Mass Litigation Panel

Overview

As part of the process for efficiently managing and resolving mass litigation in West Virginia courts, the Supreme Court has established a Mass Litigation Panel through the adoption of Trial Court Rule 26. Among other duties, the Panel presides in certain types of mass litigation cases referred to it by the Chief Justice. The process for referral of cases is set forth in Trial Court Rule 26.

Notice of Settlement Hearing - Flood Litigation (Entered February 1, 2010) There will be a hearing regarding the proposed settlements of the 7/8/2001 Flood Litigation cases at 11:00 a.m. on March 23, 2010.

Motion to Refer to the Mass Litigation Panel The Proceeding Styled Melissa Lester, Et Al., Plaintiff v. Alpha Natural Resources Services, A Virginia Corporation, Et Al., Defendants, Mingo County Case No. 99-C-311

Electronic Filing Triggering Order - Tobacco Personal Injury Litigation (Entered November 20, 2009) Making the Tobacco Personal Injury Litigation subject to E-Filing and Service effective December 11, 2009.

Electronic Filing and Service Case Management Order (Entered August 24, 2009) Setting forth guidance for electronic service in the tobacco personal injury litigation.

Electronic Service Triggering Order - Tobacco Personal Injury Litigation (Entered August 10, 2009) Directing that all Tobacco Personal Injury Litigation will be subject to e-service only beginning on August 31, 2009, as provided in Trial Court Rule 15.01 et seq.

Electronic Filing and Service Case Management Order (entered July 20, 2009).  This document applies to all cases.  Pursuant to Trial Court Rule 15.08 the Court hereby ORDERS certain procedures to be followed by all counsel when e-filing and serving documents in the Flood Litigation using LexisNexis® File & Serve.

Notice of Hearing on Motion to Refer to the Mass Litigation Panel (entered July 17, 2009).  Hearing scheduled for 9:00 a.m.  on the 20th day of August, 2009, to be held in Courtroom Four, on the second floor of the Kanawha County Courthouse in Charleston, West Virginia, to receive evidence and to entertain arguments by the parties or any judge relative to the issue of whether this case should be referred to the Mass Litigation Panel. 

Administrative Order Re: Appointments to the Mass Litigation Panel (Entered June 30, 2009). Following an amendment to Trial Court Rule 26.02 that expanded the number of Panel judges from six to seven, re-appointing Judges Stephens and Hoke, and appointing Judge Evans to the Panel.

Orders and Forms

Recent Panel Orders: For the convenience of the bench, the bar, circuit clerks and the general public, recent orders entered by the Panel will be made available below, in reverse order according to the date the order was entered in the circuit clerk's office.

• Electronic Filing Triggering Order - Flood Damage Cases (Entered June 29, 2009)
• State and Federal Coordination Order in Digitek® Litigation (Entered January 23, 2009)
• Electronic Filing Triggering Order - October 2009 Asbestos Trial Group (Entered January 23, 2009)
• Electronic Filing and Service Case Management Order for All Asbestos Personal Injury Litigation in the Exigent Trial Groups (Entered January 21, 2009)
• Electronic Filing and Service Case Management Order for the Digitek® Litigation (Entered December 19, 2008)
• Assigning Judges and Setting Status Conference in Digitek® Litigation (Entered October 30, 2008)
• Re: Notice of Appearance, Plaintiffs' Fact Sheet and Defendants' Fact Sheet in Flood Litigation (Entered October 29, 2008)
• Assigning Judges to Flood Litigation (Entered October 27, 2008)

Recent Administrative Orders: For the convenience of the bench, the bar, circuit clerks and the general public, recent Administrative Orders entered by the Chief Justice related to the activities of the Mass Litigation Panel will be made available below, in reverse order according to the date the order was entered.

• Granting Motion to Refer Three Asbestos FELA Cases to the Panel, and ordering that all pending and subsequently filed Asbestos FELA cases are transferred to the Circuit Court of Kanawha County (Entered April 29, 2009)
• Granting Motion to Refer Certain Digitek® Cases To the Mass Litigation Panel (Entered September 18, 2008)
• Reassigning Flood Damage Litigation Previously Referred to the Mass Litigation Panel (Entered September 17, 2008)

Other Orders: As time permits, orders related to certain types of matters pending before the panel will be scanned and posted for the convenience of the judiciary, the bar, circuit clerks, and other interested parties. Orders in the following case groups are available:

• Asbestos Litigation

Forms: For the convenience of the bench and the bar, the Panel has made certain forms available below that may be helpful in managing mass or other complex litigation.

• Digitek Plaintiff Fact Sheet [Fillable PDF]
• Case Management Order (.wpd)
• Document Depository Agreement (.doc)
• Stipulated Protective Order-HIPPA Agreement

Electronic Filing and Service

Trial Court Rule 15 governs electronic filing and service of documents and maintenance of case-related information in the circuit courts of West Virginia in certain Mass Litigation referred to the Mass Litigation Panel under Trial Court Rule 26, and as further provided by Trial Court Rule 15.02(c). Pursuant to Trial Court Rule 15.02(c), "[i]f the Panel determines it is appropriate for Mass Litigation or proceedings therein to be subject to e-filing and service, the Panel Chair shall enter an order designating such Mass Litigation or proceedings therein for e-filing and service." On November 3, 2008, the Panel entered orders triggering electronic filing in certain asbestos litigation and certain Digitek® litigation, beginning on December 8, 2008. A welcome packet from the e-filing provider is now available.

• Electronic Filing Triggering Order - Flood Damage Cases (Entered June 29, 2009)
• Order Designating Electronic Filing and Service (Asbestos) (Entered May 20, 2009)
• Electronic Filing Triggering Order - October 2009 Asbestos Trial Group (Entered January 23, 2009)
• Electronic Filing and Service Case Management Order for All Asbestos Personal Injury Litigation in the Exigent Trial Groups (Entered January 21, 2009)
• Electronic Filing and Service Case Management Order for the Digitek® Litigation (Entered December 19, 2008)
• Asbestos E-filing Triggering Order (Entered November 3, 2008)
• Digitek® E-filing Triggering Order (Entered November 3, 2008)

Membership of the Panel

Pursuant to Trial Court Rule 26.02, the Mass Litigation Panel "consists of seven (7) active or senior status circuit court judges who shall be appointed by the Chief Justice, with the approval of the Supreme Court of Appeals. Each appointment is for a term of three (3) years, with two (2) judges to be appointed each year; provided, however, that beginning in 2009 and in every third year thereafter, three (3) judges shall be appointed." Each year the Chief Justice enters an order appointing the members of the Panel and designating a Panel Member to serve as chair. The current members were appointed by Chief Justice Benjamin on June 30, 2009, as follows:

• The Honorable Alan D. Moats (Chairman), Judge of the Nineteenth Judicial Circuit
  (Term expires June 30, 2011)
  
• The Honorable Thomas C. Evans, III, Judge of the Fifth Judicial Circuit
  (Term expires June 30, 2012)
  
• The Honorable Jay M. Hoke, Judge of the Twenty-Fifth Judicial Circuit
  (Term expires June 30, 2012)
  
• The Honorable John A. Hutchison, Judge of the Tenth Judicial Circuit
  (Term expires June 30, 2011)
  
• The Honorable James P. Mazzone, Judge of the First Judicial Circuit
  (Term expires June 30, 2010)
  
• The Honorable Booker T. Stephens, Judge of the Eighth Judicial Circuit
  (Term Expires June 30, 2012)
  
• The Honorable Derek C. Swope, Judge of the Ninth Judicial Circuit
  (Term Expires June 30, 2010)

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