January 25, 2006 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, January 25, 2006

1. SER Hanley C. Clark, Insurance Commissioner of the State of W. Va. v. Blue Cross and Blue Shield of West Virginia, Inc.; International Union, United Mine Workers of America v. Receiver of Blue Cross and Blue Shield of West Virginia, Inc. - 052166 - This appeal involves a contested matter arising in an action filed by the West Virginia Insurance Commissioner in 1990 against Blue Cross and Blue Shield of West Virginia, which resulted in an order placing Blue Cross in receivership and enjoining any actions by creditors or other parties against Blue Cross. This action comes from a May 10, 2005 Order adopting the referee's recommendations and entering an order granting summary judgment to the Receiver and denying the UMWA's motion for summary judgment. - Grant 4 - 0, Starcher Not Participating.

2. Heather C. Washington v. Charles D. Washington - 051819 - Petitioner husband appeals from the circuit court's order dismissing the petition for appeal as untimely. Petitioner seeks a remand to the circuit court with directions that it make a finding that the appeal was timely filed and to consider the appeal on the merits. - Grant 4 - 0, Starcher Not Participating.

3. Kathy Robin Nicely Spurlock, Executrix of the Estate of Kenneth Nicely v. CXS Transportation, Inc. - 052505 - Petitioner appeals the lower court's granting of summary judgment in favor of CSX on the issue of statute of limitations. Petitioner had filed the suit under the Federal Employer's Liability Act claiming renal cell carcinoma as the result of exposures to solvent at the workplace. - Refuse 3 - 1, Albright, Starcher Not Participating.