West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, September 26, 2012



Rule 20 argument - 10:00 a.m.


James Martin, Director v. Matthew L. Hamblet, No. 11-1157 - The Circuit Court of Doddridge County certifies the following question:
Does the West Virginia Supreme Court of Appeal's opinion in State ex rel. Lovejoy v. Callaghan, 213 W. Va. 1, 576 S.E.2d 246 (2002) (per curiam), interpret the relevant statutes, when read in pari materia, to permit a surface owner to seek judicial review of the West Virginia Department of Environmental Protection, Office of Oil and Gas's issuance of a well work permit for a horizontal Marcellus well?
The circuit court answers in the affirmative.

Rescheduled to September 25, 2012.

Dawn Colette Bland and Autumn Nicole Bland v. West Virginia State Police Retirement Board, et al, Nos. 11-0746, 11-0747 and 11-1146 - Petitioners, who are state troopers (and certain dependents) from the 42nd through 45th State Police Academy cadet classes, appeal the circuit court's order dismissing with prejudice their civil suit against the W. Va. Consolidated Public Retirement Board, the Board's Acting Executive Director, the State of W. Va., the W. Va. State Police Retirement System, and the W. Va. Public Employees Retirement System. The circuit court found that the civil suit is barred by res judicata and collateral estoppel.

11-0746

11-0747

11-1146

R.K. v. St. Mary’s Medical Center, Inc., No. 11-0924 - Plaintiff R.K. appeals the circuit court's order dismissing his lawsuit against Defendant St. Mary's Medical Center, Inc., for the alleged improper dissemination of plaintiff's private medical information. Plaintiff asserts that the court erroneously dismissed his case by finding that his state common law claims are completely preempted by HIPPA. Defendant cross-assigns as error the circuit court's decision not to dismiss the case for failure to comply with the MPLA's pre-suit requirements; the court found that the MPLA does not apply. Continued.

Hominey Creek Preservation Association, Inc. v. WV Department of Environmental Protection, No. 11-0749 - Hominy Creek Preservation Association, Inc. appeals the circuit court's order reversing an administrative order of the Surface Mine Board on the issue of an award of attorney's fees and expenses.

SER James Davis, Prosecuting Attorney v. Hon. Fred L. Fox, II, Judge, No. 12-0603 - The prosecuting attorney seeks a writ of prohibition to prohibit the circuit court from enforcing an order dismissing a felony murder charge.


Rule 19 argument - 1:30 p.m.


Rodney Mills v. Dan Ryan Builders, Raymond and Jacquelyn Enright, No. 11-0254 - Defendant in proceeding involving trespass and nuisance regarding an easement appeals the circuit court's order granting summary judgment in favor of the plaintiffs on liability issues and on his counter-claim and an adverse jury verdict on the issue of damages.

SER Public Service Commission of West Virginia and The Wetzel County Solid Waste Authority v. Lackawana Transport Company and Solid Waste Services, Inc., No. 12-0527 - The PSC and The Wetzel County Solid Waste Authority sek a writ of mandamus to compel respondents to comply with a PSC order that requires them to provide information and financial records pertinent to an ongoing investigation of the respondents.

RRK, Inc. v. New Hampshire Insurance Company, No. 11-1099 - Petitioner appeals from the circuit court's order granting partial summary judgment in favor of respondent on insurance coverage under a commercial marine property insurance policy. Petitioner asserts that the circuit court's order is contrary to law and should be reversed because it reforms the insurance policy to eliminate all policy exclusions.

Mountain America, LLC, et al. v. Donna Huffman, Assessor, Nos. 11-1057 and 11-1058 - Several taxpayers appeal the circuit court's order affirming the board of equalization and review's decision upholding the Monroe County Assessor's valuations of real property for purposes of Ad Valerom property tax assessments in 2008. The circuit court ruled that this matter was previously ruled upon in a challenge to the 2007 assessments, thus the instant case is barred by res judicata.

11-1057

11-1058

Benjamin Beverly v. Gary Kent Thompson and Miki Thompson, No. 11-1188 - Petitioner appeals the denial of his motion for a new trial and in the alternative, motion for an amended judgment, after the circuit court found him 50% responsible for a promissory note.

John R. Holland, II v. Joe E. Miller, Commissioner, No. 11-1188 - Petitioner appeals the circuit court's order denying his petition for writ of prohibition and/or writ of mandamus in this civil matter.

Lawyer Disciplinary Board v. Joshua M. Robinson, No. 35549 - Rescheduled to October 17, 2012.