Justia West Virginia Supreme Court of Appeals Opinion Summaries

After a jury trial, Defendant was convicted of murder in the first degree and sentenced to the penitentiary for a life term, without the possibility of parole. Defendant subsequently filed a motion for a judgment of acquittal or, in the alternative, for a new trial. The circuit court denied Defendant’s motion and reaffirmed that ruling in a final order. The Supreme Court affirmed Defendant’s conviction and sentence and the circuit court’s final order, holding (1) the circuit court did not abuse its discretion in refusing to give an instruction on voluntary manslaughter; and (2) the circuit court’s denial of Defendant’s motion for a change of venue was within the court’s discretion. View "State v. Skeens" on Justia Law

This case had its origins in a property damage action brought by Jason and Gina Corrick against B&B Transit, Inc. B&B Transit filed a notice and coverage claim with its insurer, Montpelier US Insurance Company. Montpelier eventually settled the case against B&B Transit. While the Corricks’ complaint was still pending, Respondents, including B&B Transit, filed a first-party bad faith claim against Petitioners, including Montpelier and its national coverage counsel, Charlston, Revich & Wollitz (“CRW”). Respondents subsequently served discovery requests on Petitioners. After CRW opposed disclosure of certain requested documents, Respondents filed a motion to compel disclosure of the documents. The circuit court entered an order requiring CRW to disclose certain documents. Petitioners sought a writ of prohibition to prevent enforcement of the circuit court’s discovery order. The Supreme Court granted the writ of prohibition as moulded, concluding that part of the circuit court’s order permitting discovery of documents sought by Respondents was prohibited from enforcement because the documents were protected under the attorney-client privilege. View "State ex rel. Montpelier US Ins. Co. v. Hon. Bloom" on Justia Law

Jeffrey Boyd was driving a City of Parkersburg fire truck through an intersection with his lights and sirens activated during a red light when Michael Gray’s vehicle proceeded into the intersection. The fire truck struck Petitioner’s vehicle in the rear passenger side. Gray filed an action against the City and Boyd (together, Respondents), alleging negligent operation of the fire truck by Boyd. The circuit court granted summary judgment in favor of Respondents. The Supreme Court reversed, holding that genuine issues of material fact existed, rendering the circuit court’s entry of summary judgment erroneous. View "Gray v. Boyd" on Justia Law

The Hegyi Trust filed an action against Dean and Martha Lowe involving certain real property. The Lowes filed a counterclaim against the Trust and a third-party complaint against Joseph and Joyce Richards, seeking to obtain property situated on the border of West Virginia and Virginia. The circuit court dismissed the Lowes’ counterclaim and third-party complaint, concluding (1) the court lacked subject matter jurisdiction over the Lowes’ claims because they involved a determination of a boundary line between West Virginia and Virginia, and (2) the Lowes failed to join indispensable parties to the litigation - the States of West Virginia and Virginia. The Supreme Court reversed, holding (1) the circuit courts of West Virginia have subject matter jurisdiction to resolve interstate boundary line disputes between private litigants involving the issue of whether real property is located within West Virginia or another state; and (2) the circuit court erred in determining that West Virginia and Virginia were indispensable parties because the rights of neither state would be impaired or impeded by the circuit court’s decision on the merits of the Lowes’ claims. View "Lowe v. Richards" on Justia Law

Respondents were five employees of the State covered by the Public Employees Retirement System who actively served in the United States military during several recognized periods of armed conflict and were honorably discharged from the military. Respondents sought military service credit available through W. Va. Code 5-10-15 based on their military service. The West Virginia Consolidated Public Retirement Board denied Respondents’ requests for military service credit for service occurring periods of armed conflict other than limited exceptions. On appeal, the circuit court ruled in favor of Respondents and granted each of their military service credit requests in full. The Supreme Court affirmed, holding that the circuit court did not err in holding that Respondents were entitled to the military service credit they sought. View "W. Va. Consolidated Pub. Ret. Bd. v. Wood" on Justia Law

