WEST VIRGINIA RECORD

Argument Docket
Tuesday, Sept. 27
Rule 20 argument - 10 a.m.

1. Pilgrim's Pride Corporation, et al. v. State Tax Commissioner, et al., No. 101627 - Pilgrim's Pride appeals circuit court order granting summary judgment in favor of State Tax Department and County Assessor in business's appeal of State Tax Department's ruling that its personal property is subject to ad valorem property taxation and is not eligible for exemptions from personal property tax provided by W.Va. Code § 11-3-9(a)(21) for property used for the subsistence of livestock and 11-3-9(a) (28) for property employed exclusively in agriculture.

2. Tammy Martin, et al. v. Barbour County Board of Education, No. 101632 - Fifteen employees holding extracurricular coaching contracts with the Barbour County Board of Education appeal the circuit court's order affirming the grievance board's order denying their joint grievance. They argue that the board of education failed to follow the provisions of W.Va. Code § 18A-2-7, pertaining to transfer of employees, prior to the board's adoption of a "Barbour County Schools Coaching Supplement Calculation Matrix." -Chief Justice Workman disqualified.

3. Patsy A. Hardy, Secretary of WV DHHR v. Benjamin H., No. 101540 - DHHR appeals circuit court order reversing the decision of the hearing officer which denied Respondent's eligibility for the MR/DD Waiver Program. - Rescheduled to October 18, 2011.

4. Charles W. Lee v. Patricia E. Lee, No. 101605 - Wife appeals circuit court order affirming family court order denying wife the continuing use of home based upon the terms of a prenuptial agreement between the husband and wife.

Rule 19 argument - 1:30 p.m.

5. Anthony Armstead v. WV Human Rights Commission and Federal Express, No. 101590 - Petitioner appeals from the circuit court's order reversing the final decision of the Human Rights Commission, which adopted the administrative law judge's final decision in favor of petitioner and the supplemental final decision on damages and attorneys' fees in this racial discrimination case in employment. Petitioner seeks a reversal of the circuit court's decision, a reinstatement of the final decision of the Human Rights Commission in his favor, and an award of such other and further relief as may be appropriate.

6. Joe E. Miller, Commissioner v. John Moredock, No. 11-0081 - Department of Motor Vehicles appeals circuit court order reversing Department's order revoking respondent's driver's license based upon the circuit court's finding of due process violations because of delays between the respondent's request for hearing, the holding of the hearing, and the issuance of a final order. The Department argues that the respondent failed to show prejudice based upon the delays.

7. State of West Virginia v. Arnold Wayne McCartney, No. 101457 - Petitioner was sentenced to life without mercy. Petitioner asserts insufficiency of the evidence and other errors.

8. Norfolk Southern Railway Co., et al. v. James W. Higginbotham, No. 101499 - Defendants in malicious prosecution suit appeal judgment order based upon jury verdict, arguing error by the circuit court in denying summary judgment and based upon multiple trial errors.

9. Lawyer Disciplinary Board v. Dennie S. Morgan, Jr., No. 35513 - The Court will hear arguments in the Lawyer Disciplinary procedure.

Argument Docket
Wednesday, Sept. 28
Rule 20 argument - 10:00 a.m.

1. SER Richmond American Homes of WV, Inc., et al. v. Hon. David H. Sanders, Judge, No. 11-0770 - Petitioner seeks a writ of prohibition challenging a circuit court order holding that the arbitration provision is substantively unconscionable.

2. Gary and Dorothy Street v. Erie Insurance Property & Casualty Co., No. 101594 - Plaintiffs appeal circuit court order granting summary judgment to insurer in declaratory judgment action concerning the availability of underinsured motorists coverage through a commercial auto policy issued to its insured, a janitorial service, for an accident involving the personal vehicle of the president of the janitorial service.

3. In Re: Antonio R.A., No. 101559 - Petitioners appeal from the circuit court's order affirming the decision of the family court finding that respondent should have custody of Antonio R. A. Petitioners seek a reversal of the orders of the circuit and family courts and a remand with instructions that Petitioner be appointed as guardian for the minor child and for such further relief as this Court deems appropriate.

4. Sheila Ann Rutherford v. Olive V. McClanahan and Kanawha County Commission, No. 101556 - Plaintiff's underinsured motor carrier appeals the circuit court's order regarding the calculation of prejudgment interest upon a jury verdict in favor of plaintiff, which included special damages in the amount of $170,000. This appeal involves legal issues regarding the calculation of prejudgment interests under West Virginia law. State Farm requests a reversal of the circuit court's pre-judgment interest calculation and a recalculation of the same. Plaintiff Rutherford has filed a cross-assignment of error challenging the circuit court's reduction of her prejudgment interest award as not permitted under West Virginia law.

Rule 20 argument - 1:30 p.m.
5. Joseph Cassaccio and National Indemnity Co. v. Harold A. Curtiss, Executor, No. 101527 - Petitioners appeal the circuit court orders awarding sanctions based upon the circuit court's findings of Petitioners' misconduct during mediation of underlying wrongful death action - Justice McHugh disqualified. Judge Alsop sitting by temporary assignment.

6. V.P.H., a disabled adult v. WV Dept. of Health and Human Resources, No. 11-0168 - Petitioner appeals from the circuit court's order granting summary judgment in favor of the Department of Health and Human Resources and upholding its Medicaid lien under West Virginia Code §9-5-11. Petitioner asks this Court to grant this appeal involving the validity of the Medicaid lien statute, which petitioner asserts is overly broad and cannot be enforced. In the alternative, petitioner asks this Court to remand the action with an order directing the parties to negotiate over an allocation of damages with formal mediation and, failing an agreement being reached, with directions that the circuit court conduct an evidentiary proceeding to determine a fair allocation of the recovered damages.

7. City of Saint Albans, B.L. Tagayun and A.C. Truit v. David A. Botkins, No. 101596 - Defendants filed his interlocutory appeal from the circuit court's order denying their motion for summary judgment on the main issue of qualified immunity. Defendants seek a reversal of the circuit court's order and a remand for dismissal with prejudice.