PER CURIAM: In this proceeding seeking a writ of prohibition, the petitioner, Ocwen Loan Servicing, LLC ("Ocwen"), asks this Court to prevent the circuit court of Kanawha County from enforcing its order that denied Ocwen's "Motion to Compel Individual Arbitration and Dismiss, or Alternatively, Stay Matter." In denying Ocwen's motion, the circuit court first concluded that the arbitration agreement was unenforceable under a provision of the Dodd-Frank Act that proscribes the inclusion of...
DAVIS, Justice: Deborah Kay Harris, administratrix of the Estate of Ronald K. Harris ("Petitioner"), appeals an order of the Circuit Court of Marshall County granting summary judgment in favor of CSX Transportation, Inc. ("CSX"). The circuit court granted summary judgment after ruling that Petitioner was precluded from calling her three expert witnesses at trial. The dispositive issue presented by the Petitioner in this appeal is whether the circuit court committed error in finding the...
DAVIS, Justice: These consolidated appeals submit the same legal issue for this Court's review: whether a circuit court action alleging violations of the West Virginia Human Rights Act, W. Va.Code 5-11-1 et seq. ("WVHRA") is proper in the absence of the exhaustion of administrative remedies available pursuant to the West Virginia Public Employees Grievance Procedure, W. Va. Code 6C-2-1 et seq. ("Grievance Procedure"). In these combined cases, Theresa Weimer ("Ms. Weimer") and Vicky Lou...
DAVIS, Justice: The petitioners herein and defendants below, Cavalry SPV I, LLC ("SPV I"); Cavalry SPV II, LLC ("SPV II"); Cavalry Investments, LLC ("CI"); and Cavalry Portfolio Services, LLC ("CPS") 1 appeal from two orders entered by the Circuit Court of Kanawha County pertaining to the enforcement of an investigative subpoena issued against them by the respondent herein and plaintiff below, the Attorney General of West Virginia, Patrick Morrisey 2 ("Attorney General"). This Court...
DAVIS, Justice: This action presents this Court with a certified question from the Circuit Court of Harrison County asking whether "West Virginia's version of the Uniform Limited liability Company Act, codified at W.Va. Code 31B[-1-101] et seq., afford[s] complete protection to members of a limited liability company against a plaintiff seeking to pierce the corporate veil " After considering the parties' briefs, their oral arguments and the relevant law, we answer this certified...
PER CURIAM: The petitioner herein and plaintiff below, Lorraine M. Upchurch ("Ms. Upchurch"), Administratrix of the Estate of Joe Edward Mallory ("Mr. Mallory"), appeals from orders entered June 6, 2012, and June 12, 2012, by the Circuit Court of Kanawha County. By the June 6, 2012, order, the circuit court found that the respondents herein and defendants below, McDowell County 911 and Jane Doe Dispatcher 1 (collectively "McDowell County 911"), were entitled to summary judgment because Ms....
PER CURIAM. The petitioner herein and respondent below, Anthony J. Veltri ("Commissioner Veltri"), appeals from the Circuit Court of Taylor County's March 16, 2012, summary judgment order, in which the court also granted a writ of mandamus. The effect of the mandamus was to remove Commissioner Veltri from his post as Taylor County Commissioner 1 and to replace him with the respondent herein and petitioner below, John Michael Withers ("Mr. Withers"). On appeal to this Court, Commissioner...
PER CURIAM: In this appeal, Jerel Addison Garner (hereinafter "Mr. Garner"), challenges his convictions for Voluntary Manslaughter, 1 Wanton Endangerment, 2 and Carrying a Concealed Weapon Without a Permit (second offense). 3 He alleges numerous errors; 4 however, this case is resolved on the issue of Mr. Garner's right to effectively cross-examine a key witness. Having thoroughly considered the parties' briefs, relevant portions of the appendix record, oral argument and relevant law, we...
PER CURIAM: The instant case is before the Court upon the appeal of Bryan Maggard, Petitioner, from a conviction for one count of second degree sexual assault. Petitioner alleges the following assignments of error: 1) the circuit court erred by allowing the State to question the alleged victim regarding the Petitioner's sexual history and portraying him as a sexual predator; 2) the circuit court erred by excluding the alleged victim's Twitter statement under the Rape Shield Law; 3) the circuit...
PER CURIAM. The petitioner herein and plaintiff below, Robert L. Burnworth ("Mr. Burnworth"), appeals from orders entered July 23, 2012, and August 10, 2012, by the Circuit Court of Kanawha County. By the July 23, 2012, order, the circuit court found that Mr. Burnworth was not entitled to judgment as a matter of law on his claim of legal malpractice against the respondents herein and defendants below, Kent George ("Mr. George"), Robinson & McElwee, PLLC ("RAM"), and John T. Poffenbarger ("Mr....
