*** SupCo calendar for 5/16 issue

By The West Virginia Record | May 12, 2011

Argument Docket
Tuesday, May 10

Rule 20 argument - 10:00 a.m.

1. William and Connie Huston v. Mercedes-Benz USA, LLC, et al., No. 35702 - Defendants present the circuit court's certified questions issued in this action alleging violations of the West Virginia Lemon Law, the West Virginia Consumer Protection laws, and the federal Magnuson-Moss Act. The certified questions are as follows:

1. "Does the Circuit Court of Kanawha County, West Virginia, have jurisdiction over a law suit wherein the Plaintiffs purport to be seeking to enforce the terms of a federal class action settlement, where the federal District Court that had jurisdiction of that class action expressly retained jurisdiction over the parties thereto?" The circuit court answered the first question in the affirmative.

2. "Are members of a federal court class who released all asserted or potential claims in exchange for the relief granted to the class under the federal court settlement barred from nonetheless pursuing claims, including a statutory "lemon law" claim under West Virginia law under the guise of enforcing the settlement and which would result in affirmative relief well beyond what is available under the settlement terms?" The circuit court answered the second question in the affirmative. - Justice Benjamin disqualified. Judge Kirkpatrick sitting by temporary assignment.

2. Affiliated Construction Trades Foundation v. WV Dept. of Trans., et al., No. 35742 - Plaintiff below, The Affiliated Construction Trades Foundation, appeals the circuit court's order granting summary judgment for the defendants and dismissing a declaratory judgment action with prejudice. The court found that plaintiff lacks standing.

3. SER Monongahela Power Company, et al. v. Hon. Fred L. Fox, II, et al., No. 11-0015 - Original jurisdiction Writ of Prohibition.

Argument Docket
Wednesday, May 11

Rule 19 argument - 10:00 a.m.

1. City of Harpers Ferry v. Ralph Taylor, No. 101438 - Petitioner City of Harpers Ferry appeals the Jefferson County Circuit Court order awarding attorney's fees and costs to Respondent Ralph Taylor, as the circuit court deviated from the American Rule in awarding attorney's fees in the absence of bad faith or vexatious, wanton or oppressive conduct, and in denying Petitioner a right to a hearing on the reasonableness of attorney's fees.

2. WV Medical Imaging and Radiation Therapy Technology Board of Examiners v. Kenneth A. Harrison, No. 101150 - The petitioner Board appeals from the circuit court's final order reversing the Board's decision to suspend the license of respondent. Petitioner Board asserts that the circuit court substituted its judgment for that of the licensing board. The Board asks that the circuit court's order be reversed and that the Board's decision be affirmed.

3. Jonathan Darby v. Kanawha County Board of Education, No. 101219 - Jonathan Darby appeals the Circuit Court's order which reversed the Grievance Board's decision. The circuit court upheld petitioner's termination from employment as a school bus driver. - Chief Justice Workman disqualified.

4. Christi Marie Beck-Samms v. Gregory Samms and Chadrick R. Porter, No. 35759 - Plaintiff appeals from the circuit court's order dismissing this action under Rule 12(b)(6) for failure to state a claim. The circuit court found that plaintiff's tort claim for fraud should be dismissed as the time period for appeal of family court's final order had passed; because the 1-year time limit to file a fraud action under Rule 60(b) had expired; and because plaintiff's claims were barred by the doctrines of res judicata and collateral estoppel. Plaintiff seeks a reversal of the circuit court's order and a remand to the circuit court for further proceedings.- Justice Benjamin disqualified.

5. William and Denise Huggins v. City of Westover Sanitary Board, et al., No. 35761 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendants in this wrongful termination case. Plaintiffs seek a reversal of the circuit court's summary judgment order, an order granting their motion for partial summary judgment, and a trial as to the remaining issues.

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