West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, January 24, 2017

Rule 20 argument - 10:00 a.m.

Edward and Sandra Harris v. Calhoun County Commission, No. 16-0735 - Certified Question From The Circuit Court of Calhoun County:

Does the statute of limitations in an alleged breach of contract action against an employer for failure to timely enroll an employee in retirement benefits begin to run when the act breaching the contract occurs and employee knows of the breach?
Circuit Court Answer:
No. The statute of limitations begins to run when the employee is subsequently damaged at retirement through the receipt of less advantageous retirement benefits than they would have received, had they been timely enrolled.

SER Bailey & Glasser LLP v. Hon. John L. Cummings, Judge, No. 16-0936 - Petitioner seeks a writ of prohibition challenging a circuit court order disqualifying lawyer James Lees and his firm of Hunt & Lees from acting as counsel for Bailey & Glasser. Dismissed.

Citizens Telecommunications Company of West Virginia, et al. v. Michael Sheridan, et al., 16-0005 - Petitioner appeals the November 30, 2015, order of the Circuit Court of Lincoln County that denied its motion to compel individual arbitration with respondent-customers and all similarly-situated individuals. Respondents seek to represent a statewide class of customers in their action against petitioner for unjust enrichment and violations of the WVCCPA.

Rule 19 argument

SER J.E.H.G. v. Hon. Tod J. Kaufman, Judge, et al., 16-0931 - The Guardian Ad Litem seeks a writ of prohibition challenging a circuit court order granting an improvement period to the mother with a 20-year history of abuse and neglect proceedings that resulted in prior terminations or relinquishments in light of terminations when the mother continued a constant pattern of drug use, abusive relationships, and failure to treat her mental illness.

GMS Mine Repair and Maintenance, Inc. v. Jeffrey S. Miklos, No. 16-0331 - Petitioner appeals the order of the Circuit Court of Ohio County, entered on March 3, 2016, denying petitioner’s motion to stay class discovery in an action brought pursuant to the West Virginia Wage Payment and Collection Act, West Virginia Code § 21-5-1, et seq.

Rule 20 argument

In the Matter of: Stephen O. Callaghan, No. 16-0670 - The Court will hear arguments in this judicial disciplinary case.