We are proud to announce the launch of the West Virginia Supreme Court Blog, a website unaffiliated with the Court itself, but devoted to providing timely and informative resources relating to the work of our state’s highest court. Not only...
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The plaintiffs in this mass-tort case prevailed on multiple issues of construction of the West Virginia Rules of Civil Procedure. The defendants' effort to split a mass case into separate cases by families in order to facilitate removal to federal court failed.
This week the Court has a conference on Thursday, May 29th. Oral Arguments are complete for the term, so a number of outstanding opinions should be coming out in the next thirty days.
Under W.Va. Code 61-11-25, expungement of a criminal record may be granted if the trial court finds “that there are no current charges or proceedings pending relating to the matter for which expungement is sought.” The issue here is whether “proceeding” includes an administrative grievance proceeding.
I awoke this past Friday morning to a Facebook post by a former colleague from my time at the West Virginia Supreme Court of Appeals and was deeply saddened to learn of the passing of Justice Elliott "Spike" Maynard. That...
Did the trial court exceed its legitimate powers by erroneously ruling that the instant action may proceed to trial and by denying the Bridgeport Defendants the statutory immunity they are entitled to under W. Va. Code § 29-12A-5 of the West Virginia Governmental Tort Claims and Insurance Reform Act?
Are claims arising out of an extramarital affair precluded under W.Va. Code 56-3-2a even though, strictly speaking, they are not pled as claims for alienation of affection?