Plaintiffs filed tort claims against Mine Safety Appliances Company (“MSA”). Plaintiffs settled with MSA under settlement agreements that assigned to Plaintiffs the right to recover the remainder of the settlement amount under an insurance policy that North River Insurance Company sold to MSA. MSA then amended their complaints to add claims against North River, and MSA filed cross-claims against North River. In the meantime, earlier-filed litigation between North River and MSA was pending in Pennsylvania and Delaware. North River filed a motion to dismiss or, in the alternative, motion for a stay of the proceedings, arguing that West Virginia was an inconvenient forum and the proceedings should be dismissed pending resolution of the out-of-state litigation. The circuit court denied the motions. The Supreme Court denied the writ of prohibition subsequently sought by North River, holding that the circuit court did not err in (1) denying North River’s motion to dismiss where strong deference was according to Plaintiffs’ choice of forum and considerations relevant to a forum non conveniens analysis suggest no basis for dismissal of the action; and (2) denying the motion to stay the proceedings, as it would be unfair and prejudicial to Plaintiffs to delay the trials unnecessarily. View "State ex rel. N. River Ins. Co. v. Circuit Court" on Justia Law

Plaintiff filed suit against the West Virginia Regional Jail and Correctional Facility Authority (WVRJCFA), alleging that while housed at the Southern Regional Jail, she was raped by a correctional officer. The WVRJCFA moved for summary judgment on the basis of qualified immunity. The circuit court denied summary judgment, finding (1) disputed issues of material fact precluded a determination as to whether the WVRJCFA was vicariously liable for the alleged sexual assaults committed by the correctional officer; and (2) Plaintiff’s claims of negligent supervision, training, and retention did not encompass discretionary decisions in the administration of fundamental government policy. The Supreme Court reversed, holding that the WVRJCFA was entitled to qualified immunity, and therefore, the circuit court erred in failing to grant summary judgment to the WVRJCFA. View "W. Va. Reg’l Jail & Corr. Facility Auth. v. A.B." on Justia Law

J.S., a juvenile, was adjudicated as a delinquent for burglary and battery under two separate juvenile petitions and placed in a level four juvenile detention facility until he reached the age of twenty-one. The Supreme Court affirmed, holding (1) even if J.S. was wrongfully denied a detention hearing on the burglary petition and a preliminary hearing on the battery petition, the errors were harmless; (2) any error in not filing a timely adjudicatory order on the burglary petition was harmless; (3) the circuit court did not err in considering certain hearsay evidence at the disposition hearing; (4) the circuit court did not abuse its discretion in placing J.S. in a level four juvenile detention facility; and (5) the circuit court’s failure to advise J.S. of his right to appeal was not reversible error. View "State v. J.S." on Justia Law

The United Hospital Center, Inc. appealed from the State Tax Commissioner’s ruling regarding the 2011 assessment of ad valorem property taxes for the Hospital’s newly-constructed facility located in Bridgeport, asserting that, given the charitable purpose of its operations, it was entitled to exemption from property taxes. The circuit court granted summary judgment for Respondents, concluding that the Hospital was not entitled to a property tax exemption because the Bridgeport location was not physically housing and treating patients on July 1, 2010, the date used by law for property tax assessment purposes. The Supreme Court reversed, holding that a healthcare corporation that qualifies as a charitable organization under federal law, whose construction of a replacement hospital facility is substantially complete on the legal date of assessment, and who has significant departmental staff on site, comes within the spirit, purpose, and intent of exempting charitable organizations from ad valorem taxation under the statutory exemptions at issue. View "United Hosp. Ctr. v. Romano" on Justia Law

In 2006, Respondents obtained an adjustable rate mortgage loan from a mortgage company. Respondents executed a deed of trust on the real property being purchased and separately executed an arbitration rider. Respondents later defaulted on the loan, and Petitioner, which serviced the loan, assessed a number of fees. Respondents filed an action against Petitioner alleging violations of the West Virginia Consumer Credit and Protection Act. Petitioner filed a motion to compel arbitration. The circuit court denied the motion, concluding that the arbitration agreement was unenforceable under the Dodd-Frank Act and that it was procedurally and substantively unconscionable. The Supreme Court granted Petitioner's requested writ of prohibition to prevent enforcement of the circuit court's order, holding (1) the Dodd-Frank Act did not apply to the mortgage loan because the loan was executed prior to the Act's enactment; and (2) the arbitration agreement was neither procedurally nor substantively unconscionable. View "State ex rel. Ocwen Loan Servicing, LLC v. Circuit Court of Kanawha County" on Justia Law