WV SUPREME COURT UPHOLDS RULING IN FAVOR OF DALTON WOOD
February 26, 2015
Contact: Carrie Scanlon
Wheelhouse Creative
t: 304.905.6005
c: 304.830.1498
carrie@wheelhousecreativellc.com
FOR IMMEDIATE RELEASE:
WV SUPREME COURT UPHOLDS RULING IN FAVOR OF DALTON WOOD
Charleston --- The West Virginia Supreme Court of Appeals issued its opinion today, delivered by Justice Menis Ketchum, finding that the West Virginia Secondary Schools Athletic Commission (SSAC) rule prohibiting a review of ejections from athletic contests violates the legislative requirement that the SSAC provide a proper review procedure.
The ruling rejects the SSAC’s application to the Court for a writ of prohibition, and thus upheld the decision by 2nd Judicial Circuit Chief Judge David Hummel in September that the SSAC non-review rule did not comply with the state statute.
The Supreme Court makes clear in its ruling today that if the SSAC rules are properly within the authority granted to it by the legislature, courts do not review them and must stay out of the SSAC’s internal affairs. However, as in this case, circuit courts do have judicial review to the extent the SSAC exceeds its statutory or its constitutional authority.
This ruling comes as a result of a case filed by the law firm of Bordas and Bordas on behalf of Cameron High School football player, Dalton Wood, his mother, and sister and was brought before the Honorable Judge David W. Hummel, Jr. for hearing after Wood was ejected from a high school football contest on September 19 which resulted in immediate suspension.
After lengthy arguments by both sides, the Circuit Court ruled in favor of Dalton Wood, his mother, and his sister, and granted the preliminary injunction that resulted in this petition to the Supreme Court by the SSAC.
Jamie Bordas, managing partner of Bordas & Bordas, said that he believes this opinion will force the SSAC to fall in line with other states that have functioning and reasonable review procedures.
“We are pleased that the West Virginia Supreme Court released an opinion this afternoon in our case challenging the SSAC's failure to have an appropriate review mechanism in place for player ejections in high school athletic contests,” Bordas said. “The Court held that the SSAC cannot simply ignore the West Virginia legislature when it says that the SSAC shall contain a provision for a proper review procedure.”
Bordas said the firm was pleased to be able to represent Wood and help other student-athletes in the state.
“We are so happy that we were able to Fight for Justice for children who are student-athletes throughout the state of West Virginia in obtaining this ruling,” he said. “Often times doing work at no charge is the most rewarding kind.”
Bordas & Bordas is a plaintiff’s litigation law firm consisting of 18 attorneys and more than 30 support staff that has offices in Wheeling and Moundsville, WV, St. Clairsville, OH and Pittsburgh, PA and practices throughout the region in diverse areas of law. For more information, please contact Carrie Scanlon, 304.905.6005, visit bordaslaw.com, or connect with us via social media.
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