West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, May 2, 2017

Rule 20 argument - 10:00 a.m.

Patrick D. Leggett, et al. v. EQT Production Company, et al., No. 16-0136 - (Argument on rehearing, case first argued on Sept. 14, 2016.) The United States District Court for the Northern District Court of West Virginia certified the following questions to this Court:
1. Does Tawney v. Columbia Natural Resources, LLC, 219 W.Va. 266, 633 S.E.2d 22 (2006), which was decided after the enactment of West Virginia Code § 22-6-8, have any effect upon the Court’s decision as to whether a lessee of flat-rate lease, converted pursuant to West Virginia Code § 22-6-8, may deduct post-production expenses from his lessor’s royalty, particularly with respect to the language of “1/8 at the wellhead” found in West Virginia Code § 22-6-8?
2. Does West Virginia Code § 22-6-8 prohibit flat-rate royalties only for wells drilled or reworked after the statute’s enactment and modify only royalties paid on a per-well basis where permits for new wells or to modify existing wells are sought, or do the provisions of West Virginia Code § 22-6-8 abrogate flat-rate leases in their entirety?

Briefs from Sept. 14, 2016 argument

West Virginia Board of Education v. Zelda Croaff, No. 16-0532 - Petitioner appeals the Circuit Court of Mingo County’s order denying its motion to dismiss respondent’s negligence and deliberate intent suit. The WVBE’s motion to dismiss was based on the following grounds: (1) insufficient service of process; (2) improper venue; (3) failure to state a claim pursuant to Rule 12(b)(6) of the Rules of Civil Procedure; (4) failure to plead an actionable deliberate intent claim; and (5) sovereign and qualified immunity.

State of West Virginia v. Belinda Ann Fuller, No. 16-0153 - Petitioner appeals the circuit court’s sentencing order in this criminal matter.

Edith Young v. EOS CCA, No. 16-0151 - Petitioner appeals the circuit court’s order granting summary judgment to respondent in this civil matter.

Rule 19 argument

State of West Virginia v. Jerry E. Berry, No. 16-0461 - Petitioner appeals his conviction of embezzlement and his resulting one to ten year prison sentence.