West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, May 23, 2017

Rule 20 argument - 10:00 a.m.

Gastar Exploration, Inc. v. Joyce Contraguerro, et al., No. 16-0429 - Petitioner appeals the circuit court’s order award of partial summary judgment to respondents as to the necessity of their ratification of a lease agreement between respondents PPG and Gastar for the pooling and unitization of gas wells in which respondents held only a royalty interest. Petitioner contends that the circuit court erred in finding that respondents’ prior consent was necessary for approval of such an agreement, when the agreement was negotiated by PPG, the holder of the executive right.

Government Employees Insurance Co. v. Steve Sayre, Administrator, No. 16-0750 - Petitioner appeals the denial of its motion for summary judgment and the grant of summary judgment to respondent in this declaratory judgment action related to the alleged wrongful death of respondent’s decedent.

John D. Williams v. Kenneth Tucker and Deborah Tucker, No. 16-0657 - Petitioner appeals the circuit court’s denial his motion for a preliminary and permanent injunction to enjoin respondents from pursing their claims against petitioner through arbitration. Petitioner argues that the circuit court erred in failing to find that respondents’ current arbitration claims against petitioner were an impermissible collateral attack on a prior arbitration award in petitioner’s favor and that respondents waived their right to pursue their claims against petitioner.

Rule 19 argument

Robert Jackson, et al. v. Pamela S. Brown, Administratrix, No. 16-0724 - Petitioners appeal following the circuit court’s grant of partial summary judgment in favor of respondent, in which the circuit court ruled that Petitioner Robert Paul Jackson was liable for a motor vehicle accident resulting in the death of respondent’s decedent and that there was no admissible evidence of the decedent’s comparative fault in the accident. Following a jury trial on the issues of damages and the liability of the Trust, the jury found Petitioner Trust liable for Mr. Jackson’s negligence and awarded damages in the amount of $543,202.17.

Maria Bock v. John Bock, No. 16-0817 - Petitioner appeals the circuit court’s order affirming the family court’s final order in the parties’ divorce proceeding. Petitioner contends that the circuit court erred in failing to consider petitioner’s student loan debt in equitable distribution, in dividing the parties’ retirement benefits, and in denying petitioner’s request for alimony and spousal support.