Argument
Docket Tuesday, February 3, 2009
1. Darrell V. McGraw, Jr., Attorney General, et al. v. The American Tobacco Co., et al. - 33873 - Continued to February 24.
2. The Book Exchange, Inc. v. West Virginia University, et al. - 34162 - The Book Exchange, Inc. appeals from the Monongalia County Circuit Court's Order dismissing the plaintiff's Complaint per Rule 12(b)(6) of the West Virginia Rules of Civil Procedure. The petitioner initially brought a civil suit alleging tortious interference with business relations, various statutory violations, and civil conspiracy. - Continued to February 24.
- Circuit Court Order
- Appellant's Brief
- Appellee's Brief (WVU)
- Appellee's Brief (Barnes & Noble)
- Reply Brief
3. City of Bridgeport, et al. v. Robert Matheny - 34220 - Robert Matheny appeals the circuit court's declaratory judgment order which found that pursuant to W.Va. Code § 8-14-8, Matheny is disqualified from serving on the Bridgeport Police Civil Service Commission by virtue of his holding an "office" with the City of Clarksburg as a Clarksburg City Police Officer.
4. In the Matter of: The Adoption of Johanna D., Grant D. and Jameson D. - 34218 - Petitioner appeals from the circuit court's order denying his petition to adopt his three infant stepchildren. Petitioner asserts that the circuit court used the wrong legal standard in evaluating this case and failed to consider the best interests of the children.
5. Wells Fargo Bank, N.A. v. Up Ventures II LLC, et al. - 34265 - Wells Fargo Bank appeals the circuit court's adverse summary judgment order. The court concluded that the bank's petition to set aside a tax sale deed was filed beyond the statute of limitations of W.Va. Code § 11A-4-4(a). Wells Fargo asserts a lack of notice of the right to redeem, making constitutional and statutory arguments.
6. SER Office of Disciplinary Counsel v. Joan A. Mooney - 34592 - Petitioner seeks to hold Respondent in contempt of this Court's order entered 5/22/08, and to immediately suspend her law license.
7. SER Bruce E. Marcum v. Honorable Alfred E. Ferguson, Judge - 34590 - Pro se Petitioner seeks issuance of a writ of mandamus to compel the circuit court to rule on his habeas petition filed in January of 2008. - To be presented on briefs only without oral argument.
8. SER Freddie M. Jr., v. Hon. N. Edward Eagloski, II, Judge - 34625 - Petitioner seeks a writ of prohibition barring the circuit court from entering an order granting the Plaintiff below a six month post-adjudicatory improvement period and unsupervised visitation with her children where the Plaintiff below admitted to starving at least one of her other children, and two other children were diagnosed with Failure to Thrive due to malnutrition caused by the mother.
