West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, October 10, 2018

Admissions Ceremony - 9:30 a.m.

Rule 20 argument - 10:00 a.m.

John Wood v. WVOIC/Pine Ridge Coal Company, No. 17-1059 - Withdrawn.

Lester Pennington Jr. v. WVOIC/Mountaineer Coal Company, No. 17-1060

Richard Arthur v. WVOIC/Elk Run Coal Company, Inc., No. 17-1061

Robert West v. EMC Metals, Inc., No. 17-1063

Randy Keffer v. Fola Coal Company, LLC, No. 17-1123

Selwyn Vanderpool, et al. v. Corporal B.M. Hunt, No. 17-0436 - Petitioners appeal the denial of their motion for rehearing following the circuit court’s grant of respondent’s motion to dismiss. Respondent sets forth two cross-assignments of error, asserting that the circuit court erred in failing to find respondent immune from petitioners’ claims and asserting that petitioners’ claims against respondent do not survive the death of Selwyn Vanderpool. Continued generally.

Rule 19 argument

SER City of Bridgeport v. Hon. Christopher J. McCarthy, Judge; and Michael A. Craft, No. 18-0457 - This Petition for Writ of Prohibition is filed on behalf of The City of Bridgeport pursuant to the Circuit Court of Harrison County's Order Denying The City of Bridgeport's Motion for Summary Judgment.

Delby B. Pool v. Public Service Commission of WV, et al., No. 18-0280 - Appeal from March 6, 2018 order of the Public Servie Commission, wherein said Commission granted the Exceptions filed by Respondent Greater Harrison Public Service District.

Atlantic Credit & Finance v. Courtney Stacy, No. 17-0615 - In this interlocutory appeal, petitioner appeals the March 6, 2017, order of the Circuit Court of Wyoming County that denied its motion to compel arbitration. The circuit court found that petitioner did not prove the existence of an arbitration agreement between the parties, and, that even if an agreement existed, the agreement was procedurally and substantively unconscionable, and petitioner waived its right to arbitration through its own conduct.

State of West Virginia v. Michelle Ann Kitchen, No. 17-0607 - Petitioner appeals the circuit court’s order revoking her probation and imposing the underlying criminal sentence.

Justice Farrell disqualified. Judge Bailey sitting by temporary assignment.

In Re: K.H., No. 18-0282

State of West Virginia v. Brian O’Neil Gifft, No. 18-0164 - Rule to show cause in contempt against Michael Santa Barbara, Esq., counsel for the petitioner, unless sooner mooted.