West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, September 4, 2013

Rule 20 argument - 10:00 a.m.

Manville Personal Injury Settlement Trust; Amalgamated Bank, as Trustee for the Longview Collective Investment Funds; and California State Teachers’ Retirement System v. Don L. Blankenship; Baxter F. Phillips, Jr.; E. Gordon Gee; Richard M. Gabrys; James B. Crawford; Bobby R. Inman; Robert H. Foglesong; Stanley C. Suboleski; J. Christopher Adkins; M. Shane Harvey; Mark A. Climens; Elizabeth S. Chamberlin; and Richard R. Grinnan; Massey Energy Company, now known as Alpha Appalachia Holdings, Inc., a Delaware corporation, No. 11-1488 - Plaintiffs appeal the circuit court's "Order Granting the Individual Defendants' Joint Motion to Dismiss Plaintiffs' Petitions for Civil Contempt and to Vacate the 2008 Order as Against Them." Chief Justice Benjamin disqualified. Senior Status Justice McHugh sitting by temporary assignment.

Arthur Thornsbury and Virginia Thornsbury v. Cabot Oil & Gas Corp., No. 12-0152 - Petitioners and surface estate owners, Arthur and Virginia Thornsbury, appeal the Circuit Court of McDowell County's "Order Granting the Motion of Summary Judgment of Cabot Oil and Gas Corporation" entered on January 4, 2012, regarding respondent Cabot Oil and Gas Corporation's ("Cabot's") use of petitioners' surface estate. Cabot, who was the mineral rights owners' lessee, entered into a contract with the surface owners and then breached it. However, Cabot claims that, due to an exculpatory clause in the 1941 deed that severed the surface and mineral estates, it is not liable to petitioners for breaching the contract or for damaging their surface estate.

Doulgas Brown, Marion Robinson, Mason County Farm Museum, Mason County Board of Education, Henderson Church of Christ, Bob Rimmey, Heather Hutchinson and Kayla Nave v. Robert D. Fluharty, in his fiduciary capacity as Executor of the Estate of Bright McCausland, No. 12-0365 - Petitioners appeal the circuit court order granting judgment on the pleadings in favor of respondent. The Mason County Circuit Court's order denies the probate of the valid Last Will and Testament of Bright McCausland. Chief Justice Benjamin disqualified. Judge Wilfong sitting by temporary assignment.

Appalachian Regional Healthcare, Inc. v. WV Department of Health and Human Resources; Rocco S. Fucillo, Secretary; WV Bureau for Medical Services; and Nancy V. Atkins, Commissioner, No. 11-1187 - The plaintiff below, Appalachian Regional Healthcare, Inc., appeals the Order Granting Defendant's Motion to Dismiss, entered by the circuit court on July 27, 2011.

  • Circuit Court Order on file in Supreme Court Clerk's Office

State of West Virginia v. Ronald Goins, No. 12-0256 - Petitioner, found guilty of 5 counts of "Brandishing a Firearm", appeals the circuit court's sentencing order.

Dan Cava, Steven Hall and Dan’s Car World, LLC v. National Union Fire Insurance Company of Pittsburgh, PA, No. 12-0203 - The defendants and third-party plaintiffs below appeal the order, entered January 3, 2012, granting summary judgment to the third-party defendant, National Union Fire Insurance Company of Pittsburgh, Pa.

Rule 19 argument

Gary L. Caudill v. CSX Transportation, Inc., No. 12-0420 - Plaintiff appeals an adverse summary judgment and the denial of Rule 59 relief in a FELA action. The circuit court found that suit was filed beyond the three year statute of limitations.

Dreama Bowden, Administratrix v. Monroe County Commission and Patricia Green, No. 12-0614 - Plaintiff below, the administratrix of decedent's estate, appeals the circuit court's order granting the defendant county commission and defendant dog warden's motion to dismiss plaintiff's lawsuit for wrongful death and negligence and pursuant to Rule 12(b)(6) of the Rules of Civil Procedure and the West Virginia Governmental and Tort Claims and Insurance Reform Act, West Virginia Code § 29-12A-1 to -18, and for the circuit court's failure to rule on plaintiff's motion to file an amended complaint.

Lee Trace LLC v. Gearly Raynes, Assessor for Berkeley County; Berkeley County Council, sitting as Board of Review and Equalization; and Berkeley County Council, No. 12-0638 - The petitioner appeals the circuit court order, entered April 16, 2012, which clarified that the circuit court's previous order, entered March 23, 2012, was a final order insofar as it related to the 2010 tax assessment. The March 23rd order affirmed the Board of Review and Equalization's determination that the petitioner's challenge to the 2010 assessment was not timely.

Lee Trace LLC v. Gearly Raynes, Assessor for Berkeley County; Berkeley County Council, sitting as Board of Review and Equalization; and Berkeley County Council, No. 12-0992 - Lee Trace, LLC appeals the final order of the circuit court, entered July 24, 2012, granting in part and denying in part the petition for appeal of the ruling of the Berkeley County Council sitting as a Board of Equalization and Review, and setting the assessment value at $6,551,735.

Ferdinand Sorongon v. WV Board of Physical Therapy, No. 12-0422 - Petitioner appeals the circuit court's order affirming the West Virginia Board of Physical Therapy's order revoking his license.

SER Office of Disciplinary Counsel v. Karen E. Acord, No. 13-0545 - Rule to show cause in contempt.

State of West Virginia v. Ethan Chic-Colbert, No. 12-1121 - Petitioner appeals his criminal sentence, alleging that the sentence as to one count was illegal and that the evidence was insufficient on two other counts.