State Supreme Court Category Archives: State Supreme Court

Workman writes opinion overturning a three-year-old loss

mworkman.jpg

Workman

CHARLESTON – As an attorney, Margaret Workman failed to persuade the West Virginia Supreme Court of Appeals to lengthen the list of beneficiaries in wrongful death suits against employers. But as a Justice, she succeeded. Read More »

News, State Supreme Court

Court says man brought racial taunt on himself

bbenjamin.jpg

Benjamin

CHARLESTON – The West Virginia Supreme Court has overturned a ruling by the state Human Rights Commission, which awarded a man money because a co-worker uttered a racial epithet at him.
Read More »

News, State Supreme Court

U.S. Supreme Court relies on W.Va. decision in Mass. case

WASHINGTON — The U.S. Supreme Court has decided not to hear the appeal of a Massachusetts decision that requires out-of-state corporations to pay state taxes if they have a “substantial nexus” in the state. Capital One was petitioning a January … Read More »

News, State Supreme Court

High Court says state must arbitrate tobacco dispute

dmcgraw.jpg

McGraw

CHARLESTON — The West Virginia Supreme Court has upheld a Kanawha Circuit Court judge’s ruling that Attorney General Darrell McGraw’s office has to participate in a nationwide arbitration related to a monumental settlement with big tobacco companies.
Read More »

News, State Supreme Court

Court sides with judge in beer slip-and-fall case

CHARLESTON — The West Virginia Supreme Court has sided with a Kanawha judge in a case that involved a man slipping on some spilled beer at a concert. In an unsigned opinion filed June 18, the court said an insurance … Read More »

News, State Supreme Court

Court says judge shouldn’t have allowed new arguments

CHARLESTON – The West Virginia Supreme Court says a circuit judge should not have allowed a woman to introduce new arguments when she appealed the revocation of her driver’s license. Kanawha Circuit Court Judge Tod Kaufman on Nov. 16, 2007, … Read More »

News, State Supreme Court

Court rules suit over inmate’s death wasn’t filed in time

CHARLESTON – The West Virginia Supreme Court says the estate of an inmate in the Preston County Jail who died by hanging waited too long to file a wrongful death lawsuit against the county commission. Timothy Daft was 22 years … Read More »

News, State Supreme Court

Jackson Kelly lawyer facing sanctions

dsmoot.jpg

Smoot

CHARLESTON – Douglas A. Smoot, a lawyer with the Jackson Kelly law firm, was scheduled for a hearing Thursday before the State Bar’s Lawyer Disciplinary Board on allegations he withheld evidence in a black lung case.
Read More »

News, State Supreme Court

Judge appointed in Massey rehearing

CHARLESTON – A former Putnam County circuit judge will stand in for West Virginia Supreme Court Chief Justice Brent Benjamin in the reconsideration of a controversial Massey Energy appeal. Senior Status Judge James O. Holliday was appointed to participate in … Read More »

News, State Supreme Court

U.S. SC decision may facilitate change to states’ recusal policies

bbenjamin.jpg

Benjamin

WASHINGTON (Legal Newsline) – Changes to the way state Supreme Courts handle recusal issues may be coming after a recent U.S. Supreme Court decision paved the way for them.

Read More »

News, State Supreme Court

Blankenship hopes ruling doesn’t stop others from ‘speaking out’

dblankenship.jpg

Blankenship

CHARLESTON – Massey Energy CEO Don Blankenship says he hopes the U.S. Supreme Court’s ruling this week regarding a West Virginia-based judicial recusal issue doesn’t dissuade others from “speaking out.”

Read More »

News, State Supreme Court

Court says second coal silo can be built near school

mketchum.jpg

Ketchum

CHARLESTON — The West Virginia Supreme Court has unanimously ruled that a Massey Energy subsidiary can build a coal silo near a Raleigh County school.

Read More »

News, State Supreme Court

So, what’s next in the Massey recusal saga?

dblankenship.jpg

Blankenship

CHARLESTON – The U.S. Supreme Court’s ruling that West Virginia Supreme Court Chief Justice Brent Benjamin should have stepped down from a Massey Energy case because of Don Blankenship’s spending in the 2004 campaign certainly isn’t the end of the saga.

Read More »

News, State Supreme Court

Benjamin comments on U.S. Supreme Court opinion

bbenjamin.jpg

CHARLESTON — Brent D. Benjamin, chief justice of the West Virginia Supreme Court of Appeals, released a statement Monday afternoon concerning the ruling issued earlier in the day by the U.S. Supreme Court.

Read More »

News, State Supreme Court

Caperton attorney ‘jubilant’ over ruling

dfawcett.jpg

Fawcett

CHARLESTON — One of the attorneys for Hugh Caperton and his mining company understandably are “jubilant” with the U.S. Supreme Court’s 5-4 ruling that it was unconstitutional for a state Supreme Court justice to hear a case involving the fiscal activities of the judge’s election campaign major donors.

Read More »

News, State Supreme Court