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U.S. Department of State - Highlights

Top Stories from the State Dept homepage.

START TalksSTART Talks. This news item will open in a new browser window.: Fri, 12 Mar 2010 07:00:00 EDT - Assistant Secretary Crowley (Mar. 12): "They are ongoing in Geneva and we are committed to concluding negotiations. What is important is we arrive at a quality agreement." Full TextÂ»
Inauguration in ChileInauguration in Chile. This news item will open in a new browser window.: Thu, 11 Mar 2010 07:00:00 EDT - Assistant Secretary Crowley (Mar. 11): "We certainly congratulate President Sebastian Pinera on his inauguration and the Chilean people for another successful election process." Full TextÂ»
2009 Annual Report on Human Rights2009 Annual Report on Human Rights. This news item will open in a new browser window.: Thu, 11 Mar 2010 07:00:00 EDT - Secretary Clinton (Mar. 11): "or the last 34 years, the United States has produced the Country Reports on Human Rights Practices, providing the most comprehensive record available of the condition of human rights around the world." Full TextÂ»
International Women's Day EventsInternational Women's Day Events. This news item will open in a new browser window.: Thu, 11 Mar 2010 07:00:00 EDT - Ambassador Verveer (Mar. 11): "We are talking about universal human rights. Whether a woman lives in a village and is illiterate or whether she is highly educated living in the West, or anywhere else, for that matter, she knows deep inside of her that she is a human being, she is not to be oppressed.
Lithuanian Independence AnniversaryLithuanian Independence Anniversary. This news item will open in a new browser window.: Wed, 10 Mar 2010 07:00:00 EDT - Statement by Secretary Clinton, marking the 20th anniversary of the reestablishment of Lithuanian independence. Full TextÂ» VideoÂ»
International Women of Courage AwardInternational Women of Courage Award. This news item will open in a new browser window.: Wed, 10 Mar 2010 07:00:00 EDT - Secretary Clinton and First Lady Michelle Obama hosted the annual International Women of Courage Awards at the Department of State on March 10. Full TextÂ» MoreÂ»
U.S. Position Regarding LibyaU.S. Position Regarding Libya. This news item will open in a new browser window.: Tue, 09 Mar 2010 07:00:00 EDT - Assistant Secretary Crowley (Mar. 9): "We are strongly committed to the bilateral U.S.-Libyan relationship, and Secretary Clinton has asked Assistant Secretary Jeff Feltman to travel to Tripoli next week for a series of bilateral consultations." Full
Northern Ireland Assembly Vote on DevolutionNorthern Ireland Assembly Vote on Devolution. This news item will open in a new browser window.: Tue, 09 Mar 2010 07:00:00 EDT - Secretary Clinton (Mar. 9): "I commend the Northern Ireland Assembly today for its affirmation of the Hillsborough Agreement and its endorsement of the devolution of policing and justice...." Full TextÂ»
Haiti: Next StepsHaiti: Next Steps. This news item will open in a new browser window.: Tue, 09 Mar 2010 07:00:00 EDT - Secretary Clinton (Mar. 9): "We are preparing for the major donors conference...and we are listening very carefully to President Preval and the voices of the Haitian people as to what our next steps should be." Full TextÂ»
Release of 2009 Human Rights ReportsRelease of 2009 Human Rights Reports. This news item will open in a new browser window.: Tue, 09 Mar 2010 07:00:00 EDT - Secretary Clinton will deliver opening remarks on the release of the State Departmentâs 2009 Country Reports on Human Rights Practices on Mar. 11 at 11:00 a.m. Full TextÂ»

Contract - U.S. Dept. of Defense

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Official Web site for the Department of Defense

