Justia West Virginia Supreme Court of Appeals Opinion Summaries

In this abuse and neglect proceeding, the Supreme Court affirmed the circuit court’s adjudicatory order finding Father to be an abusing and neglectful parent but set aside the court’s order that adopted the parenting plan recommended by the children’s guardian ad litem.This proceeding concerned three children and their biological parents. Father appealed from the adjudicatory order finding him to be an abusing and neglectful parent and also appealed from a later order adopting the parenting plan recommended by the guardian ad litem. The Supreme Court affirmed, holding (1) the adjudicatory order was supported by clear and convincing evidence that Father was an abusing and neglectful parent in relation to the children; but (2) in view of updates to Rule 11(j) of the West Virginia Rules of Appellate Procedure, the circumstances regarding the children changed to the extent that the parenting plan was no longer viable in the absence of additional findings by the circuit court. View "In re J.P." on Justia Law

The Supreme Court reversed the order of the circuit court ordering that Joseph Pompeo’s driver’s license be restored after its revocation.Pompeo’s driver’s license was revoked when, during a traffic stop, police officers observed that Pompeo appeared to be under the influence of alcohol and Pompeo refused to submit to a secondary chemical test. The Office of Administrative Hearings (OAH) upheld the revocation. The circuit court ordered that Pompeo’s driving privileges be restored on several grounds. The Supreme Court reversed and remanded for the reinstatement of the administrative order revoking Pompeo’s driver’s license, holding (1) the circuit court erred by disregarding the evidence upon which the OAH relied and abused its discretion in substituting its judgment for that of the fact-finder below; and (2) the OAH’s findings were not clearly wrong. View "Reed v. Pompeo" on Justia Law

In this dispute between retailers and direct competitors in the gas station and convenience store market, the circuit court correctly determined that W. Va. Code 47-11A-6(a) does not include taxes in the calculation of a retailer’s cost under the West Virginia Unfair Practices Act.Plaintiff filed suit against Defendants alleging that Defendants had violated the Act by selling gasoline below cost. Both parties moved for summary judgment seeking a determination as to whether section 47-11A-6(a) includes taxes within the calculation of a retailer’s cost. The circuit court concluded that the calculation of a retailer’s cost does not include tax and awarded summary judgment to Defendants. The Supreme Court affirmed, holding that the statute does not include taxes in the calculation of a retailer’s cost. View "Alan Enterprizes LLC v. Mac's Convenience Stores LLC" on Justia Law

In this dispute between retailers and direct competitors in the gas station and convenience store market, the circuit court correctly determined that W. Va. Code 47-11A-6(a) does not include taxes in the calculation of a retailer’s cost under the West Virginia Unfair Practices Act.Plaintiff filed suit against Defendants alleging that Defendants had violated the Act by selling gasoline below cost. Both parties moved for summary judgment seeking a determination as to whether section 47-11A-6(a) includes taxes within the calculation of a retailer’s cost. The circuit court concluded that the calculation of a retailer’s cost does not include tax and awarded summary judgment to Defendants. The Supreme Court affirmed, holding that the statute does not include taxes in the calculation of a retailer’s cost. View "Alan Enterprizes LLC v. Mac's Convenience Stores LLC" on Justia Law

The Supreme Court reversed two orders of the circuit court unsealing an index of 349 documents and directing the Attorney General to produce eighty-nine of those documents.Steel of West Virginia, Inc. (Steel) brought this action to enforce its request for production of material under West Virginia’s Freedom of Information Act (FOIA). The Attorney General received the 349 documents at issue in connection with his investigative powers under the West Virginia Antitrust Act regarding the proposed merger of St. Mary’s Medical Center, Inc. and Cabell Huntington Hospital, Inc. The Attorney General and St. Mary’s contended that the index of the 349 documents and the eighty-nine documents to be produced were exempt from disclosure. The circuit court awarded the production of the index as a sanction against the Attorney General for sharing part of the index with the Federal Trade Commission. The Supreme Court held (1) the sanction was inappropriate; and (2) the eighty-nine documents were not subject to rpdocution because the statutory exemption set forth in W.Va. Code 29B-1-4, which incorporates the confidentiality provisions of the Antitrust Act. View "St. Mary's Medical Center, Inc. v. Steel of West Virginia" on Justia Law

