2. Thomas W. Taylor v. Nationwide Mutual Insurance Co., et al. - 31154 - The United States District Court for the Northern District of West Virginia (Martinsburg Division) presents an "Order of Certification to the West Virginia Supreme Court this Court arising out of a diversity action based upon plaintiff's claims brought under the West Virginia Unfair Claims Practices Act. 

QUESTION OF LAW TO BE CERTIFIED:

Does a cause of action exist in West Virginia to hold an insurance company's claims adjuster personally liable for violations of the West Virginia Unfair Claims Practices Act, W.Va. Code § 33-11-1, et seq.?

3.  In Re: Erica C., Ashley J. and Oakie Lee C. - 31245 -  Petitioner/Father appeals the termination of his parental rights and the denial of post-termination visitation with his biological child, Erica C., and with his stepchildren, Ashley J. and Oakie Lee C. - To be submitted on briefs only without oral argument.

 In Re: Erica C., Ashley J. and Oakie Lee C. -  31246 -  Petitioner/Mother appeals the termination of her parental rights and the denial of post-termination visitation with her children.  - To be submitted on briefs only without oral argument.

4.  Triad Energy Corporation of West Virginia, Inc. v. Barbara Trunk Renner, et al.  - 31243 - Defendant below appeals circuit court order enforcing settlement agreement between Defendant/ landowner and gas pipeline company to allow access to leased gas wells through Defendant's land, arguing that the circuit court erred in enforcing the written agreement which contained terms not in the parties' oral settlement agreement. -  Continued to Oct. 28.

5.  State of W. Va. v. Raymond Richardson - 31121 - Petitioner appeals his sentence for kidnapping and wanton endangerment involving a firearm. 

6.  BB Enterprises, Inc., dba Big Bertha’s v. Joseph Palmer, State Tax Comm’r - 31239 - Big Bertha's appeals from the circuit court's order affirming the final decision of the State Tax Commissioner which held that commissions paid by an exotic night club to its dancers working as independent contractors are properly subject to the consumer sales and service tax or purchaser's use tax. The Tax Commissioner's decision also held that such services rendered did not qualify as services rendered for resale under 110 C.S.R. 15. Big Bertha's seeks a reversal of the circuit court's order and the State Tax Commissioner's decision.

 JDA Management, Inc., dba Club Playmates v. Joseph Palmer, State Tax Comm’r - 31240 - JDA Management appeals from the circuit court's ruling that although the transactions in question were excepted from consumer sales and use tax as services rendered for resale under W.Va. Code §11-15A-2(s) and 110 C.S.R. 15.33.4.5, the transactions were still subject to taxation because nude dancing is excluded from the $3,000 exemption provided for artistic performances under W.Va. Code §11-15-9(a)(41). JDA Management seeks a reversal of the circuit court's order affirming the decision of the State Tax Commissioner.

7.  Christine B. Phares v. Charles J. Brooks - 31236 - Petitioner appeals the circuit court's order reinstating verdict, arguing that the circuit court failed to follow this Court's directions on remand. - Rescheduled to Sept. 23.

8.  SER Human Resource Dev. & Employment, Inc. v. Bd. of Risk & Insurance Mgt. - 31235 - Petitioner appeals the circuit court's denial of its petition for writ of mandamus which alleged that respondent had a duty, as a matter of law, to provide certain policies of insurance.

9.  Rhododendron Furniture & Design, Inc. v. Marianna Marshall - 31262  - Petitioner appeals the dismissal of its collection action, asserting that its complaint states a claim upon which relief can be granted and thus the case should be reinstated. -   To be submitted on briefs only without oral argument.

10.  SER Robert Smith, Comm’r, , et al. v. Hon. Michael Thornsbury, Judge, et al. - 31434 -  Appellant West Virginia Bureau of Employment Programs, Workers’ Compensation Division filed this writ of prohibition seeking to prohibit the Mingo County Circuit Court from proceeding in this case, arguing that it belongs in the administrative appeal process. S.E.T. Personnel Services Unlimited, Inc., plaintiff below, is seeking injunctive relief to preclude the Bureau from taking action against it with regard to its workers’ compensation certification and coverage, as well as damages for tortious conduct. -  To be submitted on briefs only without oral argument.

11.  SER Rakesh Wahi, M.D. v. WV Board of Medicine, et al. - 31422 - This writ of prohibition seeks to prohibit the West Virginia Board of Medicine from proceeding with pending charges against Dr. Wahi. - Dismissed.

12.  SER James E. Quinn v. Hon. John T. Madden, Judge, et al.-  31431 - Petitioner/Inmate seeks issuance of writ of mandamus compelling the Circuit Court of Wetzel County and Attorney Kevin Neiswonger to take action in his petition for writ of habeas corpus.  To be submitted on briefs only without oral argument.

13.  SER Donna J. Dowell v. Hon. Irene Berger, Judge - 31430 - Dismissed.

14.  SER Lawrence Myers v. Circuit Court of Boone County  - 31433 -  Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel the circuit court to issue a ruling on the following Motions filed in the circuit court: (1) Motion for Production of Documents filed on 7/12/01; (2) Motion for Transcripts of a 404(b) hearing held on 1/11/00 and filed on 7/12/01; (3) Motion for 8/30 and 8/31 1999 Transcripts (no filing date given); (4) Motion for a 5/25/00 Transcript (no filing date given.) - Dismissed.