W.Va. Supreme Court to hear cases at WVU College of Law

MORGANTOWN, W.Va. – The Supreme Court of Appeals of West Virginia will hear arguments in three cases on Tuesday, March 5, at the West Virginia University College of Law in Morgantown.

The justices will hear arguments beginning at 10 a.m. in the Marlyn E. Lugar Courtroom at the College of Law. The doors will open at 9 a.m.

The event is free, open to the public, and will be webcast on the West Virginia Judiciary website, www.courtswv.gov.

Justice Margaret Workman voluntarily recused herself from the last case on the docket pursuant to Canon 2, Rule 2.11 of the Code of Judicial Conduct and Rule 33 of the Rules of Appellate Procedure of the Supreme Court of Appeals of West Virginia. Chief Justice Beth Walker appointed Twenty-Second Judicial Circuit (Hampshire, Hardy, and Pendleton Counties) Judge H. Charles Carl to sit on the Supreme Court for the case.

Arguments will be preceded by a Girl Scout Color Guard made up members of Troop 51446, which meets at Mountainview Elementary School. Chief Justice Beth Walker is a lifelong Girl Scout, former chairwoman and current member of the board of directors of Girl Scouts of Black Diamond Council.

After breaking for lunch, the Supreme Court will reconvene at 1 p.m. to judge the finals of Baker Cup Moot Court appellate advocacy competition. The Supreme Court usually hears an argument docket at the law school once each spring. Justices Tim Armstead, John Hutchison and Margaret Workman are graduates of the College of Law.

The Court will hear the following cases in Morgantown. Documents in the cases can be accessed through links on the West Virginia Judiciary website at http://www.courtswv.gov/supreme-court/calendar/2019/dockets/Mar-5-19ad.html.

Rule 20 argument – Heather Humphrey et al. vs. Westchester Limited Partnership et al., No. 17-0885. Petitioner Appeals order granting summary judgement to Respondent, seeking a reversal and remand for a trial on the merits.

Rule 19 Argument – Certegy Check Services Inc. vs. Janice Fuller, No. 17-0972. In this interlocutory appeal, Petitioner seeks reversal of the circuit court’s order denying petitioners’ motion to
compel arbitration, referral of this action to arbitration, and staying of the action pending arbitration.

Rule 20 Argument – Michael D. Michael, Administrator, et al. v. Consolidation Coal Company, No. 18-0725. Certified questions from the United States Court of Appeals for the Fourth Circuit. (1) Is a fraudulent concealment claim, as set forth in Kessel v. Leavitt, 511 S.E.2d 720 (W. Va. 1998), cognizable when the alleged injury was the plaintiffs’ loss of a timely claim for wrongful death under West Virginia Code §§ 55-7-5, 55-7-6 (1967)? (2) If the answer to Question (1) is yes: Under the West Virginia discovery rule, does the statute of limitations for a fraudulent concealment claim begin to run against a corporate entity when a plaintiff (A) learns that the entity concealed the intentional act of an unidentified individual, which resulted in the death of other employees at the entity’s workplace; or (B) discovers that the entity concealed both the intentional act and the identity of a particular employee, who allegedly acted at the direction of the entity, resulting in the death of other employees at the workplace? Justice Workman disqualified. Judge H. Charles Carl sitting by special assignment.

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