State Supreme Court Category Archives: State Supreme Court

Court: Workers’ Comp shouldn’t pay for psychiatric drugs in electric shock case

CHARLESTON – Psychiatric drugs are not compensable medication for a Workers’ Compensation claimant who suffered an electric shock on the job, according to a ruling from the state Supreme Court. The unanimous ruling was filed by the court on May … Read More »

News, Raleigh County, State Supreme Court

Marshall employee’s Workers’ Comp claim given chance to develop

CHARLESTON – The state high court has reversed and remanded a Marshall University administrative support employee’s Workers’ Compensation rejection, sending the carpal tunnel claim back to the Workers’ Compensation Board of Review for “proper consideration.” The Court issued the 3-1 … Read More »

Cabell County, News, State Supreme Court

Supreme Court rules widow’s benefits claim filed too late

CHARLESTON – The state Supreme Court has found that the widow of a coal miner who died from occupational pneumoconiosis could not collect benefits because her claim was filed four and a half months after the allowable time period for … Read More »

News, State Supreme Court

SC rules Summersville RadioShack’s lease expired

CHARLESTON – A Summersville RadioShack will have to move after the state’s high court rejected the store owner’s argument that the lease had been extended. The state Supreme Court issued the unanimous memorandum opinion on May 3. Carlotta Evans, a … Read More »

News, Nicholas County, State Supreme Court

Court affirms foreclosure sale price

CHARLESTON – The state Supreme Court has found that the purchase price obtained for a piece of property at a foreclosure sale did not “shock the conscience” and affirmed the circuit court’s denial of the property owner’s request for a … Read More »

Jefferson County, News, State Supreme Court

Gov. Tomblin signs public financing bill

CHARLESTON – A bill that continues a public financing program to the 2016 state Supreme Court election was signed into law by Gov. Earl Ray Tomblin on May 1. The bill had been approved by the state Legislature on April … Read More »

News, State Government, State Supreme Court

Former Wayne prosecutor accused of soliciting sexual favors

CHARLESTON – A former Wayne County assistant prosecutor is accused of soliciting sexual favors from a woman while handling her abuse and neglect case. The Office of Disciplinary Counsel on Jan. 17 filed a single count statement of charges against … Read More »

News, State Supreme Court, Wayne County

Supreme Court dismisses Randolph County lawsuit over sewage back-up

CHARLESTON – The state Supreme Court has found that a Randolph County couple’s personal injury and property damage case arising from the alleged negligent clean-up of a sewage back-up was properly dismissed by the circuit court. The court issued the … Read More »

News, Randolph County, State Supreme Court

Charleston law firm must pay for malpractice case against it

CHARLESTON – Because they ignored “plainly worded policy requirements” to file a claim with their insurance carrier, the state Supreme Court has ruled two Charleston attorneys and their law firm will have to eat the costs of a 2008 legal … Read More »

Kanawha County, State Supreme Court

Agriculture Dept. worker, fired over alleged sexual comments and material, loses appeal

CHARLESTON – The state Supreme Court has found no violation of rights in the dismissal of a state Department of Agriculture employee for his alleged inappropriate behavior. The unanimous memorandum decision was filed by the court on April 26. Robert … Read More »

Kanawha County, News, State Supreme Court, Wrongful Termination

Chief justice appoints judge for lawsuit against Berkeley County Council

MARTINSBURG – West Virginia Supreme Court Chief Justice Brent Benjamin has appointed a judge to hear a Berkeley County lawsuit that claims a councilman was attempting to steer business to preferred companies. On March 7, Benjamin appointed retired Judge Andrew … Read More »

Berkeley County, State Supreme Court, Wrongful Termination

Controversial $50M case against Massey continuing in Va. court

RICHMOND, Va. – The once-$50 million lawsuit that put state Supreme Court Justice Brent Benjamin in the national spotlight has been given new life by the Virginia Supreme Court. The court ruled April 18 to reverse Buchanan County Circuit Judge … Read More »

State Supreme Court

Supreme Court rules Ill. court lacked jurisdiction over W.Va. resident

CHARLESTON – The state Supreme Court has refused to grant full faith and credit to a default judgment obtained against a West Virginia resident in an Illinois court. The unanimous memorandum opinion was issued by the Court on April 12. … Read More »

Logan County, News, State Supreme Court

Supreme Court says plaintiff’s testimony lacked detail

CHARLESTON – The state’s highest court has affirmed a circuit court’s award of summary judgment to Grafton Truss and Panel Company in a case in which an employee blamed the company for allowing employee misconduct that led to his injury. … Read More »

News, State Supreme Court

Attorneys become litigants at Supreme Court

CHARLESTON – Instead of doing the arguing, some state attorneys and law firms were the subjects of the state Supreme Court’s oral arguments held April 16-17. Charleston attorney Michael Clifford is defending himself from a conflict-of-interest complaint, while the Charleston … Read More »

Class Action, Roane County, State Supreme Court