Contracts for March 12, 2010Contracts for March 12, 2010. This news item will open in a new browser window.: Fri, 12 Mar 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for March 11, 2010Contracts for March 11, 2010. This news item will open in a new browser window.: Thu, 11 Mar 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for March 10, 2010Contracts for March 10, 2010. This news item will open in a new browser window.: Wed, 10 Mar 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for March 09, 2010Contracts for March 09, 2010. This news item will open in a new browser window.: Tue, 09 Mar 2010 17:06:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for March 08, 2010Contracts for March 08, 2010. This news item will open in a new browser window.: Mon, 08 Mar 2010 17:02:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for March 05, 2010Contracts for March 05, 2010. This news item will open in a new browser window.: Fri, 05 Mar 2010 17:05:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for March 04, 2010Contracts for March 04, 2010. This news item will open in a new browser window.: Thu, 04 Mar 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for March 03, 2010Contracts for March 03, 2010. This news item will open in a new browser window.: Wed, 03 Mar 2010 17:02:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for March 02, 2010Contracts for March 02, 2010. This news item will open in a new browser window.: Wed, 03 Mar 2010 13:14:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for March 01, 2010Contracts for March 01, 2010. This news item will open in a new browser window.: Mon, 01 Mar 2010 17:05:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 26, 2010Contracts for February 26, 2010. This news item will open in a new browser window.: Fri, 26 Feb 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 25, 2010Contracts for February 25, 2010. This news item will open in a new browser window.: Thu, 25 Feb 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 24, 2010Contracts for February 24, 2010. This news item will open in a new browser window.: Wed, 24 Feb 2010 17:37:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 23, 2010Contracts for February 23, 2010. This news item will open in a new browser window.: Tue, 23 Feb 2010 17:21:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 22, 2010Contracts for February 22, 2010. This news item will open in a new browser window.: Mon, 22 Feb 2010 17:04:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 19, 2010Contracts for February 19, 2010. This news item will open in a new browser window.: Fri, 19 Feb 2010 17:02:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 18, 2010Contracts for February 18, 2010. This news item will open in a new browser window.: Thu, 18 Feb 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 17, 2010Contracts for February 17, 2010. This news item will open in a new browser window.: Thu, 18 Feb 2010 09:27:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 16, 2010Contracts for February 16, 2010. This news item will open in a new browser window.: Tue, 16 Feb 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 10, 2010Contracts for February 10, 2010. This news item will open in a new browser window.: Wed, 10 Feb 2010 17:04:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 05, 2010Contracts for February 05, 2010. This news item will open in a new browser window.: Fri, 05 Feb 2010 17:09:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 04, 2010Contracts for February 04, 2010. This news item will open in a new browser window.: Thu, 04 Feb 2010 17:06:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 03, 2010Contracts for February 03, 2010. This news item will open in a new browser window.: Wed, 03 Feb 2010 17:13:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 02, 2010Contracts for February 02, 2010. This news item will open in a new browser window.: Tue, 02 Feb 2010 17:00:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for February 01, 2010Contracts for February 01, 2010. This news item will open in a new browser window.: Mon, 01 Feb 2010 17:11:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for January 29, 2010Contracts for January 29, 2010. This news item will open in a new browser window.: Fri, 29 Jan 2010 17:06:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for January 28, 2010Contracts for January 28, 2010. This news item will open in a new browser window.: Thu, 28 Jan 2010 17:07:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for January 27, 2010Contracts for January 27, 2010. This news item will open in a new browser window.: Wed, 27 Jan 2010 17:04:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for January 26, 2010Contracts for January 26, 2010. This news item will open in a new browser window.: Tue, 26 Jan 2010 17:07:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for January 25, 2010Contracts for January 25, 2010. This news item will open in a new browser window.: Mon, 25 Jan 2010 17:03:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.

U.S. Department of Education

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The latest news from the U.S. Department of Education.

