West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, March 5, 2019

Rule 20 argument - 10:00 a.m.

Heather Humphrey, et al. vs. Westchester Limited Partnership, et al., No. 17-0885 - Petitioner Appeals order granting summary judgement to Respondent, seeking a reversal and remand for a trial on the merits.

Rule 19 argument

Employee Resource Group, LLC, et al. vs. Anita Collins, No.18-0007 - In this interlocutory appeal, Petitioners appeal the order of the Circuit Court denying their motion to enforce arbitration of respondent’s claim for wrongful termination. Continued to May 14

Certegy Check Services Inc. vs. Janice Fuller, No. 17-0972 - In this interlocutory appeal, Petitioner seeks reversal of the circuit court’s order denying petitioners’ motion to compel arbitration, referral of this action to arbitration, and staying of the action pending arbitration.

Rule 20 argument

Michael D. Michael, Administrator, et al. v. Consolidation Coal Company, No. 18-0725 - Certified questions from the United States Court of Appeals for the Fourth Circuit, to be answered: Justice Workman disqualified. Judge Carl sitting by special assignment.

(I) Is a fraudulent concealment claim, as set forth in Kessel v. Leavitt, 511 S.E.2d 720 (W. Va. 1998), cognizable when the alleged injury was the plaintiffs' loss of a timely claim for wrongful death under West Virginia Code ยงยง 55-7-5, 55-7-6 (1967)?

(2) If the answer to Question (I) is yes: Under the West Virginia discovery rule, does the statute of limitations for a fraudulent concealment claim begin to run against a corporate entity when a plaintiff

(A) learns that the entity concealed the intentional act of an unidentified individual, which resulted in the death of other employees at the entity's workplace; or

(B) discovers that the entity concealed both the intentional act and the identity of a particular employee, who allegedly acted at the direction of the entity, resulting in the death of other employees at the workplace?