This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou... More...    $0 (05-11-2018 - WV)

The instant action is before this Court upon the appeal of Edgar L. Bonner and Hazel Bonner [“Appellantsâ€�] from a December 16, 2009, order of the Circuit Court of Tyler County, West Virginia, which found that the property which is the subject of this appeal [“the propertyâ€�] is not susceptible to partition and which accordingly ordered a sale of the property at public auction. The Bonners a... More...    $0 (05-02-2011 - WV)

This case is before this Court upon an appeal from a final order of the Circuit Court of Wyoming County, West Virginia, granting a motion to dismiss filed by the Appellee and Defendant below, the West Virginia Department of Transportation, Division of Highways (hereinafter called “DOHâ€�). In that Order, the circuit court concluded that the DOH is entitled to sovereign immunity in this case bec... More...    $0 (11-04-2009 - WV)

Petitioners, River Riders, Inc. and Matthew Knott, seek a writ of prohibition to vacate three pre-trial orders of the Circuit Court of Jefferson County that (1) excluded from the forthcoming trial the Release and Assumption of Risk Agreements that had been signed by fourteen plaintiffs prior to embarking on a whitewater rafting expedition provided by the Petitioners; (2) ruled that the rafting in... More...    $0 (12-10-2008 - WV)

This appeal involves a dispute between two insurance companies, with each company claiming that the insurance provided by its policy was "excess" to the other insurance and that its coverage therefore was not triggered until the limits of the other company's policy were exhausted. The district court granted summary judgment in favor of Horace Mann Insurance Company, concluding that its p... More...    $0 (01-24-2008 - WV)

This case is before us on certified questions and presents the issue of whether, upon the destruction of the real property included in a life estate, a remainderman is entitled to the proceeds from a fire insurance policy that the life tenant applied for and purchased. Upon our careful consideration of this issue, we determine that under well-established principles of contract law a remainderma... More...    $0 (04-20-2007 - WV)

This appeal presents the question of whether, under West Virginia law, an adjudicated joint tortfeasor is barred from seeking contribution in a separate civil action from a fellow joint tortfeasor, when: (1) the adjudicated joint tortfeasor had originally filed a cross claim for contribution against the alleged joint tortfeasor in the underlying tort action; (2) the adjudicated joint tortf... More...    $0 (10-20-2003 - WV)

This case is a consolidation of several lawsuits filed by numerous plaintiffs who used Rezulin, an oral drug that was approved by the U.S. Food and Drug Administration ("FDA") in January 1997 to treat Type II (adult onset) diabetes. Rezulin is a trade name for the drug troglitazone. The defendants in the underlying action, and appellees and respondents before this Court, are Warner-Lambert Comp... More...    $0 (07-11-2003 - WV)

Defendant, CSX Transportation, Inc. ("CSXT"), a subsidiary of CSX Corporation, appeals from the district court's judgment order and accompanying findings of fact and conclusions of law enforcing a previous settlement agreement between CSXT and plaintiff, Wil- liams Transport ("Williams"). CSXT also appeals the district court's award of attorneys' fees to Williams. Williams cross-appeals the d... More...    $140000 (07-01-2002 - WV)

Plaintiffs filed this action in 1993 in the Circuit Court of Ohio County, West Virginia pursuant to the West Virginia Declaratory Judgment Act, W. Va. Code § 55-13-1, et seq. Plaintiffs asked the Circuit Court of Ohio County to declare whether various defendant insurance companies 1 are required to defend and indemnify plaintiffs for certain environmental liabilities arising from plaintiffs&#... More...    $0 (09-27-2001 - WV)