West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, January 10, 2018

Rule 20 argument - 10:00 a.m.

AMFM, LLC, et al. v. Kimberly Shanklin, No. 17-0096 - Petitioner appeals the denial of its motion to dismiss and compel arbitration. At the time of the decedent’s admission to the nursing home, decedent suffered from dementia, and respondent (decedent’s daughter) signed the admission papers, which included an arbitration agreement, as the decedent’s power of attorney. However, according to decedent’s durable power of attorney document executed two years prior to her admission, decedent’s primary attorney-in-fact was her son; respondent’s appointment as attorney-in-fact was triggered when the son “cannot or will not serve” as power of attorney. Therefore, the circuit court ruled that respondent lacked any authority to bind the decedent into arbitration.

Alan Enterprises, LLC v. Mac’s Convenience Stores LLC, et al., No. 17-0087 - Petitioner, a gas station owner, sued respondents, a gas station owner and its employees, alleging they sold gasoline “below cost” in violation of the West Virginia Unfair Trade Practices Act (“UTPA”), W.Va. Code §§ 47-11A-1, to -14. The business court granted summary judgment to respondents and denied petitioner’s motion for partial summary judgment which asked the court to find that “applicable taxes” paid by a gasoline retailer such as respondent were included in the “cost” of gasoline under W.Va. Code § 47-11A-6.

Allen and Arlene McInarnay v. Peggy T. Hall, et al., 17-0086 - Petitioners appeal the order of the Circuit Court of Monroe County, entered on December 28, 2016, granting respondents’ motion for a new trial after a jury found that a right-of-way to respondents’ property (that passed over petitioners’ property) was terminated by abandonment.

Rule 19 argument

Pat Reed, Commissioner WV DMV v. Joseph Pompeo, 17-0175 - The DMV appeals the circuit court’s order that reversed the decision of the OAH revoking respondent’s driver’s license following his arrest for DUI. The circuit court reinstated respondent’s license, finding that although the police lawfully stopped respondent for having a burned out headlight, there was insufficient evidence before the OAH to prove that respondent was driving under the influence.