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Woelfel takes oath to become Cabell County circuit clerk


West Virginia Supreme Court justices recognize Cabell County Magistrate Judge Michael J. Woelfel for his outstanding service before he is sworn in as the new Cabell County Circuit Court clerk on Wednesday, July 14, 2021, at the Cabell County Courthouse in downtown Huntington.
Sholten Singer | The Herald-Dispatch

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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.'”

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Supreme Court partially grants writ by opioid companies regarding state cases

Supreme Court partially grants writ by opioid companies regarding state cases
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.

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WVa Bar Foundation Fellows being honored this month

WVa Bar Foundation Fellows being honored this month
sfgate.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from sfgate.com Daily Mail and Mail on Sunday newspapers.

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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."

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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

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Senate Republicans Do About-Face On Food Tax


Senate Republicans Do About-Face On Food Tax
By
April 2, 2021 - 12:46 am
Senate Republicans may hear the voice of former House Speaker Tim Armstead echoing in the halls of the Capitol.
The one-time Republican leader and now state Supreme Court Justice was a persistent advocate for eliminating the sales tax on food. He called the tax on groceries “immoral.”
Republicans were in the minority during most of Armstead’s tenure, so it took the majority Democrats to finally get behind the movement to phase out the six percent tax imposed by Governor Gaston Caperton and the Democrats in 1989.
The last bit of the tax came off the books July 1, 2013.  At the time, Armstead said, “For the first time in 24 years, our citizens can put food on their tables without paying this truly immoral food tax.”

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Justice sees flaws in Senate tax plan, and he wishes somebody had looped him in


Justice sees flaws in Senate tax plan, and he wishes somebody had looped him in
By
Gov. Jim Justice
Gov. Jim Justice says he likes some aspects of a new Senate tax plan and really dislikes several others: fewer business groups “pulling the rope,” the loss of rebate checks for lower-income residents and reinstitution of the food tax.
And the governor wishes someone had taken just a couple minutes to call him about the plan.
“I’m disappointed beyond belief that nobody ever consulted with me after I’ve done everything over and over and over with the leadership of both the House and Senate, keeping them abreast of where I was going on every turn and asked for their input in any way,” he said, describing the process for the tax plan he has been pushing.

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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
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.

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Justices hear arguments regarding alleged state employee wage payment shortfalls


CHARLESTON – The state Supreme Court will decide whether to remand a case involving state employees who claim they were shortchanged when the state switched from twice monthly to biweekly pay.
The petition was heard March 16. The petitioners – Lisa Wilkinson, Heather Morris, Kathryn A. Bradley, Pamela Stumpf and Lula V. Dickerson – are five state employees. But the case could affect up to 40,000 public employees. The respondents are Gov. Jim Justice, Auditor John B. McCuskey, former Treasurer John Perdue, Secretary of State Mac Warner, Attorney General Patrick Morrisey and state Supreme Court Chief Justice Evan Jenkins.
During the March 16 oral arguments, attorney Mike Ranson presented the case for the petitioners. He argued that the employee simply were not fully paid in the 2017 calendar year because of the state’s switch from twice monthly pay to biweekly. Bryan R. Cokeley presented the case for the respondents, who say the petitioners have identified no conduct that violates a clearly established law and, therefore, the state entities are entitled to qualified immunity.

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