What will the Justices think of the $90,000,000 nursing home abuse verdict in Kanawha County? Challenges to the size of the verdict, the punitive damages and the verdict form have been made by the defendant below, ManorCare.

Do W.Va. Code §§ 46A-1-101, et seq. and 46A-6B-1, et seq. require an automobile insurer and/or the automotive repair shop it selects to repair a damaged vehicle to notify and obtain consent from the vehicle’s owner to repair the vehicle using recycled automotive parts?

In 2005, the West Virginia Legislature barred any third-party claimant from suing for bad faith insurance practices. W.Va. Code 33-11-4a. The issue here is whether conduct occurring after 2005 is discoverable and admissible in a third-party bad faith claim that was filed before the 2005 legislation became effective.

The question presented is whether the trial court committed clear legal error in refusing to dismiss the plaintiff’s complaint under 56-1-1a (i.e. forum non conveniens) and refusing to grant a stay under W.Va. Code 56-6-10 (i.e., the law governing stays where other, related issues are being litigated in other legal proceedings).