2.  Edward A. Holik, Jr., Adm., et al. v. Consolidation Coal Co., et al.  - 31225 - Petitioner appeals from the circuit court's order granting summary judgments on Counts I and II alleging negligent hiring was properly entered in favor of defendant. Petitioner also appeals the Circuit Court of Mingo County's transfer of the case from Mingo County to Monongalia County. The central issue is whether the employees of an independent contractor may sue a landowner for injuries alleged to be caused by the landowners own carelessness in the negligent hiring of an independent contractor.

3.  Angela S. Love v. Georgia-Pacific Corp., et al.  - 31228 - This action was originally filed as a class action in the Wyoming County Circuit Court alleging that Georgia-Pacific Corporation's payroll practices violated the West Virginia Wage Payment and Collection Act. On May 20, 2002, the Wyoming County Circuit Court entered an order denying plaintiff's motion to conduct discovery on class-related issues, rejected class action status, and directed that the action be transferred to the Fayette County Circuit Court. Plaintiff is appealing the denial of class certification.

4.  Sydney Walsh v. Jefferson Memorial Hospital  - 31266 - Plaintiff appeals from the circuit court's order awarding summary judgment in favor of the defendant hospital in her action brought under the West Virginia Wage Payment and Collection Act. Plaintiff sought wages for unpaid, earned, accrued sick leave, plus liquidated damages and attorney's fees. 

     Patricia McDowell v. Jefferson Memorial Hospital  - 31267 - Plaintiff appeals from the circuit court's order awarding summary judgment in favor of the defendant hospital in her action brought under the West Virginia Wage Payment and Collection Act. Plaintiff sought wages for unpaid, earned, accrued sick leave, plus liquidated damages and attorney's fees. 

5.  Barbara S. Taylor, Chief, OWR, DEP, et al. v. Culloden Public Service Dist., et al.  - 31263 - This case concerns causes of actions for public and private nuisance and trespass arising out of the defendants discharge of pollutants into waters of the State and onto the Intervenor's property. Petitioner appeals from the circuit court's denial of a motion for summary judgment. On appeal, the intervenors seek reversal and remand for entry of summary judgment on liability and a jury trial on the issue of damages.

6.  Larry McDaniel v. WV Division of Labor  - 31272 - The WV Division of Labor appeals the Circuit Court's reversal of an administrative decision finding personal liability of a corporate officer for unpaid employee wages and benefits. 

7.  L. Dean Schwartz, et al. v. WV Division of Labor  - 31273 - The WV Division of Labor appeals the Circuit Court's reversal of an administrative decision regarding personal liability of two corporate officers for unpaid employee wages and benefits. The agency appeals the court's finding that the agency authority to award damages through the administrative process.

8.  Marshall Bond, Jr., as Co-Trustee, et al. v. Philip Bond, as Co-Trustee  - 31310 - Petitioner co-trustee appeals the circuit court's decision to appoint two successor co-trustees to administer trust along with petitioner. Petitioner asserts that filling co-trustee vacancies is not permitted under the terms of the trust and that there is no cause to appoint additional trustees. Petitioner also appeals the court's decision regarding attorney fees.

9.  Rebecca M. Arbogast, et al. v Mid-Ohio Valley Medical Corp.  - 31314 - Defendant in a medical negligence case appeals the circuit court's entry of judgment notwithstanding the verdict to plaintiff on the issue of liability and the granting of a new trial on damages. 

10.  April L. King, et al. v. David Hefferman, M.D., et al.  - 31321 - Plaintiffs appeal from the circuit court's order dismissing this medical malpractice action against the University of West Virginia Board of Trustees on the basis of improper venue. Plaintiffs seek a reversal of this order with directions that the circuit court allow the case to proceed against the WVBOT in Kanawha County.

11.  Stephanie D. Baughman, et al. v. Wal-Mart Stores, Inc.  - 31312 - Petitioner challenges Wal-Mart's common and widespread practice of post-offer, pre-employment drug testing. The Court granted Wal-Mart's motion for summary judgment in finding that no law prohibits Wal-Mart's practices.  - Continued to Nov. 18. 

12.  Linn Rose, et al. v. St. Paul Fire & Marine Insurance Co., et al.  - 31317 - Defendant insurer appeals from the circuit court's order denying its motion for partial summary judgment and finding that the duties imposed upon defendants under the West Virginia Unfair Trade Practices Act are not delegable and that said defendants can be held liable for the conduct of the attorney's employed to defend the underlying action against defendant's insured to the extent that such conduct implicates the various provisions of the Unfair Trade Practices Act.

13.  State of W. Va. v. Joshua Dean Sprague  - 30966 -  Defendant seeks a reversal of his convictions for escape from a correctional institution, malicious assault on a correctional officer, aggravated robbery and conspiracy to commit escape from a correctional institution. He raises issues of venue, prosecutorial misconduct and insufficiency of the evidence. - To be submitted on briefs only without oral argument.

14.  John P. Walker, etc. v. Dawn D. Ovies  - 31155 - Petitioner appeals the circuit court's order which affirmed the family court's granting of a domestic violence protective order against petitioner and modifying custody of infant children. -  Continued to Nov. 18. 

15.  Karen Lockett v. Fayette County Board of Education  - 31316 - Vocational business teacher appeals the circuit court's order affirming the grievance board's denial of her equal pay case. She asserts that she is entitled to additional pay for certain experience in the private sector before she became a teacher.

16.  SER Roger Wyant v. Keith Brotherton, Clerk, Circuit Court of Jackson County  - 30904 - Prisoner, convicted of first degree murder and sentenced to life without mercy, seeks issuance of writ of mandamus to require circuit clerk to produce to prisoner specified records from his underlying criminal file and in the alternative, to release him from incarceration based upon the clerk's noncompliance with his Freedom of Information Act request. He brought a duplicate action in the circuit court of Jackson County which resulted in a denial of the petition for mandamus based upon the circuit clerk's representation to Judge Evans that the prisoner had previously been provided with the file in 1985. - To be submitted on briefs only without oral argument.

       SER Lorenzo D. Valentine v. Hon. John R. Frazier, Judge  - 30907 - Petitioner/Defendant seeks the issuance of a writ of mandamus compelling the Circuit Clerk of Mercer County to grant Petitioner/Defendant's Freedom of Information Act request. -   To be submitted on briefs only without oral argument.