No. 34702 (DAVIS, J.)(September 24, 2009). Granting mixed relief from an order of the Circuit Court of Raleigh County that granted partial summary judgment in favor of Virginia Insurance Reciprocal and dismissed claims against the remaining appellees. Reviewing the plain

No. 34863 (DAVIS, J.)(Benjamin, J., concurring)(Ketchum, J., concurring)(September 24, 2009). In three consolidated cases arising from the Circuit Courts of Brooke, Hancock and Cabell Counties, addressing the proper method of assessing the value for purposes of ad valorem taxation of

No. 34583 (KETCHUM, J.)(September 24, 2009). Reversing an order of the Circuit Court of Jefferson County that granted summary judgment in favor of a group that challenged the adoption of amendments to the county zoning ordinance that lowered the permitted

No. 34497 (Per Curiam)(September 24, 2009). Affirming an order of the Circuit Court of Harrison County that denied a motion to alter or amend judgment and a motion for new trial in a property dispute. Holding that the trial court

LAWYER DISCIPLINARY BOARD v. MARK A. BLEVINS, No. 33281 (Per Curiam)(Starcher, J., concurring)(September 26, 2008). Imposing harsher discipline than recommended by the Hearing Panel Subcommittee, after concluding that "the magnitude of respondent Blevins' actions, which included, at a minimum, recklessly

EASTHAM v. CITY of HUNTINGTON, No. 33807 (Per Curiam)(Benjamin, J., concurring)(McHugh, S.S.J., not participating)(Sept. 30, 2008). Reversing an order of the Circuit Court of Cabell County. Holding that a city ordinance requiring city employees to be residents of the city

WEST VIRGINIA PUBLIC RETIREMENT BOARD v. JERRY ALLEN WEAVER, No. 33864 (DAVIS, J.)(October 10, 2008). Affirming an order of the Circuit Court of Kanawha County that held a public retiree had forfeited retirement benefits because the employee had rendered "less

DAVIS MEMORIAL HOSPITAL v. WEST VIRGINIA STATE TAX COMM'R, No. 33862 (DAVIS, J.)(McHugh, S.S.J., disqualified)(Hutchison, J., by temporary assignment)(October 14, 2008). Affirming an order of the Circuit Court of Randolph County that affirmed an administrative denial of a claim for

BEAHM, et al. v. 7-ELEVEN, INC. and MELISSA SPINKS, No. 33833 (Per Curiam)(Starcher, J., dissenting)(McHugh, S.S.J., not participating)(September 26, 2008). Affirming an order of the Circuit Court of Jefferson County that granted summary judgment to defendants in an action related

SAVARESE v. ALLSTATE INSURANCE CO., et al., No. 33443 (BENJAMIN, J.)(Starcher, J., dissenting)(McHugh, S.S.J., not participating)(September 26, 2008). Affirming an order of the Circuit Court of Ohio County that dismissed a first-party bad faith action, pursuant to W.Va. Code 56-1-1(c),

IN RE: SAMANTHA S. AND HOPE S., No. 33713 (Per Curiam)(Sept. 26, 2008). Granting mixed relief from an order of the Circuit Court of Mingo County that terminated parental rights and awarded physical custody to the paternal grandparents. Holding that

Summaries of the first seven opinions issued in the September 2008 term of court were posted today. One opinion, Savarese v. Allstate, resolved a case that was argued in the January term of court. Unless otherwise stated, in all opinions

On October 9, 2008, the Court approved four rule changes related to mass litigation that become effective immediately. Those changes are:Amendments to Trial Court Rule 26: These amendments relate to the Mass Litigation Panel, referral of cases, and conduct of

STATE v. OWEN HAWK, III, No. 33435 (Per Curiam)(April 7, 2008). Affirming conviction for the offense of fleeing from an officer while under the influence of alcohol, obtained following jury trial in the Circuit Court of Roane County. Holding that

STATE v. JAMES LEE BROOKS, III, No. 33662 (ALBRIGHT, J.)(Starcher, J., concurring in part and dissenting in part)(May 23, 2008). Affirming jury convictions arising from the Circuit Court on Monongalia for the offenses of conspiracy to commit first-degree robbery, malicious

STATE EX REL. NATIONWIDE MUTUAL INS. CO., et al. v. KAUFMAN, et al., No. 33652 (DAVIS, J.)(JANUARY 25, 2008). Denying a writ of prohibition sought to prevent enforcement of an order of the Circuit Court of Kanawha County that required

STATE EX REL. TUCKER COUNTY SOLID WASTE AUTHORITY v. WEST VIRGINIA DIVISION OF LABOR, et al., No. 33809 (DAVIS, J.)(Starcher, J., and Albright, J., dissenting)(June 26, 2008). Granting a writ of prohibition to prevent the Department of Labor from continuing

MAY v. BOARD OF REVIEW, WEST VIRGINIA BUREAU OF EMPLOYMENT PROGRAMS, et al., No. 33703 (Per Curiam)(Maynard, C.J., disqualified)(June 17, 2008). Reversing an order of the Circuit Court of Kanawha County that affirmed an administrative decision denying unemployment compensation. Holding

GARY ALLEN GIBSON v. McBRIDE, No. 33321 (Per Curiam)(Benjamin, J., dissenting)(June 12, 2008). Affirming an order of the Circuit Court of Cabell County that granted habeas corpus relief and set aside a conviction for conspiracy to commit a murder that

MESSER v. HANNAH, No. 33655 (BENJAMIN, J.)(Starcher, J., and Albright, J., dissenting)(June 26, 2008). Reversing an order of the Circuit Court of Mingo County that affirmed a decision by the Mingo County Civil Service Commission for Deputy Sheriffs that reinstated