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U.S. Department of State - Highlights

Top Stories from the State Dept homepage.

Crash of Airblue Flight ED-202Crash of Airblue Flight ED-202. This news item will open in a new browser window.: Wed, 28 Jul 2010 07:00:00 EDT - Assistant Secretary Crowley (July 28): "Our thoughts and prayers are with the families of the victims and all the people of Pakistan at this difficult time." Full TextÂ»
Pakistan-India RelationshipPakistan-India Relationship. This news item will open in a new browser window.: Tue, 27 Jul 2010 07:00:00 EDT - Assistant Secretary Crowley (July 27): "It is important for Pakistan and India to have a stable relationship. They, likewise, will have to have a relationship going forward, and if it is stable, then the world, including the United States, benefits."
African Union SummitAfrican Union Summit. This news item will open in a new browser window.: Tue, 27 Jul 2010 07:00:00 EDT - Assistant Secretary Carson (July 27): "We believe that the African Union is establishing both principles and programs that are making Africa and the work of African governments and African organizations increasingly more important globally." Full Tex
U.S. Support for KyrgyzstanU.S. Support for Kyrgyzstan. This news item will open in a new browser window.: Tue, 27 Jul 2010 07:00:00 EDT - Assistant Secretary Blake (July 27): "The United States has been one of the leading donors, committing up to $48 million thus far to help the people of Kyrgyzstan. This aid is in addition to normal foreign aid levels...." Full TextÂ» Fact SheetÂ»
U.S.-Japan Relations for the 21st CenturyU.S.-Japan Relations for the 21st Century. This news item will open in a new browser window.: Tue, 27 Jul 2010 07:00:00 EDT - Assistant Secretary Campbell (July 27): "The U.S.-Japan alliance is the cornerstone of our engagement in the Asia-Pacific. The alliance has provided a basis for peace and security in the Asia-Pacific for a half-century." Full TextÂ» VideoÂ»
U.S.-Canada Joint Arctic MissionU.S.-Canada Joint Arctic Mission. This news item will open in a new browser window.: Mon, 26 Jul 2010 07:00:00 EDT - July 26: The U.S. Extended Continental Shelf Task Force, chaired by the Department of State, will conduct a joint Arctic mission with the Government of Canada this summer to collect scientific data pertaining to the extended continental shelf and Arctic seafloor.
Celebrating the Americans with Disabilities ActCelebrating the Americans with Disabilities Act. This news item will open in a new browser window.: Mon, 26 Jul 2010 07:00:00 EDT - Secretary Clinton (July 26): "Twenty years ago today the United States ushered in a new era of opportunity for our citizens with passage of the Americans with Disabilities Act (ADA)." Full TextÂ»
Support for CambodiaSupport for Cambodia. This news item will open in a new browser window.: Mon, 26 Jul 2010 07:00:00 EDT - Assistant Secretary Crowley (July 26): "The U.S. has long supported bringing to justice senior leaders and those most responsible for the atrocities perpetrated under the Khmer Rouge regime." Full TextÂ»
European and Canadian Iran SanctionsEuropean and Canadian Iran Sanctions. This news item will open in a new browser window.: Mon, 26 Jul 2010 07:00:00 EDT - Secretary Clinton (July 26): "The United States welcomes the strong steps taken by our European and Canadian partners to implement UN Security Council Resolution 1929." Full TextÂ»
African Women's Entrepreneurship ProgramAfrican Women's Entrepreneurship Program. This news item will open in a new browser window.: Mon, 26 Jul 2010 07:00:00 EDT - July 26: The program aims to empower African women entrepreneurs to become part of their national and global business network by increasing opportunities for women to use the AGOA program. Full TextÂ»

Contract - U.S. Dept. of Defense

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Official Web site for the Department of Defense

