*** SupCo calendar for 9/19 issue

By The West Virginia Record | Sep 15, 2011

Argument Docket
Tuesday, Sept. 20
Rule 20 argument - 10 a.m.

1. Mary Catherine Lehman and Patricia Ann Powell v. United Bank, Inc., No. 101486 - Plaintiffs appeal the circuit court's orders granting summary judgment for the defendant in two suits brought pursuant to the Wage Payment and Collection Act. The court found that the defendant employer made timely payments of severance pay to the plaintiffs.

2. Kim Wolfe, Cabell County Sheriff, et al. v. Nathaniel Adkins, et al., No. 101476 - Cabell County officials appeal the circuit court's judgment order awarding payment for total accumulated sick leave to twenty-two county Cabell County Jail employees who were terminated from their employment. The court also awarded the former employees liquidated damages and attorney's fees.

3. PNGI Charles Town Gaming, LLC v. Lawrence Reynolds, et al., No. 101503 - Non-party PNGI Charles Town Gaming, LLC d/b/a Charles Town Races & Slots appeals the circuit court's order enjoining it from excluding certain jockeys from the track's premises pending the outcome of the jockeys' appeal to circuit court of a decision of the W.Va. Racing Commission. The Commission suspended each jockey's occupational permit for 30 days and imposed fines.

4. In Re: E.B., a minor, No. 101537 - Petitioner appeals from the circuit court's order holding that West Virginia Code §9-5-11 (2009) is preempted by Arkansas Dept. of Health and Human Services v. Ahlborn, 547 U.S. 268 (2006), and that Ahlborn required proportional reduction of the State's recovery according to the ratio of the settlement to the "full value" of the case. The circuit court then reduced petitioner's statutory recovery from $289,075.44 to $79,040.82. Petitioner seeks a reversal of the circuit court's order and a remand with instructions that DHHR's reimbursement is in the amount of $289,075.44, plus interest, and such further relief as this Court may deem appropriate.

Rule 20 argument - 1:30 p.m.

5. WV Employers Mutual Ins. Company v. Summit Point Raceway Assoc., No. 101414 - Insurer, defendant below, appeals the circuit court order granting Plaintiff's motion for partial summary judgment in declaratory judgment action dealing with coverage for deliberate intent claims.

6. Diana Mey v. The Pep Boys - Manny, Moe & Jack, et al., No. 101406 - Plaintiff appeals from the circuit court's order dismissing this action pursuant to Rule 12(b)(6) and from the circuit court's order denying plaintiff's motion to reconsider. Plaintiff instituted this putative class action alleging that defendants violated the Telephone Consumer Protection Act by placing a pre-recorded telephone call advertisement to her home for the purpose of encouraging her to sell a car through defendants' joint venture, Caroffer.com. Plaintiff sought injunctive relief and statutory damages.

Argument Docket
Wednesday, Sept. 21
Rule 19 argument - 10 a.m.

1. Norma Acord v. Colane Corporation, et al., No. 101366 - Plaintiff instituted this class action for medical monitoring, nuisance, negligence and strict liability arising out of exposure to a class comprising school children and others who either attended or worked at an elementary school that was built upon a site that had been a garbage dump. Plaintiff sought a medical monitoring trust fund, abatement, monetary damages and punitive damages. Plaintiff appeals from the circuit court's orders granting defendants' dispositive motions. Plaintiff seeks a reversal and a remand for a jury trial. - Justice Benjamin disqualified. Judge Hummel sitting by temporary assignment.

2. Charles L. Mitter v. David Ballard, Warden, No. 101510 - Petitioner appeals from the circuit court's order denying his petition for a writ of habeas corpus. Petitioner asserts that the circuit court erred by denying him relief on the basis that his second habeas counsel was ineffective and by denying his motion under Rules 59 and 60 of the West Virginia Rules of Civil Procedure for alteration or relief from judgment.

3. In Re: C.B., H.B. and K.B., No. 11-0175 - Petitioner Mother appeals the circuit court's termination of her parental rights, arguing that the circuit court erred in terminating her parental rights, and that the circuit court erred in failing to award post-termination visitation.

4. State of West Virginia v. Jason Clay Anderson, No. 101367 - Petitioner was sentenced to life without mercy. Petitioner asserts insufficiency of the evidence and other errors.

5. Kanawha County Board of Education v. Robert Fulmer, No. 101578 - Board of Education appeals circuit court order denying its motion to alter or amend mandamus requiring Board of Education to pay certain damages to employee based upon underlying grievance decision. Chief Justice Workman disqualified.

6. Rebecca Shanklin v. Kanawha County Board of Education, No. 101526 - Employee appeals circuit court order affirming the denial of her grievance by the West Virginia Public Employees Grievance Board, arguing that the circuit court erred in finding that she was not entitled to reinstatement in a general maintenance position. Chief Justice Workman disqualified.

Rule 19 argument - 1:30 p.m.

7. J.D. Hopkins v. DC Chapman Ventures, Inc., No. 101530 - Defendants appeal from the circuit court's order entered in this action involving a boundary line dispute. Defendants seek a review of the circuit court's order entered on July 9, 2010, which defendants state changed the area adversely possessed by defendant.

8. Lamar Outdoor Advertising v. WV Dept. of Transportation, No. 101285 - Petitioner appeals from the circuit court's order affirming the order of the Commissioner of Highways, which ordered that a certain outdoor advertising structure be dismantled. Petitioner seeks a reversal of the circuit court's order and that petitioner be given the requisite 30 days to bring the formerly-compliant advertising structure back into compliance with the law.

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