Low-Performing SchoolsLow-Performing Schools. This news item will open in a new browser window.: Fri, 12 Mar 2010 19:27:00 GMT - West Virginia will receive $21.9 million to turn around its lowest achieving schools through the School Improvement Grants program.
Recovery Act Funds for StatesRecovery Act Funds for States. This news item will open in a new browser window.: Fri, 12 Mar 2010 19:07:00 GMT - Florida, Iowa, Michigan, New Mexico, Ohio, and Utah are among the states to receive additional Recovery Act funds to help support education jobs.
ED Announces Civil Rights ReviewED Announces Civil Rights Review. This news item will open in a new browser window.: Wed, 10 Mar 2010 20:37:00 GMT - ED will examine the academic opportunities and access of English Learner students in the Los Angeles Unified School District to assess whether they are being denied equal educational opportunities.
Investing in InnovationInvesting in Innovation. This news item will open in a new browser window.: Mon, 08 Mar 2010 16:24:00 GMT - The grant application and final priorities for the $650 million Investing in Innovation Fund (i3) are now available.
Education Stakeholders ForumEducation Stakeholders Forum. This news item will open in a new browser window.: Sat, 06 Mar 2010 19:28:00 GMT - The Elementary and Secondary Education Act is the focus of our next Education Stakeholders Forum on March 19.
High School Commencement ChallengeHigh School Commencement Challenge. This news item will open in a new browser window.: Fri, 05 Mar 2010 19:10:00 GMT - The White House and ED announced the Race to the Top High School Commencement Challenge, inviting public schools to compete to have President Obama speak at their graduation this spring.
Detroit Discusses Turnaround EffortsDetroit Discusses Turnaround Efforts. This news item will open in a new browser window.: Fri, 05 Mar 2010 19:09:00 GMT - More than 250 community leaders, educators, parents, and students gathered to discuss turning around the Detroit area's lowest-achieving schools.
WNET.org Celebration of Teaching and LearningWNET.org Celebration of Teaching and Learning. This news item will open in a new browser window.: Fri, 05 Mar 2010 19:08:00 GMT - Secretary Arne Duncan participated in the Celebration of Teaching and Learning in New York City, where over 8,500 educators across the nation took part in discussions about the future of our schools.
WhiteHouse.gov Features EducationWhiteHouse.gov Features Education. This news item will open in a new browser window.: Mon, 01 Mar 2010 20:25:00 GMT - Each day this week WhiteHouse.gov will highlight ED efforts to help reach the President's goal of having the highest proportion of college graduates in the world by 2020.
Child Nutrition ActChild Nutrition Act. This news item will open in a new browser window.: Wed, 24 Feb 2010 23:10:00 GMT - Agriculture Secretary Vilsack's priorities for reauthorizing the Child Nutrition Act "would be a major step in the right direction for the health and well-being of our school children," Secretary Duncan said.
Restraint and Seclusion InformationRestraint and Seclusion Information. This news item will open in a new browser window.: Wed, 24 Feb 2010 19:33:00 GMT - ED published a summary of state laws, regulations, policies, and guidelines regarding the use of restraint and seclusion techniques in schools.
Recovery Act AnniversaryRecovery Act Anniversary. This news item will open in a new browser window.: Fri, 19 Feb 2010 11:24:00 GMT - Secretary Duncan and Congressman Connolly visited Riverside Elementary School in Virginia for the one-year anniversary of the Recovery Act.
We want your feedback!We want your feedback!. This news item will open in a new browser window.: Wed, 10 Feb 2010 19:26:37 GMT - Please let us know what you think of this news feed.

Rory Perry: Topics-Civil

Information about recent WV Supreme Court cases and opinions involving civil matters.

TORTS, INSURANCE, PROCEDURE :: Umbrella policy duty to defend, statute of limitations in first party bad faithTORTS, INSURANCE, PROCEDURE :: Umbrella policy duty to defend, statute of limitations in first party bad faith. This news item will open in a new browser window.

Thu, 24 Sep 2009 18:55:22 GMT -

NOLAND v. VIRGINIA INSURANCE RECIPROCAL, et al., No. 34702 (DAVIS, J.)(September 24, 2009). Granting mixed relief from an order of the Circuit Court of Raleigh County that granted partial summary judgment in favor of Virginia Insurance Reciprocal and dismissed claims against the remaining appellees. Reviewing the plain language of the primary and excess insurance policies at issue to conclude that there was no language that extinguished VIR's duty to continue defending the appellant under the funds remaining in the excess policy after a settlement occurred, especially in light of the fact that the very purpose of the umbrella policy was to provide coverage once the primary policy limits had been exhausted, in addition to the fact that the clear language of the umbrella policy provides that it will defend the appellant if the limits of the primary policy are exhausted. Further concluding that the "other insurance" clause in the umbrella policy cannot be invoked to preclude its defense of the appellant after the date of the settlement. Concluding that the circuit court properly dismissed both statutory and common law bad faith claims on statute of limitations grounds. Holding in syllabus point 4 that: "[t]he one year statute of limitations contained in W. Va. Code 55-2-12(c) applies to a common law bad faith claim." Further holding, in syllabus point 5: "In a first-party bad faith claim that is based upon an insurer's refusal to defend, and is brought under W. Va. Code 33-11-4(9) and/or as a common law bad faith claim, the statute of limitations begins to run on the claim when the insured knows or reasonably should have known that the insured refused to defend him or her in an action."

TAXATION :: Assessment of real property participating in the Low Income Housing Tax Credit ProgramTAXATION :: Assessment of real property participating in the Low Income Housing Tax Credit Program. This news item will open in a new browser window.

