Justia West Virginia Supreme Court of Appeals Opinion Summaries

In this class action complaint alleging violations of the West Virginia Consumer Credit and Protection Act the Supreme Court granted a writ of prohibition seeking to preclude the circuit court from enforcing its order granting a motion to compel discovery, holding that the circuit court clearly erred and exceeded its legitimate powers by granting the motion to compel.The order at issue compelled Petitioner to disclose the names and addresses of individuals with a West Virginia billing address who received communications from Health Care Financial Services (HCFS) during a certain time period and account information regarding the individuals who received those communications and ordered Petitioner to provide the information "in searchable format." Petitioner then filed this petition for writ of prohibition. The Supreme Court granted the writ as moulded, holding that the circuit court clearly erred in compelling Petitioner to disclose at this stage names and addresses of third-party individuals to whom debt collection letters were sent, dates of letters sent by HCFS, and other information. View "State ex rel. Health Care Alliance, Inc. v. O'Briant" on Justia Law

The Supreme Court reversed the judgment of the circuit court denying Petitioner's petition for writ of habeas corpus, holding that the circuit court failed to provide a meaningful evidentiary hearing and that the circuit court's order was insufficient.Petitioner pled guilty to second-degree murder and entered an Alford/Kennedy plea to malicious wounding. Following revelations related to new DNA test results, Petitioner filed a petition for writ of habeas corpus raising three grounds for relief. The circuit court denied habeas relief. The Supreme Court reversed the judgment below, holding (1) the circuit court erred by failing to hold a meaningful evidentiary hearing on the grounds raised in Petitioner's petition; and (2) the circuit court's order did not sufficiently set forth factual findings and conclusions of law as to each contention raised in the habeas petition. The Court remanded the case with instructions for the circuit court to hold an evidentiary hearing on the merits of the habeas petition and to issue an order that included sufficient findings of fact and conclusions of law as to each contention advanced by Petitioner. View "Dement v. Pszczolkowski" on Justia Law

The Supreme Court reversed the order of the circuit court affirming the decision of the Office of Administrative Hearings (OAH) reversing an order revoking Respondent's driving privileges for driving a motor vehicle while under the influence of alcohol, controlled substances and/or drugs with a blood alcohol content of .15 or higher, holding that the circuit court erred.In reversing the order revoking Respondent's driving privileges the OAH determined that the officer's failure to comply with Respondent's demands for a blood test violated Respondent's rights to due process under W. Va. Code 17C-5-9. The circuit court affirmed. The Supreme Court reversed, holding (1) in proceedings involving the revocation of a driver's license for DUI where a driver demands a blood test but the test is never given, a chemical analysis of the blood that is withdrawn is never completed, or the blood test results are lost, the trier of fact must consider three factors; and (2) this case must be remanded to the OAH for a new hearing that is to be conducted consistent with this opinion. View "Frazier v. Talbert" on Justia Law

The Supreme Court affirmed the order of the West Virginia Public Service Commission ruling that its jurisdiction under state law to regulate a company that was operating in West Virginia solely as a contractor for a federal agency was preempted by federal law, holding that there was no error in the Commission's determination.The United States Department of Veterans Affairs (VA), the federal agency in this case, was impelled to give the company, Community Pastor Care, LLC (CPC), the subject contract to meet a goal expressed by Congress in 38 U.S.C. 8127(a). Metro Tristate, Inc. filed this case asking that the Commission bar CPC from transporting VA passengers until it received a permit from the Commission. The Commission concluded that its jurisdiction to regulate CPC was preempted by federal law. The Supreme Court affirmed, holding that the Commission correctly determined that its jurisdiction to regulate CPC was preempted by federal law. View "Metro Tristate, Inc. v. Public Service Commission of W. Va." on Justia Law

The Supreme Court reversed in part and affirmed in part the order of the circuit court concluding that a "subsistence allowance" provided by the West Virginia Division of Natural Resources (DNR) to Natural Resources Police Officers is "compensation" for purposes of the Public Employees Retirement System (PERS), holding that the allowance was not compensation.Beginning in 1997, DNR reported the payments of the subsistence allowances to the Consolidated Public Retirement Board as part of the officers' "compensation," which is a key component in calculating the officers' retirement annuities under PERS. In 2014, the Board determined that the subsistence allowance was not compensation and that the error had led to the miscalculation of benefits paid to retired officers. Respondents - current and retired officers and their widowers and widows - appealed and requested declaratory relief with the Board, alleging that the Board's determination violated their vested pension rights. The Board denied relief, but the circuit court reversed. The Supreme Court reversed in part and affirmed in part, holding (1) the subsistence allowance was not compensation under PERS; and (2) the Board may not recover the excess retirement benefits already paid due to the error in treating the allowance as PERS compensation. View "W. Va. Consolidated Public Retirement Board v. Clark" on Justia Law

