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WEST VIRGINIA RECORD

Friday, March 29, 2024

West Virginia Supreme Court

Recent News About West Virginia Supreme Court View More

  • Court: Job duties don't qualify woman for title change

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals ruled that a Raleigh County Board of Education employee's job duties are not enough to qualify her for a job title change she has been attempting to get since 2012. Wanda R.

  • Downtime for bus drivers isn't work time, Justices rule

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals has ruled that the downtime between transporting students in Jackson County between the schools and their vocational school does not count as hours worked. Edwin E.

  • Justices: Couple didn't raise savings statute in time

    By Kyla Asbury |
    CHARLESTON - The West Virginia Supreme Court of Appeals has issued a decision stating that a couple failed to timely raise applicability of a savings statute in their lawsuit. Chief Justice Margaret L.

  • Justices: State Bar clerical work didn't cause carpal tunnel

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals has affirmed an order that clerical work does not cause carpal tunnel syndrome. This appeal arises from the Board of Review’s Final Order dated Oct. 1, 2014, in which the Board reversed an April 1, 2014, order of the Workers' Compensation Office of Judges, the memorandum decision states.

  • Retired judge to hear Morgantown chicken coop case

    By Kyla Asbury |
    MORGANTOWN – Retired Ohio Circuit Judge Arthur Recht will preside over a lawsuit involving a woman being sued by 30 of her neighbors for housing chickens on her property. An administrative order by the West Virginia Supreme Court of Appeals was filed Nov. 10 in Monongalia Circuit Court, recalling Recht to hear the case. Monongalia Circuit Judges Phillip D.

  • W.Va. Supreme Court says lawsuit against police can go forward

    By Kyla Asbury |
    CHARLESTON - The West Virginia Supreme Court of Appeals has ruled that a lawsuit against a state trooper and deputy sheriff can continue.

  • Benjamin Campaign releases study of court decisions

    By Kyla Asbury |
    CHARLESTON - The Committee to Re-elect Justice Brent Benjamin released a summary of the votes by the current justices of the West Virginia Supreme Court of Appeals in the 3,223 cases decided since January 2013.

  • What happens when a judge loses credibility?

    By The West Virginia Record |
    We observed in an editorial last month, “Judges should recuse themselves not only from cases in which they have a conflict of interest, but also from ones in which there may be even the appearance of impropriety.” We noted that State Supreme Court Chief Justice Robin Davis seems oblivious to such concerns and that her cavalier approach has attracted national attention, securing her the starring role last year on ABC's World News Tonight and Nightline in a story headlined: “Lear Jet J

  • Cabell drug court gets renamed, rededicated in ceremony

    By Kyla Asbury |
    HUNTINGTON – The Cabell drug court received a new name and was rededicated during a ceremony Friday at Cabell County Courthouse. The ceremony was attended by drug court graduates, West Virginia Supreme Court Justices Brent Benjamin and Menis Ketchum, Drug Court Judge Patricia Keller, Huntington Mayor Steve Williams, Director of the Division of Probation Services Mike Lacy, and the rest of the Drug Court Treatment Team.

  • Cabell County drug court to be renamed, rededicated

    By Kyla Asbury |
    HUNTINGTON – The Cabell County Drug Court will be renamed in a ceremony scheduled for Nov. 6 at the Cabell County Courthouse. West Virginia Supreme Court Justice Brent D. Benjamin, Cabell County Drug Court Judge Patricia Keller and Huntington Mayor Steve Williams will attend the ceremony, which will be held at noon in Courtroom No. 1.

  • Kanawha family judge candidate boasts nearly 40 years of experience

    By Kyla Asbury |
    CHARLESTON – Jim Douglas, one of the candidates for family court judge in Kanawha County, has nearly 40 years of experience in family law. Douglas, who will have 39 years in family law in May, and has worked exclusively in family law for 25 years, said he's looking forward to running for family law judge. "Family law is important," Douglas said.