Thu, 24 Sep 2009 18:53:17 GMT -

STONE BROOKE LIMITED PARTNERSHIP v. SISSINNI, ASSESSOR OF BROOKE COUNTY, et al., No. 34423 -AND- HEATHERMOOR LIMITED PARTNERSHIP v. ALONGI, ASSESSOR OF HANCOCK COUNTY, et al., No. 34424 -AND- PINE HAVEN LIMITED PARTNMERSHIP, et al. v. ADKINS, ASSESSOR OF CABELL COUNTY, et al., No. 34863 (DAVIS, J.)(Benjamin, J., concurring)(Ketchum, J., concurring)(September 24, 2009). In three consolidated cases arising from the Circuit Courts of Brooke, Hancock and Cabell Counties, addressing the proper method of assessing the value for purposes of ad valorem taxation of real property participating in the Low Income Housing Tax Credit Program. Concluding that the Brooke and Hancock County Circuit Court orders properly upheld the assessor's selection of the cost approach as the most accurate method of appraising the properties at issue, but concluding that the lower court failed to address whether the assessors had analyzed each of the factors to be considered in the appraisal of commercial real property set forth in W. Va. C.S.R. 110-1P-2.1.1 to 2.1.4, and remanding for further proceedings. Reversing the Cabell County Circuit Court's order because the assessor presented substantial evidence to support his cost approach and the circuit court's order did not address whether the assessor had analyzed each of the required factors, and remanding for reinstatement of the cost approach appraisals and for review the correctness of the assessor's application of the required criteria.

PROPERTY, LOCAL GOVERNMENT :: Validity of county zoning ordinancePROPERTY, LOCAL GOVERNMENT :: Validity of county zoning ordinance. This news item will open in a new browser window.

Thu, 24 Sep 2009 18:51:30 GMT -

JEFFERSON COUNTY CITIZENS FOR ECONOMIC PRESERVATION v. COUNTY COMMISSION OF JEFFERSON COUNTY, et al., No. 34583 (KETCHUM, J.)(September 24, 2009). Reversing an order of the Circuit Court of Jefferson County that granted summary judgment in favor of a group that challenged the adoption of amendments to the county zoning ordinance that lowered the permitted housing density in the county's rural district. Holding that because the land use ordinance concerning amendments to the county's comprehensive plan relied solely upon a statutory scheme previously repealed, the ordinance is without authority to mandate the procedures to be followed by the county commission and planning commission in adopting or rejecting proposed amendments to the comprehensive plan and related ordinances. Remanding for reinstatement of the 2005 amendments to the ordinance.

PROPERTY :: Ownership in context of location of public roadPROPERTY :: Ownership in context of location of public road. This news item will open in a new browser window.

Thu, 24 Sep 2009 18:47:43 GMT -

CARPENTER v. LUKE, No. 34497 (Per Curiam)(September 24, 2009). Affirming an order of the Circuit Court of Harrison County that denied a motion to alter or amend judgment and a motion for new trial in a property dispute. Holding that the trial court properly entered judgment as a matter of law in favor of the plaintiff below on the issue of disputed ownership of certain real estate. Concluding that the trial court properly interpreted the context associated with the phrase "middle of the public road" set forth in the deed description, and further was correct in concluding that the defendant below's father could not have been a bona fide purchaser of land that was not included in his property description.

Recent rules activity - Mass Litigation Panel; changes to Rule 3(a) of the Rules of Civil ProcedureRecent rules activity - Mass Litigation Panel; changes to Rule 3(a) of the Rules of Civil Procedure. This news item will open in a new browser window.

Thu, 16 Oct 2008 14:10:44 GMT -

On October 9, 2008, the Court approved four rule changes related to mass litigation that become effective immediately. Those changes are:

Amendments to Trial Court Rule 26: These amendments relate to the Mass Litigation Panel, referral of cases, and conduct of business before the Panel, among other changes. An engrossed version of TCR 26 is also available.
New Trial Court Rule 15: This is a new rule that will allow the implementation of electronic filing and service in cases referred to the Mass Litigation Panel under Trial Court Rule 26. Electronic filing and service will not be used to initiate cases, and implementation will be triggered by entry of an order by the Panel (See TCR 15.02).
Amendment to Trial Court Rule 16.05(a): This amendment adds mass litigation to a list of exceptions from time standards otherwise applicable in civil litigation.
Amendment to Rule of Civil Procedure 5(e): This amendment enables electronic filing and service for post-complaint filings, following the model used to enable filing by facsimile.

In addition, the Court approved an amendment to Rule of Civil Procedure 3(a) that becomes effective on November 10, 2008. The amendment adds a second sentence to the existing rule, as follows: "(a) Complaint. [~] A civil action is commenced by filing a complaint with the court. For a complaint naming more than one individual plaintiff not related by marriage, a derivative or fiduciary relationship, each plaintiff shall be assigned a separate civil action number and be docketed as a separate civil action and be charged a separate fee by the clerk of a circuit court." For additional background on this rule, see syllabus points 3 and 4 of CABLE v. HATFIELD, 202 W.Va. 638, 505 S.E.2nd 701 (Davis, C.J.)(July 7, 1998).

First seven opinions of the September 2008 termFirst seven opinions of the September 2008 term. This news item will open in a new browser window.

