State Ex Rel Johnson & Freedman, LLC, et al. v. Hon. Warren R. McGraw, Judge and Nadine Rice,
Case Number: 19-0772
The petitioners seek a writ of prohibition prohibiting the enforcement of the circuit court’s order denying their motion to dismiss for failure to prosecute a claim made under Rule 41(b) of the West Virginia Rules of Civil Procedure.
In this water extension service dispute, Petitioner requests the court set aside the Public Service Commission's decision and remand for further review, citing Project Scope changes and restricted ability for inquiry into "scope of the project" changes.
Petitioners appeal the circuit court’s denial of their motion to compel arbitration. Petitioners argue that the court erred in finding that a merger clause in a retail sales installment contract between respondents and a non-party negated or amended an arbitration agreement between the respondents and Petitioner TD Auto Finance. Further,...
Patrick Morrisey, Attorney General v. WV AFL-CIO, et al.,
Case Number: 19-0298
This case was initiated as a challenge to the legality of Senate Bill I-known as the "Workplace Freedom Act," or colloquially West Virginia's "right to work" law-which was enacted during the Regular Legislative Session in 2016. Respondents are a collection of labor unions and associated individuals who raised various constitutional...
State Ex Rel David Tackett v. the Honorable Darl W. Poling, Judge,
Case Number: 18-0882
Petitioner seeks a Writ of Mandamus, in the form of an Order, directing the Raleigh County Circuit Court to produce and transmit requested documents. Justice Hutchison disqualified. Judge Farrell sitting by assignment.
TD Auto Finance LLC, et al. v. Freddie and Shelby Reynolds
Case Number: 18-0605
Petitioners appeal the circuit court’s denial of their motion to compel arbitration. Petitioners argue that the court erred in finding that a merger clause in a retail sales installment contract between respondents and a non-party negated or amended an arbitration agreement between the respondents and Petitioner TD Auto Finance. Further,...
Petitioner appeals the circuit court’s dismissal of his petition for a writ of mandamus. Petitioner sought additional compensation from the State Auditor for the contract-based legal services he provided to the Auditor.
WV Dept. of Transportation v. Lawrence and Michael Pifer
Case Number: 18-0517
The DOH appeals the denial of its motion for a new trial and to amend or alter the judgment following a jury trial in a condemnation proceeding. The jury found that respondents were entitled to damages in the amount of $175,165 for condemnation blight. The DOH argues that the circuit...
State ex rel. John D. Perdue, State Treasurer v. John B. McCuskey, State Auditor,
Case Number: 19-0532
This case arises out of a conflict between how senior status judges' salaries are set in WV Code § 51-9-10 and a subsequent Administrative Order by then-Chief Justice Loughry which contradicts that code. Peitioner, seeks a writ of prohibition to prohibit State Auditor from issuing warrants for payments of compensation...