The Supreme Court affirmed the order entered by the circuit court terminating Father's improvement period and terminating his parental rights to his son, M.O., holding that there was no error on the part of the circuit court.On appeal, the West Virginia Department of Health and Human Services and the child's guardian ad litem both argued that termination of Father's parental rights and his improvement period was required even though he complied earlier with services provided during his improvement period. The Supreme Court agreed and affirmed, holding (1) when considering the entirety of the circumstances, Father failed sufficiently improve to justify the return of M.O. to his home; and (2) the circuit court did not err in concluding that there was no reasonable likelihood that the conditions of abuse and neglect could substantially be corrected in the near future and that it was in the best interests of the child that Father's parental rights be terminated. View "In re M.O." on Justia Law

In these consolidated petitions in which Petitioners - Defendants in Opioid Litigation, which included more than eighty lawsuits pending before the Mass Litigation Panel - sought extraordinary relief prohibiting enforcement of two of the Panel's recent rulings, the Supreme Court granted in part one petition and denied the other, holding that Petitioners demonstrated that extraordinary relief was warranted to preserve their right to try Respondents' legal claims to a jury.The Opioid Litigation began in 2017 when various cities, counties, hospitals, and the State sued manufacturers and distributors of prescription opioid pain medication and other defendants. In these consolidated petitions, Petitioners sought to prohibit enforcement of the Panel's recent rulings that Petitioners did not have a right to a jury trial of Respondents' public nuisance claims and that those same public nuisance claims were not subject to the 2015 amendments to West Virginia's comparative fault statute. The Supreme Court held (1) the Panel did not clearly err when it found that the 2015 amendments did not apply to the public nuisance claims; but (2) the Panel clearly erred by not safeguarding Defendants' right to try issues common to Plaintiffs' public nuisance claims and their legal claims to a jury. View "State ex rel. AmerisourceBergen Drug Corp.v. Honorable Moats" on Justia Law

The Supreme Court affirmed the decisions of the circuit court in these consolidated cases, holding that the West Virginia Health Care Authority's interpretation of the State Health Plan Home Health Services Standards was not arbitrary or capricious and was entitled to judicial deference pursuant to Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. 467 U.S. 837 (1984).The Standards governed the Authority's consideration of applications from entities and individuals seeking to provide home health care services in a particular county. The Standards included a methodology for determining whether there was an unmet need for such services in the county. Petitioners argued that unmet need could not be established unless the evidence showed that at least 229 individuals in the subject county were in need of home health care services. Respondents countered that the Standards required the new applicant to demonstrate a need at or beyond the 229 average usage figure. The circuit court concluded that the Authority did not err. The Supreme Court affirmed, holding that the Authority did not exceed its constitutional or statutory authority and its decision was not arbitrary or capricious. View "Amedisys West Virginia, LLC v. Personal Touch Home Care of W. Va., Inc." on Justia Law

In these consolidated appeals arising from breach of contract litigation between Thomas and Jamie Miller and WesBanco Bank, Inc., the Supreme Court affirmed the circuit court's denial of prejudgment interest to the Millers and reversed the jury's damages award, holding that the Millers' evidence failed to support this verdict.On appeal, the Millers, who prevailed below, challenged the denial of their request for prejudgment interest, which was based upon their failure to request prejudgment interest from the jury. In its separate appeal, WesBanco raised four assignments of error. The Supreme Court remanded in part for further proceedings, holding (1) there was no error in the circuit court's denial of prejudgment interest; (2) there was no error in the admission of parol evidence; (3) the duty of good faith and fair dealing was properly applied to modify WesBanco's contractual obligations; (4) the circuit court did not err in denying judgment as a matter of law to WesBanco; and (5) the jury's damages award of $404,500 was against the clear weight of the evidence. View "Miller v. Wesbanco Bank, Inc." on Justia Law

The Supreme Court denied a writ of prohibition sought by Morgantown Health and Rehabilitation Center, a nursing home, holding that the circuit court erred in applying the statute of limitations contained in the Wrongful Death Act, W. Va. Code 55-7-6, instead of that contained in the Medical Professional Liability Act (MPLA), W. Va. Code 55-7B-4(b).More than one year after Jacqulin Cowell, a resident of Morgantown Health, died, her daughter and administratrix of her estate sued Morgantown Health, alleging that poor care, neglect, and abuse resulted in Cowell's death. Morgantown Health filed a motion, arguing that the one-year statute of limitations in section 55-7B-4(b) had lapsed and, therefore, the complaint was untimely. The circuit court denied the motion to dismiss, concluding that the statute of limitations in the Wrongful Death Act, rather than that contained in the MPLA, applied. Morgantown Health requested a writ of prohibition. The Supreme Court denied the writ, holding that the circuit court did not clearly err in applying the Wrongful Death Act's statute of limitations to Plaintiff's wrongful death claim. View "State ex rel. Morgantown Operating Co. LLC v. Gaujot" on Justia Law