Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, May 22, 2007 
 

1.  In the Matter of Benjamin J. Hill, a child under 18 years of age - 070331 - Benjamin J. H. appeals the circuit court's order transferring his juvenile case to the court's adult criminal jurisdiction. - Grant 3 - 2, Davis & Maynard.

2.  In Re: Emery Williams, an alleged protected person - 070372 - Petitioner Billy R. Williams appeals the circuit court's order which adopted the mental hygiene commissioner's recommendation that respondent Ethel Cantley be appointed as guardian and conservator for his brother, a protected person. Petitioner, who is the protected person's son, asserts that he should have been appointed instead. -  Refuse 4 - 1,  Starcher.

3.  Eagle Research Corp. v. Emerson Electric Co. Daniels Industries,Inc., and Daniels Measurement Services, Inc. - 070374 - The jury in this case returned a verdict in favor of Eagle Research Corporation against all defendants. Based on post trial motions filed by the defendants, the trial court reduced damages for breach of the $4,000,000 purchase contract and reduced the jury's verdict by $1,897,915.46. Eagle Research Corporation requests that this Court grant its appeal and reinstate the jury's award of $1,897,915.46 for lost profits on the sale of communication devices and ten percent for interest.Grant  5 - 0.

4.  Eagle Research Corporation v. Daniels Measurement Services, Inc. - 070375 -Petitioner appeals from a judgment of $12,693,345 for Eagle Research Corporaton. Petitioner submits that this Court should set aside the judgment. -  Refuse  3 - 2,  Albright & Benjamin.

5.  Frank A. Savarese v. Allstate Insurance Co., Kim Jozsa, Lashwanda Carter & Kira Hill - 070490 - Plaintiff appeals the circuit court's order dismissing his lawsuit without prejudice for lack of subject matter jurisdiction. The lawsuit asserts first party bad faith and related claims. - Grant 3 - 2, Davis & Maynard.

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