary Schools Activities Commission - 33838 - Defendant, The West Virginia Secondary Schools Activities Commission, appeals the circuit court's order striking as unconstitutional certain rules of the defendant, one of which was not at issue in the case, and the circuit court award of attorney's fees and costs to plaintiff. 

• Circuit Court Order
• Amicus Brief of Charleston Catholic High School
• Amicus Brief of Wheeling Central Catholic High School 
• Amicus Brief of West Virginia Board of Education
• Amicus Brief of Notre Dame High School 
• Amicus Brief of John S. Yelenic, Superintendent of Dept. of Schools, etc. 
• Appellant's Brief
• Appellee's Brief 
• Reply Brief

10.  SER Prosecuting Attorney of Kanawha County v. Bayer Corporation - 33871 - The petitioner, the Bayer Corporation, appeals from an Order dated August 10, 2006, by the Kanawha County Circuit Court, which reversed the decision of the Kanawha County Commission to exonerate Bayer's request for exoneration from erroneous personal property taxes assessments for tax years 2001, 2002, and 2003. The Kanawha County Circuit Court found that Bayer was not entitled to exoneration for the taxes previously paid. On April 30, 2007, the Circuit Court denied Bayer's Motions for New Trial and Reconsideration. Bayer now appeals the Orders of the Circuit Court. Senior Status Justice McHugh disqualified, Judge Beane sitting by temporary assignment. This case will be called for argument at 10:00 a.m.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief
• Joint Brief of the Kanawha County Assessor and Public Library Board
• Reply Brief