October 8, 2008 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia
Motion Docket
Wednesday, October 8, 2008

Justice Albright did not participate in the consideration or decision of the cases on this docket.
Senior Status Justice McHugh sitting by temporary assignment.

1. In Re: Jean Holly Dandy, a protected person Petitioner: James Wilson Douglas - 080929 - Attorney James Wilson Douglas appeals the circuit court's order finding that he could not collect certain attorney's fees from the estate of a protected person. Mr. Douglas had been retained by the attorney-in-fact for the alleged protected person to defend the guardian and conservatorship proceeding and to file a related petition for prohibition. - Grant 4 - 1, Davis.

2. Michael Blankenship, et al. v. Boston Culinary Group v. Lakewood Swim Club v. Evanston Insurance Company - 081019 - Lakewood Swim Club seeks reversal of a December 11, 2007, Order of the Kanawha County Circuit Court which granted summary judgment in favor of Evanston Insurance Company and against Lakewood Swim Club on a declaratory judgment action. The court's ruling left Lakewood Swim Club without a defense and without coverage for lawsuits filed against it by the plaintiffs and third-party plaintiffs below. - Grant 5 - 0.

3. Clifford Crum v. Equity Insurance, Inc., et al. - 080848 - Plaintiff appeals from the circuit court's order reaffirming its prior award of summary judgment in favor of defendant, Equity Inns, Inc., in this action for personal injuries. Plaintiff seeks a reversal of the circuit court's decision. - Grant 5 - 0.

4. Gap View Village Homeowners Assoc., Inc. v. PSC/Jefferson Utilities, et al. - 081494 - Refuse 5 - 0.

5. Pamela Gainer v. WVDHHR/Bureau for Children and Families - 080666 - DHHR appeals from the circuit court's order reversing the decision of the West Virginia Education and State Employees Grievance Board upholding DHHR's 4-day suspension of respondent without pay. Grant 4 - 1, Starcher.

6. Mylan Laboratories, Inc., et al. v. American Motorists Insurance Co., et al. - 081073 - In this declaratory judgment action, Mylan Laboratories, Inc. and others appeal the circuit court's order granting summary judgment in favor of four insurance companies. The circuit court determined that policies issued by the insurance companies did not impose a duty to defend the Mylan companies in two sets of cases - the "Average Wholesale Price" actions and the "Lorazepam and Clorazepate" actions - and since there was no duty to defend, there could be no duty to indemnify. Senior Status Justice McHugh disqualified. Judge Beane sitting by temporary assignment. - Grant 5 - 0.

7. State of WV v. Mark Thomas Coleman - 081142 - Coleman appeals his jury conviction for Murder in the First Degree with a recommendation of mercy, and the circuit court's denial of his Motion for New Trial. He asserts insufficiency of the evidence. Refuse 4 - 1, Starcher.