Thu, 16 Oct 2008 13:48:15 GMT -

Summaries of the first seven opinions issued in the September 2008 term of court were posted today. One opinion, Savarese v. Allstate, resolved a case that was argued in the January term of court. Unless otherwise stated, in all opinions issued this term, Justice Albright is not participating and Senior Status Justice McHugh is sitting by temporary assignment.

The final day of arguments in the September term of court is Tuesday, October 29.

ABUSE & NEGLECT :: Grandparent visitationABUSE & NEGLECT :: Grandparent visitation. This news item will open in a new browser window.

Thu, 16 Oct 2008 13:42:15 GMT -

IN RE: SAMANTHA S. AND HOPE S., No. 33713 (Per Curiam)(Sept. 26, 2008). Granting mixed relief from an order of the Circuit Court of Mingo County that terminated parental rights and awarded physical custody to the paternal grandparents. Holding that the circuit court correctly terminated parental rights and awarded custody to the paternal grandparents. Holding that the circuit court erred in granting unsupervised visitation to the maternal grandparents, and remanding for entry of an order terminating the visitation rights of the maternal grandparents.

INSURANCE, TORTS, PROCEDURE :: Out-of-state med pay dispute, venueINSURANCE, TORTS, PROCEDURE :: Out-of-state med pay dispute, venue. This news item will open in a new browser window.

Thu, 16 Oct 2008 13:41:21 GMT -

SAVARESE v. ALLSTATE INSURANCE CO., et al., No. 33443 (BENJAMIN, J.)(Starcher, J., dissenting)(McHugh, S.S.J., not participating)(September 26, 2008). Affirming an order of the Circuit Court of Ohio County that dismissed a first-party bad faith action, pursuant to W.Va. Code 56-1-1(c), for lack of subject matter jurisdiction. Holding, in syllabus point 2, that: "Pursuant to West Virginia Code 56-1-1(c) (2003), a nonresident plaintiff must establish that all or a substantial part of the acts giving rise to his or her claims occurred in West Virginia in order to establish that venue is appropriate in this state where no claims are asserted against a West Virginia resident. In an action arising from the failure to pay a nonresident plaintiff's medical payment claims arising under a contract of insurance entered into and governed by the law of another state, the nonresident plaintiff's retention of a West Virginia attorney and communications to that attorney in West Virginia that the medical payment claims have been denied are insufficient, standing alone, to satisfy the requirements of West Virginia Code 56-1-1(c)(2003)." (Note: This case was argued in the January 2008 term of court.)

MUNICIPALITIES, CONSTITUTIONAL :: Residency ordinanceMUNICIPALITIES, CONSTITUTIONAL :: Residency ordinance. This news item will open in a new browser window.

Thu, 16 Oct 2008 13:39:54 GMT -

EASTHAM v. CITY of HUNTINGTON, No. 33807 (Per Curiam)(Benjamin, J., concurring)(McHugh, S.S.J., not participating)(Sept. 30, 2008). Reversing an order of the Circuit Court of Cabell County. Holding that a city ordinance requiring city employees to be residents of the city did not conflict with constitutional and statutory protections provided to civil service employees, and construing the ordinance to require a pre-disciplinary hearing that comports with constitutional and statutory requirements.

PROFESSIONAL DISCIPLINE :: License to practice law annulledPROFESSIONAL DISCIPLINE :: License to practice law annulled. This news item will open in a new browser window.

Thu, 16 Oct 2008 13:37:33 GMT -

LAWYER DISCIPLINARY BOARD v. MARK A. BLEVINS, No. 33281 (Per Curiam)(Starcher, J., concurring)(September 26, 2008). Imposing harsher discipline than recommended by the Hearing Panel Subcommittee, after concluding that "the magnitude of respondent Blevins' actions, which included, at a minimum, recklessly encouraging a convicted felon to intimidate, by violence or the threat of violence, certain former clients who owed the respondent money, warrants the annulment of the respondent's license to practice in this State." Imposing additional conditions to be satisfied prior to reinstatement.

RETIREMENT BENEFITS :: Less than honorable serviceRETIREMENT BENEFITS :: Less than honorable service. This news item will open in a new browser window.

Thu, 16 Oct 2008 13:36:35 GMT -

WEST VIRGINIA PUBLIC RETIREMENT BOARD v. JERRY ALLEN WEAVER, No. 33864 (DAVIS, J.)(October 10, 2008). Affirming an order of the Circuit Court of Kanawha County that held a public retiree had forfeited retirement benefits because the employee had rendered "less than honorable service" pursuant to W.Va. Code 5-10A-1 and 5-10A-2(e)(2). Holding that the circuit court properly determined that the appellant's conviction for felony conspiracy to buy votes was sufficiently related to his public office as Assessor of Lincoln County so as to render him ineligible to receive retirement benefits.