DAVIS, Justice: The petitioners herein and defendants below, Joseph E. Jackson (hereinafter "Mr. Jackson") and the West Virginia Department of Transportation, Division of Highways (hereinafter "DOH"), appeal from two orders entered by the Circuit Court of Mingo County. By its first order, entered March 7, 2012, the circuit court denied the motion for summary judgment filed by Mr. Jackson and the DOH, concluding that the language of W. Va.Code 15-5-11(a) (2006) (Repl.Vol.2009) 1 contemplates...
DAVIS, Justice: Two appeals have been consolidated for decision in this matter. In these consolidated appeals, Credit Acceptance Corp., petitioner (hereinafter "Credit Acceptance"), appeals orders issued by the Circuit Court of Raleigh County in each case that denied Credit Acceptance's motion to compel arbitration. 1 Credit Acceptance contends that, in both of these cases, the circuit courts erred by concluding that the arbitration agreements were unconscionable based upon the unavailability...
DAVIS, Justice: The petitioners herein, Lisbeth L. Cherrington (hereinafter "Ms. Cherrington"); 1 The Pinnacle Group, Inc. (hereinafter "Pinnacle"); and Anthony Mamone, Jr. (hereinafter "Mr. Mamone"), 2 appeal from an order entered December 6, 2011, by the Circuit Court of Greenbrier County. By that order, the circuit court awarded summary judgment to the respondent herein, Erie Insurance Property and Casualty Company (hereinafter "Erie"), 3 finding that the three policies of insurance...
PER CURIAM: This proceeding was brought under the original jurisdiction of this Court by Tobby Lynn Small, the petitioner herein and defendant below, seeking a writ of prohibition to prevent enforcement of an order of the Circuit Court of Monongalia County. The circuit court's order precluded Mr. Small from raising a compulsory counterclaim defense against the respondents herein and plaintiffs below, James R. and Virginia E. Ramsey. Here, Mr. Small argues that the circuit court improperly...
DAVIS, Justice: This matter involves two consolidated petitions for writs of prohibition filed under the original jurisdiction of this Court. The petition filed in Case No. 13-0086 was brought by the defendants in seven consolidated cases pending before the Circuit Court of Mason County; 1 and the petition in Case No. 13-0102 was filed by GlaxoSmithKline, a defendant below, from a case pending before the Circuit Court of Wayne County. 2 The Petitioners seek a writ of prohibition to prevent...
DAVIS, Justice: In these two consolidated cases, Hartford Fire Insurance Co. (hereinafter "Hartford") appeals from two separate summary judgment orders entered against it in two separate cases. Each case involved a bond for which Hartford was the surety. The principals under the bonds, a mortgage lender and a mortgage broker, are both now defunct. Each bond principal was sued and failed to file a response to the complaint filed against it, which resulted in the entry of default judgments in...
JUSTICE LOUGHRY delivered the Opinion of the Court. LOUGHRY, Justice. The Circuit Court of Monongalia County has certified six questions to this Court relating to the Uniform Common Interest Ownership Act (hereinafter "the Act") codified in Chapter 36B of the West Virginia Code. The Act "governs the formation, management, and termination of a common interest community, whether the community is a condominium, planned community, or real estate cooperative." Foster v. Orchard Dev. Co., LLC,...
DAVIS, Justice: This is an appeal by Michael J. McGill (hereinafter "Mr. McGill") from an order of the Circuit Court of Marshall County resentencing him to one year incarceration upon a conviction of simple battery. 1 In this appeal, Mr. McGill contends that the trial court committed reversible error by admitting his medical records into evidence during his trial. After a careful review of the briefs and record submitted on appeal, and listening to the arguments of the parties, we affirm. 2...
DAVIS, Justice: The petitioners herein, Verizon West Virginia, Inc., and various of its employees (hereinafter collectively "Verizon"), 1 request this Court to issue a writ of prohibition to prevent the Circuit Court of Harrison County from enforcing its August 24, 2012, and October 1, 2012, orders. By the August order, the circuit court permitted Steptoe & Johnson PLLC (hereinafter "Steptoe"), counsel for the individual respondents herein, 2 to continue in its representation of the...
PER CURIAM: This is an appeal by Verizon Services Corporation (hereinafter "Verizon") from a September 19, 2011, order of the Circuit Court of Kanawha County reversing the Board of Review of Workforce West Virginia (hereinafter "Board of Review") and finding that the respondent, former Verizon employee Mrs. Loretta K. Epling (hereinafter "Mrs. Epling"), is entitled to unemployment compensation benefits. Verizon appeals the decision of the circuit court, contending that the circumstances of Mrs....
