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State Supreme Court Category Archives: State Supreme Court

Ex-wife owed $57K in child support can’t make claim in wrongful death settlement

April 17, 2013 11:49 AM
By Nathan Bass

CHARLESTON – The state Supreme Court ruled that an ex-wife who was owed back child support on her now adult children does not a have claim on a wrongful death award received as a result of her former husband’s death. … Read More »

News, Randolph County, State Supreme Court

Judges appointed to Business Court, Mass Litigation Panel

April 15, 2013 3:10 PM
By Kyla Asbury

CHARLESTON – State Supreme Court Chief Justice Brent D. Benjamin has appointed new members to the Business Court Division and the Mass Litigation Panel. The judge appointed to the Business Court Division is Fifth Judicial Circuit Judge Thomas C. Evans … Read More »

News, State Supreme Court

Legislature passes public financing bill for SC elections

April 15, 2013 12:03 PM
By John O'Brien

CHARLESTON – A bill that continues a public financing program to the 2016 state Supreme Court election was approved by the state Legislature on April 13, the final day of its session. The program began as a pilot project in … Read More »

News, State Government, State Supreme Court

Supreme Court rejects man’s claim for more in Workers’ Comp case

April 11, 2013 10:00 AM
By Nathan Bass

CHARLESTON – The state Supreme Court has affirmed the Workers’ Compensation Board of Review’s finding that an injured worker was only eligible for a certain amount of compensation. The unanimous memorandum opinion was issued by the court on March 28. … Read More »

News, State Supreme Court

Company not at fault for fire at hotel started by off-duty employee

April 8, 2013 11:20 AM
By Nathan Bass

CHARLESTON – The state Supreme Court ruled that a construction company could not possibly be liable for a fire at a hotel caused by the company’s off duty employee’s dropped cigarette. The March 29 opinion affirmed the Circuit Court of … Read More »

Logan County, News, State Supreme Court

Personal injury plaintiff’s claim dismissed for failure to serve CSX

April 8, 2013 11:17 AM
By Nathan Bass

CHARLESTON – The state Supreme Court has affirmed the Circuit Court of Cabell County’s granting of CSX Transportation’s motion to dismiss a lawsuit brought against it due to the plaintiff’s counsel’s alleged failure to properly serve it with notice. The … Read More »

Cabell County, News, Personal Injury, State Supreme Court

Preston couple can’t bring loan claim under consumer protection statute

April 8, 2013 11:02 AM
By Nathan Bass

CHARLESTON – The state Supreme Court has ruled against a Preston County couple who sought to have a bank loan characterized as a “consumer loan” rather than a “commercial loan.” Doing so might have found them relief under the West … Read More »

News, Preston County, State Supreme Court

Mountain State College wins appeal in case brought by graduates

April 5, 2013 9:45 AM
By Nathan Bass

CHARLESTON – Mountain State College succeeded in its appeal before the state Supreme Court of a lower court’s judgment in favor of graduates of the college’s legal assisting program. The plaintiffs had sued the college in Kanawha County Circuit Court, … Read More »

News, State Supreme Court

Court affirms Kanawha judge’s ruling in state trooper’s case

April 4, 2013 10:05 AM
By Lawrence Smith

CHARLESTON – A judge did not abuse his discretion in making rulings favorable to the West Virginia State Police in a former trooper’s quest to get his job back, the state Supreme Court has ruled. The court on March 29 … Read More »

Kanawha County, News, State Supreme Court

Supreme Court rules against Wheeling Hospital in tax issue

April 4, 2013 9:45 AM
By Nathan Bass

CHARLESTON – The state Supreme Court has ruled against Ohio County’s Wheeling Hospital in its attempt to have state taxes refunded due to the reclassification of certain of its services provided to physicians. Justice Allen H. Loughry delivered the March 28 opinion … Read More »

News, State Supreme Court

Former Bluefield firefighter loses appeal

April 4, 2013 9:00 AM
By Lawrence Smith

CHARLESTON – The state Supreme Court has affirmed a lower court’s decision that upheld a former Bluefield firefighter’s termination. The court on March 29 voted 4-1 to uphold Mercer Circuit Judge William J. Sadler’s 2012 decision denying Mitchell Barker’s appeal … Read More »

Mercer County, State Supreme Court

House votes to make public financing for SC elections permanent

April 3, 2013 2:11 PM
By John O'Brien

CHARLESTON – The House of Delegates has passed a bill that would make permanent the public financing program used in the 2012 Supreme Court election. In a 70-29 vote on April 3, the House voted to adopt HB 2805, which … Read More »

News, State Government, State Supreme Court

Court allows judges to keep drawing retirement while on bench

April 2, 2013 4:23 PM
By John O'Brien

CHARLESTON – The state Supreme Court has ruled that two circuit judges can continue to receive retirement benefits while also earning a salary. The retirements of Kanawha County Circuit Judge Charles King and Cabell County Circuit Judge Alfred Ferguson were … Read More »

Cabell County, Kanawha County, State Supreme Court

Without drug test results, man awarded Workers’ Comp

April 2, 2013 12:52 PM
By John O'Brien

CHARLESTON – If a man’s employer wants to claim he was under the influence of drugs when he was injured on-the-job in a vehicle accident, it needs to include drug test results, the state Supreme Court has ruled. In a … Read More »

News, State Supreme Court

Court says Unit Owners Association an adequate representative in Star City case

April 2, 2013 11:17 AM
By Nathan Bass

CHARLESTON – The state Supreme Court has ruled on six certified questions regarding the relationship between condominium owners and their unit owners association in a lawsuit alleging damages against various individuals and corporations involved in the construction and sale of … Read More »

Monongalia County, News, State Supreme Court