McHUGH, J.: Quicken Loans, Inc. ("Quicken"), a Michigan corporation and a large national mortgage lender doing business in West Virginia, appeals the May 2, 2011, order of the Circuit Court of Ohio County, West Virginia, denying post-trial motions for amendment of the circuit court's findings of fact and/or conclusions of law and for offset following a verdict which found it liable for common law fraud and various claims under the West Virginia Consumer Credit and Protection Act, as set...
PER CURIAM: In this appeal from an order granting summary judgment in favor of Herbert J. Thomas Memorial Hospital Association (hereinafter referred to as "Thomas Hospital" or "the hospital"), a defendant in the action below, the petitioners, Jan H. Cunningham and Lynn Cunningham (hereinafter collectively referred to as "the Cunninghams"), who are the plaintiffs below, ask this Court to find that certain physicians were employees or actual agents of Thomas Hospital, and therefore, Thomas...
DAVIS, Justice: For the third year in a row, this Court has been asked to consider whether medical protective orders are valid and enforceable to limit the dissemination and retention of medical records obtained through discovery. 1 Such orders have been entered in lawsuits filed by plaintiffs seeking compensation for the injuries they have sustained in motor vehicle accidents caused by other motorists. Repeatedly, the insurers from whom such compensation has been sought have requested this...
WORKMAN, Justice: Petitioner/defendant below, State Farm Mutual Automobile Insurance Company (hereinafter "petitioner" or "State Farm"), appeals the July 7, 2011, order of the Circuit Court of Jefferson County, granting partial summary judgment to respondents/plaintiffs below, Jill and Steven Schatken, (hereinafter "respondents" or "Schatkens") on their declaratory judgment action. The circuit court found that both the "non-duplication" provision and reimbursement provision in State Farm's...
DAVIS, Justice: This appeal was brought by Jeffrey Jenkins and his spouse M. Jean McNabb, Plaintiffs below and Petitioners herein, from a summary judgment order of the Circuit Court of Harrison County. The trial court's order granted summary judgment in favor of the City of Elkins, Stephen P. Stanton, and National Union Fire Insurance Company. The order also granted summary judgment in part to Westfield Insurance Company and Bombardier Aerospace Corporation. 1 The issues presented in this...
MEMORANDUM DECISION Petitioners Bonnie and Gary Toothman, by Roger D. Curry, their attorney, appeal the Circuit Court of Marion County's order denying a new trial subsequent to a jury verdict. The appeal was timely perfected by counsel, and the Respondent, Kari Lynn Jones, by Jeffrey Robinette, her attorney, has filed her response. This Court has considered the parties' briefs, the record on appeal, and the oral arguments of the parties. Upon consideration of the foregoing, this Court finds...
DAVIS, Justice: R.K., 1 plaintiff below/petitioner, seeks reversal of a circuit court order dismissing numerous state-law claims he had asserted against St. Mary's Medical Center, Inc., defendant below/respondent (hereinafter referred to as "St. Mary's"). The circuit court granted St. Mary's 12(b)(6) motion to dismiss based upon its conclusion that R.K.'s state-law claims were preempted by the federal Health Insurance Portability and Accountability Act of 1996 (hereinafter referred to as "...
PER CURIAM: The instant case is before the Court upon the appeal of George Grayiel, Jr., Petitioner, from a February 1, 2011, order of the Circuit Court of Putnam County, West Virginia, granting the Respondents' 1 Motion for Summary Judgment dismissing his lawsuit ruling that arbitration clauses in Petitioner's investment contracts are not unconscionable and are enforceable. 2 Petitioner alleges that the circuit court erred in: 1) requiring him to prove that the arbitration clauses in the...
McHUGH, Justice: Michael John McGill (hereinafter "Petitioner") appeals his conviction pursuant to the December 29, 2010, sentencing order of the Circuit Court of Marshall County. The conviction resulted from acceptance of Petitioner's guilty plea to the offense of escape from custody in violation of West Virginia Code 61-5-10 (2000). He contends that the circuit court lacked jurisdiction to accept his guilty plea to this offense because his act of leaving home confinement only amounted to a...
DAVIS, Justice: This matter is before the Court based upon two certified questions from the Circuit Court of Berkeley County. The certified questions ask this Court to determine whether an affidavit was sufficient to give notice of a claim against the estate of Larry B. Hose and whether the circuit court had subject matter jurisdiction over the complaint filed in this case. We find that the affidavit was sufficient in giving notice of a claim against the estate and that the circuit court has...