TAXATION :: Support test includes exempt purpose incomeTAXATION :: Support test includes exempt purpose income. This news item will open in a new browser window.

Thu, 16 Oct 2008 13:35:28 GMT -

DAVIS MEMORIAL HOSPITAL v. WEST VIRGINIA STATE TAX COMM'R, No. 33862 (DAVIS, J.)(McHugh, S.S.J., disqualified)(Hutchison, J., by temporary assignment)(October 14, 2008). Affirming an order of the Circuit Court of Randolph County that affirmed an administrative denial of a claim for refund of West Virginia consumer sales tax and use tax paid for the year 2002. Holding that the circuit court properly included the hospital's receipts from patient revenues, also known as "exempt purpose income", in the definition of "support" as contained in West Virginia Code 11-15-9(a)(6)(F)(i)(II), thereby disqualifying the hospital from receiving an exemption from sales and use tax.

TORTS, PROCEDURE :: Claims precludedTORTS, PROCEDURE :: Claims precluded. This news item will open in a new browser window.

Thu, 16 Oct 2008 13:34:01 GMT -

BEAHM, et al. v. 7-ELEVEN, INC. and MELISSA SPINKS, No. 33833 (Per Curiam)(Starcher, J., dissenting)(McHugh, S.S.J., not participating)(September 26, 2008). Affirming an order of the Circuit Court of Jefferson County that granted summary judgment to defendants in an action related to gasoline release from underground storage tanks. Applying the doctrine of virtual representation to conclude that privity exists between the appellants and plaintiffs in a prior action adjudicated on the merits. The prior action was sufficiently similar, and therefore the circuit court properly granted summary judgment on the basis of claim preclusion.

Jnauary term opinions summarizedJnauary term opinions summarized. This news item will open in a new browser window.

Wed, 16 Jul 2008 17:49:23 GMT -

Posted today were summaries of each of the 66 opinions issued in the January 2008 term of court, comprising 26 signed opinions and 40 per curiam opinions.

CASES HELD OVER: Four cases submitted for decision in the January 2008 term of court were held over, with an opinion to issue during the September term. Those cases are: (1) SAVARESE v. ALLSTATE INS. CO., No. 33443(Argued January 23, 2008); (2) RASHID v. TARAKJI, No. 33596 (Argued April 1, 2008); (3) STATE EX REL. HATFIELD v. PAINTER, No. 33668 (Argued April 16, 2008); (4) LAWYER DISC. BD. v. WILLIAM H. DUTY, No. 33069, (Original opinion withdrawn when the Court granted a petition for rehearing. The case was re-argued on May 25, 2008. Thereafter, Chief Justice Maynard recused himself from the case, and the case will be set for a second re-argument in the September term.)

ABUSE & NEGLECT :: GAL request to amend petitionABUSE & NEGLECT :: GAL request to amend petition. This news item will open in a new browser window.

Wed, 16 Jul 2008 17:46:19 GMT -

IN RE: SUMMER D., No. 33386 (Per Curiam)(February 26, 2008). Reversing an order of the Circuit Court of Brooke County that denied a motion by the guardian ad litem to amend an abuse & neglect petition. Holding that the circuit court erred in denying the motion to amend, because reasonable cause to believe additional abuse and neglect is imminent, but not encompassed by the allegations of the petition. Holding that the record is insufficient to determine the ability of the father to parent the child. Remanding for further proceedings.

ABUSE & NEGLECT, GUARDIANSHIP :: Infant guardianship, overlapABUSE & NEGLECT, GUARDIANSHIP :: Infant guardianship, overlap. This news item will open in a new browser window.

Wed, 16 Jul 2008 17:45:26 GMT -

IN RE: ABBIGAIL FAY B., No. 33716 (DAVIS, J.)(May 23, 2008). Affirming an order of the Circuit Court of Cabell County that denied an infant guardianship petition sought by the maternal grandparents, and returned the child's custody to her biological parents. Concluding that the circuit court properly determined that the appellants did not carry their burden of proving that the child was abused or neglected and failed to show that the biological mother was not a fit parent. Clarifying the circumstances in which a guardian may be appointed, and addressing aspects of Family Court Rule 48a, wherein allegations of abuse and neglect arise in family court and are subsequently transferred to circuit court for disposition.

ATTORNEY FEES, INSURANCE :: Fees allowed for litigation to reduce reimbursement claimATTORNEY FEES, INSURANCE :: Fees allowed for litigation to reduce reimbursement claim. This news item will open in a new browser window.

