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State Supreme Court Category Archives: State Supreme Court

Surface owners have no right to appeal well drilling permits, court rules

November 29, 2012 10:37 AM
By Nathan Bass

  CHARLESTON – According to a certified question answered by the Supreme Court of Appeals of West Virginia, a “surface owner” of a parcel of property included within a leasehold has no right to appeal the grant of a well drilling permit … Read More »

News, State Supreme Court

Benjamin to attend three drug court events this week

November 28, 2012 3:06 PM
By Kyla Asbury

CHARLESTON – State Supreme Court Justice Brent D. Benjamin will be attending three drug court events in West Virginia this week. Benjamin was scheduled to speak at the opening of the Greenbrier County Adult Drug Court on Nov. 27 at … Read More »

News, State Supreme Court

SC upholds King’s summary judgment for hospital in med mal case

November 28, 2012 2:29 PM
By Nathan Bass

  CHARLESTON – The Supreme Court of Appeals of West Virginia has affirmed an entry of summary judgment in favor of the Herbert J. Thomas Memorial Hospital Association, a defendant in a medical malpractice law suit. A Kanawha County Circuit Court ruled for … Read More »

Kanawha County, Medical Malpractice, News, State Supreme Court

Monongalia Court affirmed in denying Westfield Insurance trial motions

November 28, 2012 12:29 PM
By Nathan Bass

  CHARLESTON – The West Virginia Supreme Court affirmed the Circuit Court of Monongalia County’s denials of Westfield Insurance Co.’s motions to substitute a witness and to continue a trial. The high court also affirmed a subsequent judgment as a matter of law for the … Read More »

Insurance, News, State Supreme Court

New trial ordered over lack of contributory negligence instruction

November 27, 2012 7:08 PM
By Nathan Bass

  CHARLESTON – A motor vehicle accident case has been sent back to the Circuit Court of Kanawha County for a new trial because the jury was not instructed to assess whether the plaintiff, a passenger in one of the vehicles involved, contributed to his own … Read More »

Kanawha County, News, Personal Injury, State Supreme Court

Benjamin dissent in insurance case says plaintiffs would get med payment windfall

November 26, 2012 3:07 PM
By Nathan Bass

  CHARLESTON – Justice Brent D. Benjamin has filed a dissent in an automobile accident case in which the Supreme Court of West Virginia made several significant insurance law holdings on Nov. 15. The case, Jeffrey Jenkins and M. Jean McNabb … Read More »

Insurance, News, State Supreme Court

Judgment against Quicken Loans affirmed by Supreme Court

November 26, 2012 2:34 PM
By Nathan Bass

  CHARLESTON – The West Virginia Supreme Court has agreed with a trial court finding that Quicken Loans, Inc. committed fraud and violated various provisions of the West Virginia Consumer Credit and Protection Act in a mortgage loan with an … Read More »

Contract, News, State Supreme Court

Motion to dismiss affirmed in oil and gas rights case

November 21, 2012 7:53 AM
By Nathan Bass

CHARLESTON – The state Supreme Court on Nov. 16 upheld the Lewis County Circuit Court’s dismissal of an oil and gas rights dispute between heirs of a 200-acre tract in Lewis County. Robert Cawthon, who asserted he had either leased … Read More »

News, State Supreme Court

Supreme Court affirms $450K punitives award

November 21, 2012 7:48 AM
By Nathan Bass

CHARLESTON – The state Supreme Court of Appeals has affirmed a $450,000 punitive damages award in a Wood County employment discrimination case. Laura Cain worked for REM Community Options, LLC for more than 10 years ending Dec. 29, 2008. On … Read More »

News, State Supreme Court, Wood County

SC affirms dismissal of civil rights suit

November 20, 2012 8:57 AM
By Lawrence Smith

CHARLESTON – The state Supreme Court has upheld a lower court’s decision that dismissed a Nicholas County man’s civil rights suit. The lawsuit alleged a deputy sheriff’s inaction caused him to be tried as an adult rather than a juvenile. … Read More »

News, Nicholas County, State Supreme Court

SC answers question for Fourth Circuit in arbitration dispute

November 20, 2012 8:24 AM
By Nathan Bass

CHARLESTON – “The United States Court of Appeals for the Fourth Circuit has certified a question to this Court that concerns two areas of state law: the law of contract formation, and the doctrine of unconscionability,” begins a Nov. 15 … Read More »

Berkeley County, Federal Court, News, State Supreme Court

SC makes several rulings in case over auto accident

November 20, 2012 8:15 AM
By Nathan Bass

CHARLESTON – A 2008 automobile accident case was sent back to the Circuit Court of Harrison County for further deliberations after the state Supreme Court made several holdings regarding state insurance law on Nov. 15. On Oct. 27, 2008, Jeffrey … Read More »

Harrison County, News, State Supreme Court

Insurers lose challenge of medical protective orders

November 20, 2012 8:12 AM
By Nathan Bass

CHARLESTON – For the third time in three years, the state Supreme Court has upheld the validity and enforceability of a particular type of medical protective order against a challenge by insurance companies. The medical protective orders in question have … Read More »

News, State Supreme Court

Supreme Court rules confidentiality claims not preempted by federal law

November 20, 2012 7:45 AM
By Nathan Bass

CHARLESTON – The state Supreme Court on Nov. 15 reversed the dismissal of a medical breach of confidentiality suit and sent it back to the Circuit Court of Cabell County for further proceedings. The circuit court had dismissed the suit … Read More »

Cabell County, News, State Supreme Court

Ketchum: Admonishment of Berkeley attorney was a waste of time

November 15, 2012 12:24 PM
By Lawrence Smith

CHARLESTON – In the opinion of the chief justice, the West Virginia Supreme Court’s consideration of D. Michael Burke’s disciplinary case was a colossal waste of the Court’s time. In a blistering four-page dissent, Chief Justice Menis E. Ketchum, joined … Read More »

Berkeley County, News, State Supreme Court