As recounted in our prior opinion in these Black Lung Benefits Act proceedings, see Sharpe v. Dir., OWCP, 495 F.3d 125 (4th Cir. 2007) ("Sharpe I"), coal miner William A. Sharpe was awarded total disability benefits in 1993, and received those benefits until he died in 2000. A week after Mr. Sharpe’s death, his widow, Mae Ann Sharpe, made a claim for survivor’s benefits. Within two months of M... More...    $0 (08-21-2012 - WV)

This matter is before the Court upon an appeal taken by the Appellant Carroll Eugene Humphries from an Order entered December 18, 2009, by the Circuit Court of Putnam County, West Virginia, granting the Appellee Paul S. Detch’s motion to dismiss pursuant to West Virginia Rule of Civil Procedure 12(b)(6). The Appellant argues that the circuit court erred: 1) in dismissing the action by determinin... More...    $0 (06-22-2011 - WV)

In the three cases now before the Court, we are asked to examine two areas of the law which – surprisingly – we have never directly and comprehensively addressed. The first area of the law we consider involves Section 2 of the Federal Arbitration Act (“the FAAâ€�).1 We are asked to consider its preemptive effect on West Virginia’s nursing home laws. These cases involve arbitration clauses ... More...    $0 (06-29-2011 - WV)

This case comes before us on appeal for essentially a third time.1 The current appeal is by the plaintiffs below, Farouk Abadir, Hosny Gabriel, Ricardo Ramos, Alfredo Rivas, Michael Vega and Huntington Anesthesia Group, Inc. (“Appellantsâ€�) from a November 19, 2009, order of the Circuit Court of Cabell County granting a motion to dismiss filed by the defendants below, Mark Dellinger and the law... More...    $0 (05-02-2011 - WV)

The instant action is before this Court upon the appeal of Charles and Kathryn Beahm, Randy and Kathy Johnson, and the Jefferson City Council on Aging [hereinafter “Appellantsâ€�] from a January 4, 2007, order granting defendants', 7-Eleven, Inc. and Melissa Spinks [hereinafter “Appelleesâ€�], Motion for Summary Judgment. On appeal, the Appellants allege that errors were committed by the circu... More...    $0 (09-26-2008 - WV)

I concur in the majority opinion's determination that the doctrine of judicial estoppel precluded the Appellants from changing their theory of liability after the jury returned its verdict. I have chosen to write separately to discuss the issue of whether or not the cause of action filed against WVUH could have been brought outside the MPLA, (See footnote 1) and to respond to the flawed arg... More...    $0 (01-14-2008 - WV)

Appellants Allison J. Riggs and Jack E. Riggs, M.D. argue herein that the Circuit Court of Monongalia County erred by reducing a jury verdict awarding non- economic damages in the amount of $10,000,000 to $1,000,000 pursuant to the provisions of W. Va. Code § 55-7B-8 (1986). (See footnote 1) According to Appellants, the non-economic damages cap contained in Section 8 of the Medical Profess... More...    $0 (11-24-2007 - WV)

Appellants American Reliable Insurance Company, American Bankers Insurance Company of Florida, and Campbell Insurance Services, Inc. (collectively "Appellants"), appeal the district court's dismissal of their petition to compel arbitration of claims asserted against them in West Virginia state court by Appellees Robert and Helen Stillwell. See American Reliable Ins. Co. v. Stillwell, 212 F... More...    $0 (07-16-2003 - WV)

In this appeal from the Circuit Court of Ohio County, the appellant challenges a circuit court order granting summary judgment. The appellant, on behalf of the estate of Leah Brown, had sued Mrs. Brown's employer, the City of Wheeling. Mrs. Brown and a co- worker were returning from an out-of-town work-related training session when Mrs. Brown died in a one-vehicle automobile accident. Mrs.... More...    $0 (08-02-2002 - WV)

On December 4, 1998, Lee was severely injured on the premises
of the Gentleman's Club, Inc., d/b/a Silk Stockings (the Club). On
December 17, 1998, counsel for Lee attempted to send a certified let-ter
to Jeffrey Stamm, president and chief operating officer of the
Club, to inform the Club that Lee had retained counsel. The letter was
returned on January 9, 1999, marked as "uncl... More...    $0 (11-26-2002 - WV)

Jerry A. Berardi (hereinafter referred to as "Mr. Berardi"), Betty J. Berardi, and Bentley Corporation, plaintiffs below/appellants (hereinafter collectively referred to as "the Berardis"), seek reversal of a summary judgment granted to Meadowbrook Mall Company, an Ohio Limited Partnership, and the Cafaro Company (hereinafter referred to as "Cafaro Company"), an Ohio Corporation, defendants below/... More...    $0 (11-07-2002 - WV)