Wed, 16 Jul 2008 17:44:42 GMT -

FAUBLE v. NATIONWIDE MUTUAL FIRE INSURANCE CO., et al., No. 33667 (Per Curiam)(Maynard, C.J., dissenting)(June 16, 2008). Reversing an order of the Circuit Court of Berkeley County that denied attorney fees sought by policyholders in connection with litigation to reduce the amount of reimbursement that their insurance company sought from them. Holding that an award of attorney fees is appropriate because of the litigation obligation imposed upon the policyholders, but that there is no evidence to support the amount sought, and remanding for further proceedings to determine the amount of reasonable attorney fees, including the fees and costs associated with the appeal.

COMPROMISE & SETTLEMENT :: Mediated settlement enforcedCOMPROMISE & SETTLEMENT :: Mediated settlement enforced. This news item will open in a new browser window.

Wed, 16 Jul 2008 17:43:44 GMT -

MESSER v. HUNTINGTON ANESTHESIA GROUP, INC., et al., No. 33663 (Per Curiam)(June 26, 2008). Vacating an order of the Circuit Court of Cabell County that granted summary judgment to defendants, following remand in MESSER I, See 218 W.Va. 4, 620 S.E.2d 144 (2005). Limiting discussion to the sole issue of whether a valid settlement agreement was reached following court-annexed mediation. Given the circumstances of the case, the record as a whole demonstrates that the mediated settlement was the result of a meeting of the minds, that counsel for the defendants had apparent authority to act on their behalf, with no showing by the defendants otherwise, and that counsel's reliance on one spokesperson for the defendants was reasonable under the circumstances. Accordingly, the mediated settlement should have been enforced, and the plaintiff is entitled to a reasonable award of attorney fees, to be determined upon remand.

CONTEMPT, PROPERTY, PROCEDURE :: Legal inabilityCONTEMPT, PROPERTY, PROCEDURE :: Legal inability. This news item will open in a new browser window.

Wed, 16 Jul 2008 17:42:52 GMT -

WATSON v. SUNSET ADDITION PROPERTY OWNERS ASSOCIATION, INC., et al., No. 33338 (STARCHER, J.)(MAYNARD, C.J., disqualified)(Judge James Matish, by temporary assignment)(March 19, 2008). Reversing an order of the Circuit Court of Logan County that held a property owner's association in contempt for failing to install a sewage treatment plant for which they were unable to obtain a permit. Holding that ordinarily a party may not be held in contempt for failure to perform an act that the party is unable to legally perform, if the evidence establishes that the party's inability to legally perform the act is not the party's fault. Remanding for further proceedings, and directing that a separate administrative appeal related to the denial of the permit be transferred and consolidated with the action giving rise to the contempt order.

CONTRACTS, PROCEDURE :: Individual cause of action, promissory estoppelCONTRACTS, PROCEDURE :: Individual cause of action, promissory estoppel. This news item will open in a new browser window.

Wed, 16 Jul 2008 17:42:00 GMT -

HOOVER v. MORAN, No. 33460 (Per Curiam)(March 14, 2008). Granting mixed relief from an order of the Circuit Court of Kanawha County that dismissed an action that sought recovery on an unwritten promise to pay a percentage of profits from the sale of a coal company. Holding that the complaint adequately set forth a cause of action against the defendant in his individual capacity. Further holding that even assuming the statute of frauds applies to this type of arrangement, the doctrine of promissory estoppel precludes dismissal, under the facts set out in the complaint. Rejecting the defendant's cross-assignment of error, and holding that the circuit court properly reinstated the action under Rule 41(b), where neither the plaintiff nor plaintiff's counsel received notice of the dismissal.

CONTRACTS, TORTS, PROCEDURE :: Construing a forum selection clause, res judicataCONTRACTS, TORTS, PROCEDURE :: Construing a forum selection clause, res judicata. This news item will open in a new browser window.

Wed, 16 Jul 2008 17:41:08 GMT -

CAPERTON, et al. v. A.T. MASSEY COAL CO., et al., No. 33350 (DAVIS, J.)(Maynard, C.J., disqualified)(Starcher, J., disqualified)(Judge Donald Cookman and Judge Fred Fox sitting by temporary assignment)(Albright, J., and Judge Cookman dissenting)(Benjamin, A.C.J., and Judge Fox concurring)(April 3, 2008). In an opinion issued upon rehearing, reversing an order of the Circuit Court of Boone County that denied defendants' post-trial motions in response to the entry of judgment of more than $50 million in favor of the plaintiffs below. Resolving the appeal on two separate and mutually exclusive grounds. First, holding that the circuit court erred in failing to grant a motion to dismiss based upon the existence of a forum selection clause in a contract directly related to the dispute at issue. Setting forth extensive guidance for construing and applying a forum selection clause, both to signatories and non-signatories. Second, holding that res judicata is an independent basis for reversal, due to an earlier action litigated in Virginia, which defense may be raised on appeal when the prior action relied upon becomes final during the pendency of the appeal.

