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WEST VIRGINIA RECORD

Sunday, April 20, 2025

West Virginia Supreme Court

Recent News About West Virginia Supreme Court

  • 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’

  • Mercer Co. circuit judge appointed as new U.S. magistrate

    By Chris Dickerson |
    HUNTINGTON – A current Mercer County judge has been appointed as a new United States Magistrate. Omar J.

  • State Supreme Court wins national reporting award

    By Chris Dickerson |
    CHARLESTON – The Supreme Court of Appeals of West Virginia has won the Court Statistics Project 2015 Reporting Excellence Award. “The West Virginia Supreme Court of Appeals is being recognized as a leader among state courts when it comes to reporting on its caseload.

  • Annulled attorney seeks $91M from 'corrupt' Supreme Court, others

    By Chris Dickerson |
    MORGANTOWN – A Monongalia County attorney whose license was annulled earlier this year has filed a $91 million lawsuit against the members of the state Supreme Court and others over the action. John C. Scotchel Jr. filed his complaint Aug. 25 in Monongalia Circuit Court. The defendants listed are each state Supreme Court justice – Robin Jean Davis, Brent Benjamin, Menis Ketchum, Margaret Workman and Allen Loughry – as well as the Lawyer Disciplinary Board and Chairman Steven K. Nord as well as

  • Roane, Calhoun counties get Adult Drug Court

    By Chris Dickerson |
    SPENCER – A new Adult Drug Court is open to serve Roane and Calhoun counties. Drug addiction is “like an ocean you can’t swim out of unless somebody throws you a lifeline.

  • Charleston attorneys' divorce results in property lawsuit with another firm

    By Chris Dickerson |
    CHARLESTON – A Charleston attorney has filed a lawsuit to regain possession of personal property. Travis A. Griffith filed his complaint Aug. 4 in Kanawha Circuit Court against Hilliard and Swartz LLP, Olivio Law Firm PLLC, Swartz Law Office, Mark Swartz, Allyson E. Hilliard and Michael A. Olivio.

  • Supreme Court suspends Beckley attorney's law license

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals has suspended a Beckley attorneys law license for three years. On July 22, the Supreme Court issued its mandate, suspending David S.

  • Carl appointed as judge for Business Court Division

    By Chris Dickerson |
    CHARLESTON – Judge H.

  • Justices side with Rich Rod in home purchase case

    By Chris Dickerson |
    CHARLESTON – The West Virginia Supreme Court of Appeals ruled in favor of former West Virginia University football coach Rich Rodriguez in a lawsuit filed by a couple who purchased their home. The Supreme Court considered the parties' briefs and the record on appeal and stated that the facts and legal arguments are adequately presented, and the decisional process would not be significantly aided by oral argument, according to the June 12 memorandum decision. "Upon consideration of the standard

  • Justices uphold decision in firing Charleston police officer

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals upheld a Kanawha Circuit Court decision in a lawsuit involving the firing of a Charleston police officer who failed to warn a fellow officer of a loaded gun in a vehicle. The court said it found no substantial question of law and no prejudicial error, leading it to affirm the circuit court's order as appropriate, according to the June 22 memorandum decision. On June 9, 2010, during a traffic stop and vehicle search, Rick A.

  • Justices: Court wrong to make childen pay rapist's legal fees

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals has ruled that a circuit court cannot force the plaintiffs in a rape case to pay for legal fees associated with him. In the June 16 memorandum decision, the majority concluded that Berkeley Circuit Judge Gray Silver III's Dec. 9 order, which required 12 children and 11 parents from six families to bear 0ne-half of the costs associated with the guardian ad litem appointed to Christopher Michael Jensen while he was incarcerated. Justices Ro