State Supreme Court Category Archives: State Supreme Court

Arbitration agreement scrapped in nursing home case

CHARLESTON – The state’s high court has denied a petition by a nursing home seeking to prevent a circuit court from enforcing its order that prevented the nursing home’s invocation of an arbitration agreement. Justice Robin Jean Davis delivered the … Read More »

Kanawha County, State Supreme Court

Woman loses latest round of litigation with Shepherd University

CHARLESTON – In a memorandum decision filed Jan. 25, the state Supreme Court affirmed the Circuit Court of Jefferson County’s dismissal of a civil action against Shepherd University filed by Sharon Mueller, who has a long history of litigation against … Read More »

Jefferson County, News, State Supreme Court

Court says Congressional candidate took ‘inconsistent positions’ in lawsuit

CHARLESTON – Larry V. Faircloth, an Inwood land developer who recently announced his candidacy for the U.S. House of Representatives, has lost his appeal of a Public Service Commission order that granted him the relief he sought, but did not … Read More »

Berkeley County, State Supreme Court

Justices Davis, Ketchum give attorney tough time during arguments

CHARLESTON – The state Supreme Court didn’t treat kindly the appeal of American Electric Power as it argued against sanctions imposed against it in a case involving a fatal accident. Justices Menis Ketchum and Robin Davis on Jan. 23 made … Read More »

Marshall County, News, State Supreme Court

Wayne County town’s pit bull ban upheld

CHARLESTON – The state’s Supreme Court has affirmed the constitutionality of the Town of Ceredo’s ordinance prohibiting the ownership of pit bull terriers within the city limits. In a memorandum decision filed Jan. 14, the court affirmed the order of … Read More »

State Supreme Court, Wayne County

Public defender’s law license suspended for 30 days

CHARLESTON – The state’s high court has rejected the sanctions recommended by the Lawyer Disciplinary Board for an attorney’s failure to timely communicate with clients, instead applying a stiffer sanction to the assistant Kanawha County Public Defender. The court delivered … Read More »

Kanawha County, News, State Supreme Court

State High Court grants writ to Jefferson sheriff in deputy’s termination case

CHARLESTON – In spite of his recent guilty plea to civil rights violations, former Jefferson County Sheriff Robert “Bobby” Shirley can take consolation in a small legal victory in a former deputy’s pending wrongful termination case. On Jan. 11, the … Read More »

Jefferson County, News, State Supreme Court

Supreme Court won’t hear lawsuit over superintendent’s firing

CHARLESTON – The state Supreme Court has denied a petition that sought to challenge the firing of state Superintendent Jorea Marple. The petition was filed on behalf of the parents of a special needs child and said the Board of … Read More »

News, State Government, State Supreme Court

Supreme Court hears arguments in 11 cases

CHARLESTON – There were 11 cases scheduled to be heard before the state Supreme Court the week of Jan. 14-18. On Jan. 15, the Court started with an appeal by State Farm Insurance in a Jefferson County automobile accident case … Read More »

State Supreme Court

Court approves former Justice McHugh, 12 others for senior status

CHARLESTON – Former state Supreme Court Justice Thomas McHugh is among those who have received senior status. The court announced Jan. 8 that it approved senior status applications of McHugh and retiring Circuit Court Judge Thomas Keadle, who will retire … Read More »

News, State Supreme Court

SC’s administrative office sets 2013 interest rate for judgments, decrees

CHARLESTON – The Administrative Office of the Supreme Court of Appeals of West Virginia has set the interest rate for judgments and decrees entered during the 2013 calendar year to 7 percent. During the 2006 legislative session, a law was … Read More »

News, State Supreme Court

Supreme Court hears first arguments of new term

CHARLESTON – The state Supreme Court returned from its holiday break Jan. 8, beginning 2013 with oral arguments in several cases. Scheduled for argument were five cases, though one was withdrawn and another was submitted on briefs without oral argument. … Read More »

State Supreme Court

Former Supreme Court justice joins Bowles Rice

CHARLESTON – Former state Supreme Court of Appeals Justice Thomas E. McHugh has elected to join Bowles Rice, LLP, in an Of Counsel capacity after retiring from the Supreme Court. McHugh was elected to the Supreme Court in 1980 and … Read More »

State Supreme Court

Benjamin will be court’s chief justice in 2013

CHARLESTON – A new year brings a new chief justice on the state Supreme Court. Justice Brent Benjamin reclaimed the spot on Jan. 1, succeeding Justice Menis Ketchum. It will be the second year Benjamin has served as chief justice, … Read More »

State Supreme Court

Justice Benjamin disagrees with front pay award in $2M case

CHARLESTON – On Dec. 21, Chief Justice Brent D. Benjamin issued an opinion concurring in part and dissenting in part in an age discrimination case in which a plaintiff was awarded more than $2 million dollars in damages. The majority … Read More »

Discrimination, Jackson County, News, State Supreme Court