State Supreme Court Category Archives: State Supreme Court

Drug companies question McGraw’s use of special assistant AGs

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McGraw

CHARLESTON — Two drug companies are tackling the issue of whether Attorney General Darrell McGraw’s office has the authority to hire private lawyers.
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News, State Supreme Court

Court overturns removal of lawyer in Erickson estate battle

CHARLESTON — Ethel Erickson’s children fought her over control of her wealth, and now that she has died they are fighting her attorney over control of her wealth. The West Virginia Supreme Court of Appeals, which had tried 12 years … Read More »

News, State Supreme Court

Miner can’t sue over fear of death, Court rules

CHARLESTON – Coal miner Berchie Bias cannot sue his employer over his fear of smoky death, the West Virginia Supreme Court of Appeals has decided. Three of five justices agreed that state law immunizes employers from claims of mental injury … Read More »

News, State Supreme Court

Benjamin, Albright issue venue case concurring opinions

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Benjamin

CHARLESTON – When the West Virginia Supreme Court of Appeals declared that the state’s restriction on lawsuits from residents of other states violated the United States Constitution, only two of five Justices felt that way.
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News, State Supreme Court

Starcher says colleagues ignored facts in Moose case

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Starcher

CHARLESTON – West Virginia Supreme Court of Appeals Justice Larry Starcher has accused his colleagues of ignoring facts to win Moose Lodge votes.
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News, State Supreme Court

State Supreme Court OKs C&O class action trial

CHARLESTON – By a single vote, the West Virginia Supreme Court of Appeals on July 12 denied a petition to stop a class action trial over Daewoo autos. The decision gave Kanawha County Circuit Judge Paul Zakaib a green light … Read More »

News, State Supreme Court

Court sides with Charleston in Blue Jay Way case

CHARLESTON -– Charleston taxpayers moved a mountain in 1999. And according to Kanawha County Circuit Judge Paul Zakaib Jr., they don’t have to put it back. Blue Jay Way Limited, former owner of some rugged land east of Yeager Airport, … Read More »

News, State Supreme Court

Kanawha school board seek reimbursement of library payments

CHARLESTON – After 29 years as an attorney, Jim Withrow is able to laugh at how both sides of an issue can be perceived. A Kanawha Circuit Judge declared in December that students in Kanawha County’s school system were getting … Read More »

News, State Supreme Court

Supreme Court makes snowy distinction

CHARLESTON – Nimble on ice, the West Virginia Supreme Court of Appeals carved a line between snow that falls from the sky and snow that public employees shovel. The five Justices agreed that the Grant County Board of Education does … Read More »

News, State Supreme Court

After 12 years without license, attorney is annulled

CHARLESTON – For 12 years, the West Virginia Supreme Court of Appeals let Thomas McCorkle pretend he held a license to practice law. But the Court’s tolerance backfired and, at last, they cracked down. The Justices annulled McCorkle’s license June … Read More »

News, State Supreme Court

Fight over Belle restaurant continues

CHARLESTON – Eric Gardner and William Gardner started a feud in JD’s Pilot House the day they bought it, and the feud continues in Kanawha Circuit Court. Eric Gardner gained the latest advantage when the West Virginia Supreme Court of … Read More »

News, State Supreme Court

Maynard says colleagues set double standard

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Justice Spike Maynard

CHARLESTON – Justice Spike Maynard suspects his colleagues on the West Virginia Supreme Court of Appeals set a double standard when they denied a $5 million tax refund to Elk Run Coal Company.
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Asbestos, News, State Supreme Court

Lawyer annulled after losing Colorado license

CHARLESTON – When the Colorado State Bar kicked out Daniel Post, he should have reported it to West Virginia where he still held a license to practice law. But he did do that. When West Virginia officials found out and … Read More »

News, State Supreme Court

Venue decision opens door for plaintiffs

CHARLESTON – Bart Morris of Virginia suffered an injury on his job in Virginia operating a forklift that an Ohio company made, but the West Virginia Supreme Court of Appeals has decided that he can sue for damages in West … Read More »

News, State Supreme Court

Supreme Court to decide fate of lawyer charged with murder

CHARLESTON – The state Supreme Court will decide whether to suspend the law license of a former Mingo County assistant prosecutor who has been charged with murder in Kentucky. Lafe P. Ward Jr., 47, has been accused in the death … Read More »

News, State Supreme Court