In this wrongful death action, the Supreme Court reversed the order of the circuit court denying the West Virginia Department of Health and Human Resources’ (DHHR) motion for summary judgment, in which DHHR argued that it was entitled to qualified immunity.The circuit court determined that DHHR was not entitled to qualified immunity because it was alleged that DHHR had violated a clearly established statutory or constitutional law. The Supreme Court disagreed, holding that the complained-of conduct involved discretionary functions and that Plaintiff failed to demonstrate a violation of a clearly established statutory or constitutional law, and therefore, the circuit court should have granted summary judgment for DHHR on the basis of qualified immunity. View "Crouch v. Gillespie" on Justia Law

At issue was whether the circuit court properly granted Shutler Cabinets, Inc.’s motion to quash a subpoena duces tecum seeking all of Shutler’s business records for a one-year period and whether the court properly awarded Shutler attorney fees and costs. Shutler was a nonparty to the litigation in this case, which was filed in Pennsylvania.Plaintiff sought discovery information from Shutler, a West Virginia company that was a nonparty to the litigation in Pennsylvania. The Supreme Court (1) affirmed the circuit court’s order quashing the subpoena, holding that the circuit court did not abuse its discretion by concluding that the category of information in the subpoena that sought business records for a one-year period, including that names and addresses of Shutler’s customers, was unduly burdensome; and (2) affirmed the attorney fee award regarding the fees counsel for Shutler incurred in its initial response to the petition for a subpoena duces tecum and reversed the attorney fee award regarding fees counsel for Shutler incurred in connection with Plaintiff’s W.Va. R. Civ. P. 59(e) motion. View "Kahle's Kitchens, Inc. v. Shutler Cabinets, Inc." on Justia Law

At issue was whether the circuit court properly granted Shutler Cabinets, Inc.’s motion to quash a subpoena duces tecum seeking all of Shutler’s business records for a one-year period and whether the court properly awarded Shutler attorney fees and costs. Shutler was a nonparty to the litigation in this case, which was filed in Pennsylvania.Plaintiff sought discovery information from Shutler, a West Virginia company that was a nonparty to the litigation in Pennsylvania. The Supreme Court (1) affirmed the circuit court’s order quashing the subpoena, holding that the circuit court did not abuse its discretion by concluding that the category of information in the subpoena that sought business records for a one-year period, including that names and addresses of Shutler’s customers, was unduly burdensome; and (2) affirmed the attorney fee award regarding the fees counsel for Shutler incurred in its initial response to the petition for a subpoena duces tecum and reversed the attorney fee award regarding fees counsel for Shutler incurred in connection with Plaintiff’s W.Va. R. Civ. P. 59(e) motion. View "Kahle's Kitchens, Inc. v. Shutler Cabinets, Inc." on Justia Law

The Supreme Court denied Garland DeCourcy’s petition for writ of prohibition seeking to prohibit the circuit court from proceeding in this action brought by William Williams to recover a computer, telephone system, and keys to a vehicle from DeCourcy. After a bench trial in magistrate court, DeCourcy was ordered to return certain property to Williams. DeCourcy appealed and filed a motion to dismiss the case on the grounds that Williams could not meet his burden of proof because the evidence should be limited to the evidence presented to the magistrate court. The circuit court ruled that a trial de novo authorized it to consider additional evidence, including witness testimony not presented in magistrate court. DeCourcy then filed this petition for writ of prohibition. The Supreme Court denied the writ, holding (1) an appeal of a civil action tried before a magistrate without a jury under W. Va. Code 50-5-12(b) shall be a trial de novo, meaning a new trial in which the parties may present new evidence including witness testimony not presented in magistrate court; and (2) the circuit court did not err in its determination that new evidence, including witness testimony, was proper in this appeal from magistrate court. View "State ex rel. DeCourcy v. Honorable Jennifer P. Dent" on Justia Law

In these consolidated appeals requiring the Supreme Court to interpret various provisions of the West Virginia Surface Coal Mining and Reclamation Rule (WVSCMRR), W.Va. CSR 38-2-1, the Supreme Court affirmed in part and reversed in part the order of the circuit court. The Supreme Court held that the circuit court (1) did not err in finding that the WVSCMRR does not require a coal company, in its application for modification of its mining permit, to demonstrate compliance with the Utility Protection Standard found at W.Va. 38-2-14.17; (2) did not err in ruling that the permit application sufficiently described how the coal operator would comply with the Utility Protection Standard; but (3) erred in finding that the WVSCMRR applied regardless of a coal operator’s common law property rights. View "Texas Eastern Transmission v. W. Va. Department of Environmental Protection" on Justia Law