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Boone/Lincoln Circuit Judge Appointed U.S. Attorney

Boone/Lincoln Circuit Judge Appointed U.S. Attorney
wvrecord.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from wvrecord.com Daily Mail and Mail on Sunday newspapers.

United-states , Boone-county , West-virginia , Lick-creek , Danville , Virginia , Scott-high-school , Ohio , American , Justice-evan-jenkins , Google-re , Justice-john-hutchison

State Supreme Court refuses writ request from church in switched at birth case

Jackie Lee Spencer (left) and John Carr III | Courtesy photo
CHARLESTON – The state Supreme Court has refused a request for a writ of mandamus by the Diocese in the case in which two 78-year-old men who say they were switched at birth by staff at a Catholic hospital.
The court issued its order June 14 after the Diocese of Wheeling-Charleston had petitioned the court. The vote was 3-2. Chief Justice Evan Jenkins and Justice Tim Armstead voted in the minority, saying they would issue a rule to show cause.
Following the Supreme Court order, Monongalia Circuit Judge Phillip Gaujot issued a scheduling order July 20 that lists deadlines for attorneys, including a pretrial conference scheduled for April 12, 2022.

Wheeling , West-virginia , United-states , Morgantown , Tallmansville , Spotsylvania , Virginia , Webster-county , Upshur-county , Jack-spencer , Phillip-gaujot , Kaiser-altmeyer

Supreme Court says a lower court exceeded its powers in healthcare billing case

CHARLESTON — The West Virginia Supreme Court of Appeals ruled that a lower court exceeded its powers when it granted a motion to compel discovery.
Logan Circuit Court granted a motion to compel discovery, ordering Health Care Alliance Inc. and HCFS Health Care Financial Services to provide the names and addresses of all individuals with a West Virginia billing address who received communications from Health Care Financial Services between June 2016 and the time Kelsey Starr filed her complaint and account information regarding the individuals who received these particular communications.
"Further, Petitioner was ordered to provide this information 'in searchable format,'" the June 15 Supreme Court opinion states. "The circuit court further ordered that such responses 'shall not be disclosed by [Respondent Starr], or [Respondent Starr’s] counsel, outside the scope of this litigation, and [Respondent Starr] shall return or destroy the protected health information at the end of the litigation or proceeding.'”

Virginia , United-states , West-virginia , Google-re , Justice-john-hutchison , Justice-tim-armstead , Kelsey-starr , Logan-circuit-court , Supreme-court , Virginia-supreme-court , Health-care-alliance-inc , Logan-circuit-court-on

Supreme Court partially grants writ by opioid companies regarding state cases

Supreme Court partially grants writ by opioid companies regarding state cases
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Virginia , United-states , City-of-huntington , West-virginia , Cabell-county , Justice-evan-jenkins , Google-re , David-faber , Justice-john-hutchison , Justice-tim-armstead , Justice-beth-walker , Supreme-court

WVa Bar Foundation Fellows being honored this month

WVa Bar Foundation Fellows being honored this month
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Berkeley , California , United-states , Michaeld-lorensen , Gloria-stephens , Justice-tim-armstead , Morgan , Tim-armstead , Circuit-judge-michael , Raleigh-county , பெர்க்லி , கலிஃபோர்னியா

WEST VIRGINIA SUPREME COURT OF APPEALS: Justices to Present Virtual CLE for Monongalia Bar Association

WEST VIRGINIA SUPREME COURT OF APPEALS: Justices to Present Virtual CLE for Monongalia Bar Association
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Virginia , United-states , Monongalia-county , West-virginia , Justice-evan-jenkins , Justice-john-hutchison , Justice-tim-armstead , Justice-beth-walker , Supreme-court , Virginia-supreme-court , Monongalia-county-bar-association , Supreme-court-justices

Supreme Court says circuit court was not wrong in siding with defendants in party wall case

CHARLESTON — The West Virginia Supreme Court of Appeals affirmed a circuit court judgment involving a party wall agreement between party owners.
This appeal concerns a party wall agreement between adjoining property owners in Beckley — Sarah L. Bitchfield, who owns a commercial building that shares a party wall with the adjacent property owned or formerly owned by Zen’s Development LLC, Uptown Properties LLC and Kenneth McBride Jr.
"Petitioner’s lawsuit against these three Respondents included claims for negligence and breach of the party wall agreement," the opinion states. "The circuit court granted summary judgment to all three Respondents on the breach of the party wall agreement claim, and it granted summary judgment to Respondent Uptown and Respondent McBride on Petitioner’s negligence claim."

Virginia , United-states , West-virginia , Kenneth-mcbride-jr , Google-re , Thomas-ewing , Justice-john-hutchison , Sarahl-bitchfield , Justice-tim-armstead , Uptown-properties , Zen-development , Supreme-court

West Virginia justices evaluate whether first charter school should have gotten go-ahead

West Virginia justices evaluate whether first charter school should have gotten go-ahead
By
May 4, 2021 - 2:52 pm
WV Supreme Court, left to right, Justice Beth Walker, Justice John Hutchison, Chief Justice Evan Jenkins, Justice Bill Wooton and Justice Tim Armstead (J. Alex Wilson - Supreme Court of Appeals of West Virginia)
West Virginia Supreme Court justices are deciding whether the state’s first charter school application should have been approved by default, whether it fell through cracks in the newly-established process and if there would even be enough time now to get the school up and running for next fall.
Justices heard oral arguments this morning in a lawsuit challenging the rejection of the state’s first charter school applicant, West Virginia Academy, which last year proposed a new school serving Monongalia and Preston counties.

Virginia , United-states , Virginia-academy , Preston-county , West-virginia , Monongalia-county , Justice-evan-jenkins , Justice-john-hutchison , Jacob-manning , Kelli-talbott , Justice-tim-armstead , Justice-beth-walker

Justices affirm ruling, say state employees aren't owed money from payroll switch

CHARLESTON — The state Supreme Court has ruled a senior status circuit judge was correct in granting summary judgment to the state by rejecting an appeal from five state employees who claimed they were shortchanged by a payroll cycle change.
On April 20, the justices affirmed the ruling made last year by Judge Thomas Evans, who sided with the state and said the employees are not owed any pay. The employees had argued that the switch of pay cycles from twice a month to every two weeks left them missing some of their salaries.
“We fought hard for West Virginia state workers’ wages,” Teresa Toriseva, one of the attorneys representing the employees, told

West-virginia , United-states , Kanawha-county , Virginia , State-of-west-virginia , Sacco-mccoid , G-patrick-jacobs , Annaf-ballard , Bailey-wyant , Mac-warner , Charleston-justice , Robert-mccoid

Supreme Court says lower court was right to refuse attorneys fees to either party

Supreme Court says lower court was right to refuse attorneys fees to either party
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Virginia , United-states , West-virginia , Google-re , Michaeld-harlow , Justice-tim-armstead , Supreme-court , Virginia-supreme-court , Nicholas-circuit-court , West-virginia-supreme-court , Tim-armstead , Eastern-electric