CHARLESTON – For five years, West Virginia Supreme Court Chief Justice Menis Ketchum has been working on a project to make jury instructions easier for a lay jury to understand.
CHARLESTON – The West Virginia Supreme Court of Appeals has ruled to suspend a Morgantown attorney’s law license and has also ordered other sanctions for him. The Supreme Court imposed a one-year suspension of Thorn H. Thorn’s law license and adopted other sanctions recommended by the Hearing Panel Subcommittee, according to the March 3 opinion.
CHARLESTON – The West Virginia Supreme Court of Appeals has ruled that a state trooper and prosecutor do not have to return seized property because the petitioner failed to secure an order directing the return of the property. Pristine Pre-Owned Auto appealed the Mineral Circuit Court’s order denying its complaint seeking a writ of mandamus to compel the return of items seized by West Virginia State Police Trooper M.L. Travelpiece in his execution of a search warrant at Pristine’s business premi
CHARLESTON – State Supreme Court Justice Brent Benjamin shouldn’t have received public campaign finance money for his re-election campaign, a Kanawha County judge has ruled. Kanawha Circuit Judge Tod Kaufman ruled March 4 that the State Election Commission was “clearly erroneous” in deciding Benjamin’s campaign was eligible for public financing. In a statement Friday, Benjamin said he still thinks the SEC was correct in issuing the funds to his campaign. And he hinted at an appeal to the state S
WASHINGTON – The U.S. Supreme Court has vacated and remanded a 2015 arbitration ruling back to the West Virginia Supreme Court. Last year, the state Supreme Court ruled in the case of Schumacher Homes Inc. v. Spencer. In it, the Justices said the delegation provision in an arbitration clause does not clearly or unmistakably reflect an intention by the parties to assign to the arbitrator all questions about the enforceability of the clause.
CHARLESTON – A Kanawha Circuit Court judge says he will rule soon in a case over the $525,000 in campaign finance money awarded to state Supreme Court Justice Brent Benjamin. Beth Walker, one of Benjamin’s opponents, filed a lawsuit saying Benjamin didn’t meet all of the requirements to receive the money. In a hearing Friday, Walker attorney Thomas Ryan said Benjamin’s re-election campaign missed deadlines for filing the application for certification and a report of exploratory campaign contribu
CHARLESTON – A new poll shows former state Attorney General Darrell McGraw is leading in his bid for a second stint on the state Supreme Court. The poll, conducted by Orion Strategies and released Feb. 25, shows McGraw with the support of 25 percent of registered voters. Incumbent Justice Brent Benjamin comes in at 10 percent, while Beth Walker and Bill Wooton are at 4 percent each. Wayne King has 2 percent.
CHARLESTON – State Supreme Court candidate Beth Walker has filed a petition to stop incumbent Justice Brent Benjamin from spending $525,000 in public campaign financing in his quest to retain a seat on the bench. The money was awarded to Benjamin’s campaign after the State Election Commission certified earlier this month that he had qualified for the funding under West Virginia election law.
WASHINGTON — A national group and a state group both are praising a recently passed piece of legislation that would bring West Virginia in line with other states regarding the legal responsibility of drug manufacturers. Senate Bill 15 would adopt the intermediary doctrine as a defense to civil action due to lack of warnings or instructions. The bill now awaits Gov. Earl Ray Tomblin's signature.
CHARLESTON – The West Virginia Supreme Court of Appeals has chosen to not rule on whether or not a former Marshall University football player can be charged with a hate crime in connection with the assault of two gay men that occurred last year.
CHARLESTON – The West Virginia Business & Industry Council (WVBIC) is endorsing Beth Walker for Justice of the West Virginia Supreme Court of Appeals.
CHARLESTON – As the state legislative session enters its second half, a legal reform group is making another push for lawmakers to consider creating an intermediate court of appeals.
CHARLESTON – The West Virginia Supreme Court of Appeals ruled that Ohio Circuit Court needs to conduct an in camera review of documents involved in a lawsuit against Wheeling Hospital.
CHARLESTON – The West Virginia Supreme Court of Appeals has ruled that an injury a man sustained was not caused by an accident at work. The court found that the decision of the Board of Review was not in clear violation of any constitutional or statutory provision, nor was it clearly the result of erroneous conclusions of law, nor was it based upon a material misstatement or mischaracterization of the evidentiary record, according to the Feb. 4 memorandum decision.
CHARLESTON – The West Virginia Supreme Court of Appeals affirmed a 2014 decision made by the Office of Judges in regard to a man’s 2012 injury. The court found that the decision of the Board of Review was not in clear violation of any constitutional or statutory provision, according to the Feb. 4 memorandum decision.
CHARLESTON – With less than 100 days before the election, Beth Walker is campaigning full-time for a seat on the state Supreme Court of Appeals. “We continue to be very busy, traveling all across West Virginia,” Walker said. “We’ve been going full steam every day since June 11. But, to be honest, I really enjoy traveling around the state and meeting people. So, there are no complaints here.”
CHARLESTON – The West Virginia Supreme Court of Appeals has ruled that the injections sought by a man for his injury are medically necessary and should be allowed. The court has considered the parties’ briefs and the record on appeal, according to a memorandum decision filed Feb. 4 by the West Virginia Supreme Court of Appeals
LEWISBURG – Circuit Judge Jim Rowe is retiring, effective at the end of February. Rowe is chief judge of the 11th Judicial Circuit that includes Greenbrier and Pocahontas counties. He also has ran for the state Supreme Court twice.
CHARLESTON – The West Virginia Supreme Court of Appeals says that a Board of Review decision should be reversed after it found that the board’s decision was based upon a material misstatement or mischaracterization of the evidentiary record. The claim was remanded with instructions to authorize an evaluation by a doctor at Orthopaedic and Spine Surgery Associates for Frank Johnson Jr.’s lower back injury he suffered during his employment, according to a memorandum decision filed Feb.