Contracts for July 28, 2010Contracts for July 28, 2010. This news item will open in a new browser window.: Wed, 28 Jul 2010 17:55:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 27, 2010Contracts for July 27, 2010. This news item will open in a new browser window.: Tue, 27 Jul 2010 17:19:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 26, 2010Contracts for July 26, 2010. This news item will open in a new browser window.: Mon, 26 Jul 2010 17:07:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 23, 2010Contracts for July 23, 2010. This news item will open in a new browser window.: Fri, 23 Jul 2010 17:08:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 22, 2010Contracts for July 22, 2010. This news item will open in a new browser window.: Thu, 22 Jul 2010 17:04:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 21, 2010Contracts for July 21, 2010. This news item will open in a new browser window.: Wed, 21 Jul 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 20, 2010Contracts for July 20, 2010. This news item will open in a new browser window.: Tue, 20 Jul 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 19, 2010Contracts for July 19, 2010. This news item will open in a new browser window.: Mon, 19 Jul 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 16, 2010Contracts for July 16, 2010. This news item will open in a new browser window.: Fri, 16 Jul 2010 17:24:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 15, 2010Contracts for July 15, 2010. This news item will open in a new browser window.: Thu, 15 Jul 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 14, 2010Contracts for July 14, 2010. This news item will open in a new browser window.: Wed, 14 Jul 2010 17:15:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 13, 2010Contracts for July 13, 2010. This news item will open in a new browser window.: Tue, 13 Jul 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 12, 2010Contracts for July 12, 2010. This news item will open in a new browser window.: Mon, 12 Jul 2010 17:02:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 09, 2010Contracts for July 09, 2010. This news item will open in a new browser window.: Fri, 09 Jul 2010 17:04:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 08, 2010Contracts for July 08, 2010. This news item will open in a new browser window.: Thu, 08 Jul 2010 17:25:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 07, 2010Contracts for July 07, 2010. This news item will open in a new browser window.: Wed, 07 Jul 2010 17:08:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 06, 2010Contracts for July 06, 2010. This news item will open in a new browser window.: Tue, 06 Jul 2010 17:13:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 02, 2010Contracts for July 02, 2010. This news item will open in a new browser window.: Fri, 02 Jul 2010 17:00:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for July 01, 2010Contracts for July 01, 2010. This news item will open in a new browser window.: Thu, 01 Jul 2010 17:02:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for June 30, 2010Contracts for June 30, 2010. This news item will open in a new browser window.: Wed, 30 Jun 2010 17:00:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for June 29, 2010Contracts for June 29, 2010. This news item will open in a new browser window.: Tue, 29 Jun 2010 17:00:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for June 28, 2010Contracts for June 28, 2010. This news item will open in a new browser window.: Mon, 28 Jun 2010 17:09:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for June 25, 2010Contracts for June 25, 2010. This news item will open in a new browser window.: Fri, 25 Jun 2010 17:03:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for June 24, 2010Contracts for June 24, 2010. This news item will open in a new browser window.: Thu, 24 Jun 2010 17:01:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for June 23, 2010Contracts for June 23, 2010. This news item will open in a new browser window.: Wed, 23 Jun 2010 17:02:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for June 22, 2010Contracts for June 22, 2010. This news item will open in a new browser window.: Tue, 22 Jun 2010 17:02:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for June 21, 2010Contracts for June 21, 2010. This news item will open in a new browser window.: Mon, 21 Jun 2010 17:03:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for June 18, 2010Contracts for June 18, 2010. This news item will open in a new browser window.: Fri, 18 Jun 2010 17:04:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for June 17, 2010Contracts for June 17, 2010. This news item will open in a new browser window.: Thu, 17 Jun 2010 17:04:00 EST - Contracts valued at $5 million or more are announced each business day at 5 p.m.
Contracts for June 16, 2010Contracts for June 16, 2010. This news item will open in a new browser window.: Wed, 16 Jun 2010 17:08:00 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.

"Status Quo Is Morally Inexcusable""Status Quo Is Morally Inexcusable". This news item will open in a new browser window.: Thu, 29 Jul 2010 19:15:00 GMT - Education reform is a top priority for this Administration, President Obama said to the National Urban League, because the "status quo is morally inexcusable" and "economically indefensible."
Americans with Disabilities ActAmericans with Disabilities Act. This news item will open in a new browser window.: Tue, 27 Jul 2010 12:20:00 GMT - On the 20th anniversary of the Americans with Disabilities Act, Secretary Duncan applauded the legislation and rededicated ED to its effective implementation.
Turning Around Low-Performing SchoolsTurning Around Low-Performing Schools. This news item will open in a new browser window.: Thu, 22 Jul 2010 17:40:00 GMT - Montana is among the states receiving funding under the School Improvement Grants program to turn around persistently lowest achieving schools.
Rural Education Technology SummitRural Education Technology Summit. This news item will open in a new browser window.: Wed, 21 Jul 2010 18:19:00 GMT - More than 150 rural education stakeholders and technology experts from 26 states attended the National Rural Education Technology Summit in Washington, D.C.
Three Myths of High School ReformThree Myths of High School Reform. This news item will open in a new browser window.: Wed, 21 Jul 2010 18:18:00 GMT - Secretary Duncan talked about the three myths of high school reform at the College Board AP conference.
The Win-Win SolutionThe Win-Win Solution. This news item will open in a new browser window.: Wed, 21 Jul 2010 18:18:00 GMT - Read Secretary Duncan's remarks at the Council of Chief State School Officers and State Higher Education Executive Officers' joint summer meeting.
Community Input and Turnaround SchoolsCommunity Input and Turnaround Schools. This news item will open in a new browser window.: Wed, 14 Jul 2010 17:47:00 GMT - Parent and community input will be a requirement in ED's proposal for turning around low-performing schools, Secretary Duncan said in remarks to the National Association for the Advancement of Colored People (NAACP).
States to Receive Additional Recovery FundsStates to Receive Additional Recovery Funds. This news item will open in a new browser window.: Mon, 12 Jul 2010 22:45:00 GMT - Connecticut is among the states that will receive additional Recovery Act funds to support jobs and drive education reforms.
$25 Million for Job Retention Activities$25 Million for Job Retention Activities. This news item will open in a new browser window.: Wed, 07 Jul 2010 16:52:00 GMT - ED announced the availability of $25 million to help loan servicers in the Federal Family Education Loan (FFEL) Program retrain and redeploy workers affected by student loan reforms.
Charter Schools Conference RemarksCharter Schools Conference Remarks. This news item will open in a new browser window.: Fri, 02 Jul 2010 20:54:00 GMT - Secretary Duncan spoke by video teleconference to the National Alliance of Public Charter Schools. Watch the video of his remarks.
Rural and Low-Income Schools ProgramRural and Low-Income Schools Program. This news item will open in a new browser window.: Fri, 02 Jul 2010 20:34:00 GMT - Rural school districts use funding from the Rural and Low-Income School program funds for technology, professional development, and instruction for low-income students, according to a new report.
Anniversary of Civil Rights ActAnniversary of Civil Rights Act. This news item will open in a new browser window.: Fri, 02 Jul 2010 19:57:00 GMT - Secretary Duncan hailed the enduring impact of the Civil Rights Act of 1964.
We want your feedback!We want your feedback!. This news item will open in a new browser window.: Tue, 29 Jun 2010 19:19:06 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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