Argument
Docket Wednesday, September 9, 2009
Supreme Court of Appeals of West Virginia
Argument
Docket
Wednesday, September 9, 2009
1. Robert J. Zaleski, M.D. v. West Virginia Mutual Insurance Company - 34620 - Defendant appeals from the circuit court's order (1) denying defendant's motion for reconsideration of its motion to dismiss or, in the alternative, motion for summary judgment; (2) denying defendant's motion for entry of an order granting its motion to dismiss pursuant to Rule 12(b)(6); and, (3) denying defendant's motion for entry of order remanding the non-renewal to defendant for further hearing. Defendant also appeals from the circuit court's sua sponte order amending defendant's non-renewal hearing procedures. Defendant seeks a reversal of the circuit court's rulings and a removal of Judge Recht from this case. Defendant also seeks its costs and expenses, including reasonable attorney's fees, and such other relief deemed appropriate.
2. Wang-Yu Lin v. Shin Yi Lin, Enterprise Rent A Car of Kentucky, et al. - 34596 - Enterprise Rent A Car of Kentucky and Empire Fire and Marine Insurance Company appeal the circuit court's declaratory judgment order finding the that there is insurance coverage. The case pertains to policy language and exclusions in a Supplemental Liability Policy purchased when renting an automobile.
3. Lloyd Michael Noland, R.N. v. Virginia Insurance Reciprocal, et al. - 34702 - In a case seeking a declaratory judgment on insurance coverage issues and asserting first party bad faith claims, plaintiff Lloyd Michael Noland appeals adverse portions of a summary judgment order and orders granting motions to dismiss later added defendants.
4. In Re: Ryan B. - 34598 - Petitioner/Mother appeals the lower court's order terminating Respondent/Father's child support obligations following voluntary relinquishment of his parental rights. - To be presented on briefs only without oral argument.
In Re: Caitlyn M., Carson M. and Steven M. - 34704 - Petitioner/Father appeals the Order of the lower court maintaining his child support obligation after he voluntarily relinquished his parental rights.
5. In Re: Brittany B., et al. - 34599 - Petitioner appeals the termination of her parental rights and the denial of post-termination visitation.
6. SER David Rosenberger v. Howard Painter, Warden - 34700 - Petitioner, David Rosenberger, appeals a denial of habeas corpus relief in the Putnam County Circuit Court on July 6, 2007. Petitioner Rosenberger primarily argued that he was denied his constitutional right to a fair trial due to the ineffective assistance of counsel and cumulative error from various errors during his trial. In 1995, the petitioner was convicted of First Degree Murder. - To be presented on briefs only without oral argument.
7. Carol A. Helfer v. Robert A. Helfer - 34703 - Wife appeals circuit court order denying her appeal of Family Court Order which held that Husband's chiropractic business had a goodwill value of zero.
8. Leslie Equipment Co. v. Wood Resources Company, Christopher Todd Zach, et al. - 34712 - Defendants Christopher Todd Zach and Ramona C. Goeke appeal the circuit court's order denying their Motion to Set Aside Default Judgment and Dismiss for Lack of Jurisdiction. They argue, inter alia, that constructive service of process was insufficient to establish in personam jurisdiction over them.
9. Howard Wrenn and Sandra Belcher v. WV Dept. of Transportation, et al. - 34717 - The plaintiffs appeal the circuit court's order granting the defendant Division of Highways' motion to dismiss. The court found that exclusionary Endorsement No. 7 to the State's liability insurance policy means that there is no coverage for the plaintiffs' claims, thus the defendant enjoys sovereign immunity and the court lacks subject matter jurisdiction. The plaintiffs argue that the court erred in its reading of the endorsement and erred by not holding that the endorsement is void as against state law and public policy.
The briefs and other filings are provided in PDF format.
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