McHUGH, Justice: Through means of a writ of prohibition, James Davis, the Prosecuting Attorney of Hancock County (hereinafter "Petitioner"), seeks to prevent the enforcement of the April 19, 2012, order of the Honorable Fred L. Fox II, dismissing one count of felony murder from the indictment returned against James Michael Sands. In dismissing the felony murder count, the trial court took the position that a co-perpetrator, Mr. Sands, could not be found guilty of felony murder where the...
McHUGH, Justice: John R. Holland II (hereinafter "Petitioner") hereby appeals the May 12, 2011, order of the Circuit Court of Kanawha County denying his petition for a writ of prohibition. 1 Petitioner had sought extraordinary relief in the court below in an effort to stop Joe E. Miller as the Commissioner of the West Virginia Department of Motor Vehicles (hereinafter "DMV") from pursuing license revocation proceedings against him. Petitioner contended in his circuit court petition that he...
McHUGH, Justice: Petitioner Victoria Drumheller and three corporate entities 1 seek relief from the default judgment entered against them by the Circuit Court of Jefferson County on October 16, 2009, in connection with a breach of contract action filed by Respondents James and Diane Fillinger. Petitioners assert that they were wrongfully denied the right to have a jury determine the amount of damages they owed to Respondents in connection with the default judgment. In addition, Petitioners...
PER CURIAM: This lawyer disciplinary proceeding against John W. Alderman, III, (hereinafter "Mr. Alderman") was initiated by the Lawyer Disciplinary Board's (hereinafter "Board") Investigative Panel and filed with this Court by the Office of Disciplinary Counsel (hereinafter "ODC") on October 15, 2010. Following an evidentiary hearing, the Hearing Panel Subcommittee adopted a joint recommendation on December 27, 2011, finding that the charges against Mr. Alderman were supported by the...
DAVIS, Justice: Ronald J. Hicks; Robert J. Claus, Jr.; Benson B. Flanagan; and Terry Nichols, petitioners/petitioners below (hereinafter "the Petitioners"), appeal from an order of the Circuit Court of Kanawha County dismissing their declaratory judgment petition. The Petitioners asked the lower court to declare that the West Virginia Consolidated Public Retirement Board, respondent/respondent below (hereinafter "the Board"), could not impose disability re-certification requirements of an...
MEMORANDUM DECISION Petitioner Bobby Stotler, by counsel, Christopher Prezioso, appeals the Circuit Court of Berkeley County's order entered on August 10, 2011, denying his petition for writ of habeas corpus. The State has filed its response, by counsel Christopher Quasebarth. Petitioner has filed a reply. This Court has considered the parties' briefs and the record on appeal. The facts and legal arguments are adequately presented, and the decisional process would not be significantly aided...
McHUGH, Justice: Appellant Roger W. Goff seeks relief from the May 25, 2010, order of the Circuit Court of Harrison County dismissing his complaint against Appellee Penn Mutual Life Insurance Company ("Penn Mutual") for failure to state a claim upon which relief can be granted. 1 As the primary beneficiary under an insurance policy issued by Penn Mutual, Appellant brought a cause of action under the West Virginia Unfair Trade Practices Act, 2 asserting that Penn Mutual had violated the...
PER CURIAM: The petitioner herein and defendant below, CSX Transportation, Inc. (hereinafter "CSX"), appeals from an order entered November 19, 2011, by the Circuit Court of Boone County. By that order, the court denied CSX's motion for post-trial relief ruling that the respondent herein and plaintiff below, Angela Smith (hereinafter "Ms. Smith"), had presented sufficient evidence to prove her hostile work environment claim; the jury had been instructed correctly on the law of retaliatory...
McHUGH, Justice: This is an appeal by Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter "DMV"), from an order of the Circuit Court of Mason County reversing the administrative license revocation of Mr. David K. Smith. Upon thorough review of the record, arguments of the parties, statutory framework, and relevant precedent, this Court reverses the lower court's order and remands this matter for the entry of an order reinstating the administrative...
DAVIS, Justice: The petitioners herein and plaintiffs below, David F. Finch and Shirley R. Finch (hereinafter "Mr. and Mrs. Finch" or "the Finches"), appeal from an order entered January 11, 2011, by the Circuit Court of Wood County. By that order, the circuit court granted summary judgment to the respondent herein and defendant below, Inspectech, LLC (hereinafter "Inspectech"). The circuit court concluded that, by signing the parties' "Inspection Agreement," which contained a clause...