CORPORATIONS, PROCEDURE :: Minority shareholder dissent actionCORPORATIONS, PROCEDURE :: Minority shareholder dissent action. This news item will open in a new browser window.

Wed, 16 Jul 2008 17:40:10 GMT -

DODD, et al. v. POTOMAC RIVERSIDE FARM, INC., et al., No. 33501 (Per Curiam)(June 13, 2008). Granting mixed relief from orders of the Circuit Court of Berkeley County in a minority shareholder dissent action. Holding that the circuit court did not abuse its discretion by accepting the special commissioner's stock valuation determination, but that the circuit court's multi-level interest award was unfair and inequitable. Imposing six percent simple interest. Finally determining that the circuit court did not abuse its discretion when requiring the corporation to bear the costs of the proceeding.

CRIMINAL, CONSTITUTIONAL :: Improper burden-shifting on ability to pay child supportCRIMINAL, CONSTITUTIONAL :: Improper burden-shifting on ability to pay child support. This news item will open in a new browser window.

Wed, 16 Jul 2008 17:36:25 GMT -

STATE v. DAVID GABRIEL STAMM, No. 33505 (DAVIS, J.)(May 23, 2008). Reversing a conviction arising from the Circuit Court of Harrison County, for the felony offense of failure to meet an obligation to provide support to a minor under W. Va. Code 61-5-29. Holding, in syllabus point 5 that: "Insofar as W.Va. Code 61-5-29(3)(1999)(Repl. Vol. 2005) shifts to a defendant the burden of disproving a material element of the State's case, in violation of the due process clauses found in Article II, Section 10, of the Constitution of West Virginia, and the Fourteenth Amendment to the United States Constitution, that individual provision, severed from the remainder of W. Va. Code 61-5-29, is unconstitutional and unenforceable. W. Va. Code Sections 61-5-29(1) and (2) remain fully enforceable." Under the circumstances of the case, further holding that a jury instructions did not render harmless the constitutional error of the burden-shifting statute, because the jury instructions could have misled the jury into believing that the defendant bore the burden of proof as to his ability to pay support. Remanded for a new trial.

DISCOVERY, EVIDENCE, INSURANCE, PROCEDURE :: Procedure for discovery of allegedly privileged materialDISCOVERY, EVIDENCE, INSURANCE, PROCEDURE :: Procedure for discovery of allegedly privileged material. This news item will open in a new browser window.

Wed, 16 Jul 2008 17:27:43 GMT -

STATE EX REL. NATIONWIDE MUTUAL INS. CO., et al. v. KAUFMAN, et al., No. 33652 (DAVIS, J.)(JANUARY 25, 2008). Denying a writ of prohibition sought to prevent enforcement of an order of the Circuit Court of Kanawha County that required production of certain discovery materials for in camera inspection along with a privilege log, and denied a motion for protective order and stay of discovery sought by the insurance company. Expanding the WESTFIELD privilege log requirement to all cases where privilege is asserted. Applying the LIGHT multi-factor test to the general question of staying discovery against an insurer where an insured is a co-defendant. Holding that the circuit court correctly determined both issues, and declining to address a bifurcation issue raised because the circuit court had not yet ruled on the issue.

EMPLOYMENT, LOCAL GOVERNMENT :: Civil service commission for deputy sheriffsEMPLOYMENT, LOCAL GOVERNMENT :: Civil service commission for deputy sheriffs. This news item will open in a new browser window.

Wed, 16 Jul 2008 17:26:35 GMT -

MESSER v. HANNAH, No. 33655 (BENJAMIN, J.)(Starcher, J., and Albright, J., dissenting)(June 26, 2008). Reversing an order of the Circuit Court of Mingo County that affirmed a decision by the Mingo County Civil Service Commission for Deputy Sheriffs that reinstated the appellee to his former rank with full back pay and no charges placed on his record, after the Sheriff had imposed indefinite suspension for submitting false travel vouchers. Holding that an appellate court can reverse a Civil Service Commission for Deputy Sheriffs where, as here, the commission's decision fails to consider an important aspect of the problem. Because the commission failed to consider the evidence of record offered by the prosecuting attorney to the effect that the appellee's integrity and credibility as a law enforcement officer had been irreparably compromised, the Sheriff's order imposing an indefinite suspension should be reinstated.

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