  • Justices: Court was correct to grant partial summary judgement in Marshall photo case

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals has issued a memorandum decision in a lawsuit against the Marshall University Board of Governors for sending photographs to a patient's place of employment.

  • Sides argue need for intermediate appeals court

    By Chris Dickerson |
    CHARLESTON – Lawmakers have heard from both sides in the debate about whether West Virginia needs an intermediate court of appeals. During monthly interim meetings last week, the Joint Standing Committee on the Judiciary was urged to work to create the court in the upcoming session by members of West Virginia Citizens Against Lawsuit Abuse.

  • Davis calls out majority again in another DHHR dissent

    By Jessica Karmasek |
    CHARLESTON – West Virginia Supreme Court Justice Robin Davis again called out the court majority in a dissent filed this week, this time accusing her fellow justices of an “arrogant and complete disregard of federal law.” Davis dissented to an Oct. 15 opinion, in which a majority of the court’s justices ruled that the state Department of Health and Human Resources must follow an order issued by Kanawha Circuit Court Judge Louis “Duke” Boom in August 2014 to immediately restore access to patient

  • Justices lay into DHHR for psychiatric hospital 'noncompliance'

    By Jessica Karmasek |
    CHARLESTON – A majority of justices on the West Virginia Supreme Court of Appeals had harsh words earlier this month for the state Department of Health and Human Resources in the agency’s repeated “noncompliance” with prior orders and commitments to better patient care at two of the state’s psychiatric hospitals. In its Oct. 7 opinion, the majority of the state’s high court mostly upheld Kanawha Circuit Court Judge Louis “Duke” Bloom’s orders against the DHHR.

  • State Supreme Court dismisses delegate's Common Core lawsuit

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals has dismissed a lawsuit against school officials attempting to end the use of Common Core and in the state. The Supreme Court denied Del.

  • Dog saved by state Supreme Court ruling back at rescue

    By Kyla Asbury |
    HUNTINGTON – A dog saved by the West Virginia Supreme Court of Appeals when it overturned a destruction order earlier this year is back at the rescue that originally saved her. Capri Billings, the director of River Cities Bully Buddies, the rescue that originally rescued Tinkerbell, said after the issue was resolved in the Supreme Court, Tinkerbell, who is affectionately called Tink, was returned to the rescue and not the previous owners. Billings said Michael Blatt and Kim Blatt had little to

  • Justices rule on venue issue in Tough Mudder death case

    By Jessica Karmasek |
    CHARLESTON – The West Virginia Supreme Court of Appeals, in a ruling last week, shot down a plaintiff’s efforts to have a lawsuit filed over her son’s death at a Tough Mudder event in Berkeley County remain in a Marshall County court. The state’s high court, in an opinion issued Sept. 24, granted a petition for writ of prohibition filed by Airsquid Ventures Inc., doing business as Amphibious Medics; Tough Mudder LLC; Peacemaker National Training Center LLC; General Mills Inc. and General Mills

  • Anatomy of a lawsuit, and why it can take a while

    By Zak Zatezalo |
    WHEELING – For any of us unfortunate enough to have to file a civil lawsuit, we know all too well the truth of the familiar refrain “the wheels of justice turn slowly.” Indeed, it can be quite frustrating, and borderline maddening at times, to be embroiled in litigation over a just cause, only to see months and months pass with what seems like no real movement towards resolution.

  • State Supreme Court says nurse board didn't comply with state code

    By Jessica Karmasek |
    CHARLESTON – The West Virginia Supreme Court of Appeals said in a ruling last week that the state Board of Registered Professional Nurses failed “almost entirely” to comply with state code in resolving a complaint against a former Parkersburg-area nurse. Lisa Miles petitioned the court, seeking a writ prohibiting the board from proceeding on a complaint against her nursing license. Miles, who received her nursing degree in 2010, worked as a registered nurse in the emergency room at St. Joseph’