Supreme Court of Appeals of West Virginia
1. This case will be called
at 2:00. SER Chemtall Incorporated, et al. v. Hon. John T. Madden,
Judge, et al. - 33380 - Petitioners (former coal preparation plant workers) seek medical monitoring for diseases they claim may develop in the future because of exposure to polyacrylamide flocculants. Petitioner challenge two circuit court orders which petitioners assert are contrary to the prior opinions of this Court.
Chief Justice Davis disqualified. Judge Pratt sitting by temporary assignment.
2. SER Lambert Turner Jones, II, et al. v. Hon. Arthur M. Recht,
Judge, et al. - 33383 - Petitioner seeks a writ of prohibition to prohibit trial set for 4/25/07. The court below granted defendant's Motion to Exclude the testimony of petitioner's expert witness and denied Petitioner's Motion to Continue the Trial (no written order has been entered by the court). 3. Preussag International Steel Corp., dba Infra-Metals Co. v.
March-Westin Co., et al. - 33286 - The United States District Court for the Northern District of West Virginia certifies the following question to this Court: i. Agrees to fabricate and deliver structural steel components conforming to the construction project's unique design specifications; 4. Bernard J. Folio, et al. v. City of Clarksburg - 33295 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of the defendant municipality in this action for specific performance and enforcement of right-of-way interests. Grandeotto, Inc. v. City of Clarksburg - 33302
- Grandeotto, Inc. appeals the circuit court's order which granted summary judgment in favor of the City of Clarksburg in Grandeotto's lawsuit asserting fraudulent misrepresentation or negligent misrepresentation. 5. Amanda A. Frymier v. Higher Education Policy Commission, et al.
- 32163 - Due to cost-reducing measures, petitioner's yearly work hours at Glenville State College were reduced. Petitioner appeals from the circuit court's order which affirmed the grievance board's decision that petitioner could not "bump" a less-senior employee in the same classification whose hours were not reduced. Amanda A. Frymier v. Higher Education Policy Commission, et al.
- 33296 - Petitioner Amanda Frymier appeals from the circuit court's order which affirmed the grievance board's decision that petitioner was not subjected to discrimination and favoritism. 6. State of W. Va. v. Danny L. Cecil - 33298 - Petitioner seeks a reversal of his conviction upon three felony counts, including one count of Sexual Abuse in the First Degree and two counts of sexual abuse by a guardian or custodian. 7. State of W. Va. v. Richard Allen Haines - 33304 - Richard Allen Haines appeals his conviction for one court of felony Delivery of a Schedule II Controlled Substance, to wit:
methamphetamine. 8. Sandra Lynn Foster (now Lilly) v. James Tyrone Foster
- 33301- Plaintiff wife appeals from the circuit court's order reversing the family court and determining that respondent father's claim for overpayment of child-support was not time-barred. 9. Christopher Lee Davis v. Thomas McBride, Warden - 33199
- Petitioner appeals from the circuit court's order denying his petition for habeas relief. Petitioner asserts that both his state and federal constitutional rights have been violated. 10. SER David Eddie Cowan v. Jane Cline, Insurance Comm’r, State of WV, et
al. - 33436 - Petitioner wants to compel the Ins. Commissioner and BrickStreet Services to render a decision regarding claimant's application for total life award. Petitioner asserts the Commissioner has failed to act on this request for 8 years.
- Dismissed.
Argument
Docket
Wednesday, September 12, 2007
Certified Question:
"Under W.Va. Code §38-2-39 (2003), is a steel fabricator deemed to be a "subcontractor" where:
A. The steel fabricator enters a fixed-price contract with the general contractor of a public works construction project, pursuant to which the fabricator
ii. Produces shop drawings for the fabricated steel components based on the project's engineering calculations and design specifications' [sic]
iii. Submits its shop drawings for approval by the project's architect and general contractor before fabricating the structural steel components; and
iv. Delivers the fabricated steel components on a delivery schedule based on construction progress;
B. The steel fabricator performs all physical fabrication processes at its own facility, away from the project site; AND
C. The fabricated steel components are not fungible and not readily marketable without further modification?"
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Wednesday, September 12, 2007