WEST VIRGINIA RECORD

Argument Docket
Wednesday, April 21

1. Shirley White, Cathy Dennison and Jenny Tyler v. Wyeth, et al. - 35296 - Defendants Wyeth and Ketchum, Inc. file a petition for review of the certified question issued by the circuit court, as follows:

"Does the 'as a result of' language in Section 46-6-106(a) [sic] of the West Virginia Consumer Credit and Protection Act require a plaintiff, in a private cause of action under the Act, to allege and prove that he or she purchased a product because of and in reliance upon an unlawful deceptive act?"

The circuit court answered this question in the negative and found that plaintiffs were not required to allege and prove that they purchased hormone replacement therapy drugs because of or in reliance upon a deceptive practice of defendant Wyeth. - Justice Workman disqualified, Judge Aboulhosn sitting by temporary assignment.

2. SER Stanley M. Myers v. Hon. Gina Groh, Judge - 35473 - Petitioner, pro se, seeks issuance of a writ of prohibition to prohibit the Respondent from allowing the State of WV to admit into evidence a 60-Day Presentencing Evaluation Report that was prepared in 1996 prior to Petitioner's sentencing in an underlying criminal action. Petitioner asserts this report was "sealed" after sentencing. Petitioner was indicted in May, 2009 for failing to register as a sex offender and misdemeanor charge of contributing to the delinquency of a minor.

3. Ella J. Montgomery and Margaret C. Bowers v. William and Cecil Callison - 35126 - Defendants appeal from an adverse jury verdict in this action to set aside two recorded deeds conveying farm properties. The jury returned a verdict in favor of plaintiffs and found that the deeds were not properly delivered and were ineffective to convey the real estate described therein.

4. SER State Farm v. Hon. Bedell - 35514 - Petitioner seeks issuance of a writ of prohibition to prohibit enforcement of a February 11, 2010, Order of the circuit court regarding the terms as to Petitioner's use and retention of medical records.

Argument Docket
Tuesday, May 4

1. In Re: Elizabeth F. and Kyia F. - 35486 - Guardian-ad-litem for girls in abuse case appeals circuit court order granting placement of the four minor children with maternal grandmother.

2. In Re: Jessica G. - 35487 - Petitioner/Father appeals the termination of his parental rights, arguing that the court failed to make certain findings of fact and that DHHR failed to meet its burden of proof.

3. SER Steve Cogar v. Hon. Gary Johnson, Judge - 35484 - Defendant seeks issuance of a writ of mandamus arguing that the circuit court has filed to issue timely rulings upon multiple pending matters. - To be presented on briefs only without oral argument.

4. SER Mark S. Neuman v. Hon. Robert A. Burnside, Jr., Judge - 35485 - Dismissed.

5. SER Pamela Jean Games-Neely, Prosecuting Atty. v. Hon. Gray Silver, III, Judge - 35499 - Petitioner seeks issuance of a writ of prohibition to prohibit enforcement of the circuit court order of March 5, 2010, and to proceed with the matter for trial which is schedule on March 9, 2010, on the Indictment as handed down by the Grand Jury.

6. SER Mitchell and Judith Dalton v. Hon. Robert B. Stone, Senior Status Judge - 35492 - Petitioner seeks a writ of mandamus requesting a ruling from the lower court. Petitioner states that in 2002, a default on liability order was entered against his uninsured motorist carrier (Nationwide). Thereafter, the issue of damages was tried to the court in 2003. In that same year, both parties submitted findings of fact and conclusions of law. Petitioner asserts that no decision has been forthcoming despite repeated requests for a ruling and that the presiding judge is still assigned to the case on senior status. - To be presented on briefs only without oral argument.

7. SER Maple Creative LLC v. David Tincher, Director of Purchasing Division - 35504 - Petitioner in Maple Creative LLC v. David Tincher, Director of Purchasing Division, Department of Administration, No. 100126, seeks a writ of mandamus to compel the award of an advertising and public relations services contract with the West Virginia Division of Tourism to petitioner. - Justice McHugh disqualified.