Supreme Court of Appeals of West Virginia
1. 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. - Continued
to October 7. 2. Committee to Reform Hampshire Cty. Govt., et al. v. Richard
Thompson, et al. - 33851 - Continued
to October 7. 3. Paul E. Forshey
& Melissa L. Forshey v.
Theodore A. Jackson, M.D.
- 33834 - Plaintiff appeals the dismissal of his medical malpractice lawsuit based upon the 10 year statute of repose of W.Va. Code § 55-7B-4(a). He argues that his suit should not be dismissed based upon the continuous medical treatment doctrine, the continuing tort doctrine, or the discovery rule.
- Continued
to October 8. 4. American Modern
Home Ins. Co. v. Jeff Cora, et
al. - 33861 - The United States District Court for the Southern District of West Virginia submits an order of certification pursuant to West Virginia Code §§ 51-1A-1 to 51-1A-13 and presents the following question of law: 5. Matthew Brian Yoak, M.D. v. Marshall Univ. Bd. of Governors, et
al. - 33863 - Continued to
October 28. 6. Jeanne Cartwright v. Carl F. McComas, M.D. and Cabell Huntington
Hospital - 33868 - Plaintiff appeals from the circuit court's order awarding summary judgment in favor of defendant hospital in this medical malpractice action. - Continued
to September 24. 7. 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.
- Continued
to October 7. 8. Timber Ridge, Inc. v. Hunt County Asphalt & Paving, LLC and
Jeffrey Greenburg - 33877 - The United States District Court for the Northern District of West Virginia, Martinsburg Division, submits the following certified questions: 9. State of WV v.
Megan S. - 33831 -
Juvenile appeals from the circuit court's order adjudging her as a juvenile delinquent for the offense of battery. The juvenile challenges that finding and asserts that she was denied effective assistance of counsel.
- Continued to
September 23. - To
be presented on briefs only
without oral argument. 10. SER Hubert
Lusk v. Honorable Robert L.
Holland, Jr., Judge - 33923
- Petitioner seeks a writ of mandamus to compel the circuit court to set a timetable for briefs and motions, to order the circuit court to require his attorney to respond to him and to appoint a private investigator.- Continued to
September 23. - To
be presented on briefs only
without oral argument. 11. SER Jackie D.
Terry v. Honorable Jay M. Hoke,
Judge - 33924 - Petitioner, pro se inmate, seeks writ of mandamus to compel the circuit court to rule on his Post-Convicton Habeas Corpus pending since August 30, 2007.
- Continued to
September 23. - To
be presented on briefs only
without oral argument. 12. SER 1Starr
Dalton v. Honorable Booker T.
Stephens, Judge - 34148
- Dismissed.
Argument
Docket
Wednesday, September 10, 2008
IMPORTANT NOTE: The September 10 Argument Docket has been cancelled, and all cases
have been rescheduled. Please pay careful
attention to the new dates. For
additional information, refer to the September
9, 2008 and September
11, 2008 press releases.
"The homeowner's policy in effect at the time of the underlying events provides coverage for an "occurrence," which is defined as "an accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results, during the policy period in . . . bodily injury or property damage." Under West Virginia law, does knowingly permitting an underage adult to consume alcoholic beverages on a homeowner's property constitute an "occurrence" within the meaning of the American Modern Home Insurance Company Homeowner's policy at issue in this case?
- Continued to
September 23.
"A. Whether a contractor who does not have a West Virginia contractor's license may utilize the courts to maintain a claim or counterclaim against the property owner.
B. Whether a landowner's knowledge of the contractor's unlicensed status estops the landowner from raising the contractor's unlicensed status. - Continued to
September 23.
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Friday, August 01, 2008