Argument
Docket Tuesday, January 27, 2009
Please Note: # 4. Howard J. Trickett, et al. v. Gianola, Barnum & Wigal, LC - 34141
- will be called immediately following the Motion Docket
1. Secretary of the WV Dept. of Environmental Protection v. Goals Coal Co., et al. - 34138 - Petitioner appeals from the circuit court's final order affirming the decision of the Surface Mine Board in this administrative appeal. Respondent sought to build a coal storage silo within 300 ft. of an elementary school, and the Surface Mine Board concluded that the proposed site was within the permit area of the relevant permit. - Continued to April 8.
- Circuit Court Order
- Appellant's Brief
- Appellee's Brief (Goals Coal)
- Appellee's Brief (Environmental Protection)
- Reply Brief
2. SER Department of Health and Human Resources v. Hon. Louis Bloom, Judge - 34582 - Petitioner seeks writ of prohibition to prohibit enforcement of the circuit court's order implementing a plan for redesigning delivery of behavioral health services in state institutions. Petitioner argues the circuit court violated the separation of power between the executive and legislative branch by encroaching how Traumatic Brain Injury service programs are funded.
3. Kasserman and Bowman, PLLC v. Jane L. Cline - 34140 - Petitioner seeks Declaratory Relief to obtain a judicial determination as to whether West Virginia Code §23-5-16 permits a twenty percent contingency fee to be awarded upon: (1) the settlement of medical benefits in a workers' compensation claim; and (2) additional permanent total disability benefits awarded for an earlier onset date as a result of litigation or appeals on behalf of a claimant for the statutory maximum period of 208 weeks per award. The Kanawha County Circuit Court granted summary judgment in favor of the Insurance Commissioner and found that the Code does not permit a twenty percent contingency fee.
4. Howard J. Trickett, et al. v. Gianola, Barnum & Wigal, LC - 34141 - David J. Trickett appeals the circuit court's order which determined how settlement proceeds should be disbursed. - This case will be called immediately following the Motion Docket.
Justice McHugh disqualified. Judge Swope sitting by temporary assignment.