West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, October 18, 2017


Rule 20 argument - 10:00 a.m.


WV Lottery, et al. v. A-1 Amusement, et al., No. 16-1047 - Petitioners appeal the order of the Circuit Court of Kanawha County, entered on October 7, 2016, denying their second motion to dismiss the complaint. Petitioners acknowledge that this is an interlocutory appeal, but assert that it is appropriate because it addresses the qualified and sovereign immunity of state agencies and public officials.

Sarah and Michael Magee v. Racing Corp. of West Virginia, et al., No. 17-0008 - Petitioners appeal the order of the Circuit Court of Kanawha County, entered on December 7, 2016, granting petitioners’ motion to reinstate their case after it was dismissed pursuant to Rule 41 of the Rules of Civil Procedure, and granting the motion to dismiss of respondents Racing Corporation of West Virginia and Dallas Nelson.

State of West Virginia v. Orville Hutton, No. 16-1069 - Petitioner appeals the circuit court’s denial of his writ of error coram nobis.

Pratt & Whitney Engine Services v. State Tax Commissioner, No. 16-0903 - Petitioner appeals the circuit court’s order in which the court ruled that petitioner’s inventory of jet engine repair parts did not meet the requirements of the Freeport Amendment, and, thus, were subject to ad valorem property tax.

Rule 19 argument


SWN Production v. Richard and Mary Long, No. 16-1131 - Petitioner appeals the circuit court’s order denying its motion to compel arbitration and to dismiss. Petitioner and respondents are parties to an oil and gas lease that contains an arbitration clause. The circuit court found the clause ambiguous on the basis that two other provisions in the lease contain the phrases “court of competent jurisdiction” and “civil action.”

David Ballard, Warden v. Philip A. Ward, No. 16-1007 - Petitioner appeals the October 14, 2016, order of the Circuit Court of Cabell County that granted respondent Phillip A. Ward’s habeas petition, and granted respondent a new trial on the basis of newly discovered evidence pursuant to Zain III. Rescheduled to October 4, 2017.