In this appeal from the Circuit Court of Kanawha County, we are asked to review an order that dismissed the complaints filed by over a thousand railroad employees against their railroad employers. These employees contend that they have claims for relief under the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq. The parties stipulated that all of the employees reside outside of West Virginia, and stipulated that all of the employees' injuries occurred outside of West Virginia....  

This is an appeal by Fenton Art Glass Company (hereinafter "employer") from a final order of the Workers' Compensation Board of Review (hereinafter "BOR"), dated May 30, 2006, which affirmed an interlocutory order of the Workers' Compensation Office of Judges (hereinafter "OOJ") dated September 4, 2003, and which reversed and vacated the final order of the OOJ dated December 15, 2003. The BOR furthermore granted to the claimant, Jack L. Garrison (hereinafter...  

The petitioner herein, the Tucker County Solid Waste Authority (hereinafter "TCSWA"), requests this Court to issue a writ of prohibition against the respondent herein, the West Virginia Division of Labor (hereinafter "DOL"), to prevent the DOL from continuing administrative proceedings against it. Specifically, the TCSWA wishes to prohibit the enforcement of a DOL administrative order, entered June 29, 2007, which found the TCSWA did not pay certain temporary workers the...  

The instant action is before this Court upon the appeal of Kathleen Rosen from an October 24, 2006, order entered by the Circuit Court of Monongalia County denying her petition for appeal. The matter came before the circuit court upon Kathleen Rosen's appeal from an August 9, 2006, Order Retaining Jurisdiction Over Child Custody entered by the Family Court of Monongalia County. The circuit court affirmed the ruling of the family court retaining West Virginia jurisdiction over the child custody...  

In this appeal, the appellant and plaintiff below, Linda Muto, appeals the January 16, 2007, order of the Circuit Court of Grant County that dismissed her amended complaint against the appellees and defendants below, Larry Scott, individually, Larry Scott Ltd. Co., and Larado Construction Sales, LLC, after finding that the appellant's amended complaint did not relate back to her original complaint. As a result, the circuit court found that the amended complaint was untimely. After careful...  

The instant action is before this Court upon the appeal of Joshua C. Wears [hereinafter "Appellant"] from a December 28, 2006, sentencing order sentencing him to not less than one nor more than five years in the State penitentiary, with credit for two hundred sixteen (216) days time served upon a conditional guilty plea to one count of Third Degree Sexual Assault. Herein, the Appellant alleges that he is entitled to additional days of credit for time served. Additionally, he alleges...  

Appellants herein and defendants below, Belk Incorporated, Crown American Crossroads, LLC, d/b/a Crossroads Mall and Newport Trading Company Inc., seek reinstatement of a jury verdict rendered in their favor after an eight day trial in this personal injury action. Upon motion by the appellees, the Circuit Court of Raleigh County set aside the jury's verdict and ordered a new trial finding the original jury verdict was against the clear weight of evidence. Appellants argue the circuit court...  

This case, concerning the indefinite suspension of a deputy sheriff from his employment, is before this Court upon the appeal of Lonnie Hannah, Sheriff of Mingo County, West Virginia, from the final order of the Circuit Court of Mingo County entered on January 30, 2007. Pursuant to that order, the Circuit Court affirmed the decision of the Mingo County Civil Service Commission for Deputy Sheriffs reinstating the appellee, Sergeant Glen Messer, to his former rank and position in the Sheriff's...  

This case is before us on appeal for a second time. In the first appeal (hereinafter "Messer I"),1 we reversed the dismissal by the lower court of Theresa D. Messer's discrimination suit based on handicap. Ms. Messer (hereinafter "Appellant") now appeals from the January 11, 2007, order of the Circuit Court of Cabell County granting summary judgment to the defendants below. The defendants named in Appellant's suit are her previous employer, Huntington Anesthesia Group, Inc....  

These two appeals from "flood litigation" cases have been consolidated for argument and decision. In one case we hold that a jury's determination was valid. In the other case, we hold that the lower court's dismissal of the case for failure to state a claim was erroneous... I... Both of the instant appeals involve claims for injuries and damages resulting from flooding that occurred on July 8, 2001, in southern West Virginia — flooding that the plaintiffs allege was caused or...  

The petitioner herein, the Tucker County Solid Waste Authority (hereinafter "TCSWA"), requests this Court to issue a writ of prohibition against the respondent herein, the West Virginia Division of Labor (hereinafter "DOL"), to prevent the DOL from continuing administrative proceedings against it. Specifically, the TCSWA wishes to prohibit the enforcement of a DOL administrative order, entered June 29, 2007, which found the TCSWA did not pay certain temporary workers the...  

This is an appeal by SWVA, Inc. (hereinafter "Appellant"), from a decision of the Workers' Compensation Board of Review (hereinafter "BOR") which authorized digital hearing aids for Mr. Elmer Adkins, Jr., a workers' compensation claimant employed by the Appellant. The Appellant contends that the BOR ruling is plainly wrong in view of reliable evidence and requests reversal by this Court. Specifically, the Appellant maintains that the evidence fails to establish that digital...  

These consolidated cases are before this Court upon appeal of a final order of the Public Service Commission (hereinafter, the "Commission"). The appellant, Mountain Communities for Responsible Energy (hereinafter, "MCRE"), a nonprofit group, and co-appellants Alicia A. and Jeffrey C. Eisenbeiss, two local property owners, appeal the Commission's January 11, 2007, final order denying their petitions for reconsideration of its August 28, 2006, order, which conditionally granted...  

Llewellyn M. Wilkinson, the appellant and claimant below (hereinafter "claimant"), appeals a final order of the Workers' Compensation Board of Review (hereinafter "BOR") dated August 21, 2006. In that order, the BOR affirmed a decision of the Workers' Compensation Office of Judges (hereinafter "OOJ") denying the compensability of the claimant's psychiatric condition. In this appeal, the claimant contends that she has major depression and a pain disorder as a result of...  

The instant appeal arises from the Circuit Court of Kanawha County's application of the West Virginia Architect and Builder's Statute of Repose, W. Va. Code §55-2-6a (1983),1 to dismiss, upon a motion for summary judgment, all claims asserted by appellants Jerry Neal and Karen Neal (hereinafter collectively referred to as "the Neals") against appellee J.D. Marion (hereinafter "Marion") in this civil lawsuit. In the underlying action, the Neals, subsequent purchasers of a...  

The instant action is before this Court upon the appeal of John S. Guido [hereinafter "Appellant"] from an April 12, 2007, order entered by the Circuit Court of Marion County denying Appellant's Motion for Reinstatement of Appeal, and in the Alternative, Motion for Reconsideration due to Appellant's failure to serve his petition upon Kendra Guido and the Bureau of Child Support Enforcement ["hereinafter BCSE"] as required by West Virginia Code §51-2A-11(b) (2001). Herein,...  

The appellant, Richard Crea, husband of appellee, Sandra Crea,1 appeals the Circuit Court of Jefferson County's March 29, 2007, dismissal of his petition for appeal from a January 19, 2007, Final Divorce Order entered by the Family Court of Jefferson County. Conversely, Ms. Crea argues that Mr. Crea's petition for appeal was properly dismissed on the merits and further maintains that Mr. Crea's petition was not timely filed with the circuit court. Based upon the parties' briefs and arguments in...  

This appeal is from a declaratory judgment action instituted by the appellees asking the Circuit Court of Mineral County to construe the will of Luetta Dantzic Emmart Miller (hereinafter "Mrs. Miller" or "decedent"). Timothy Dantzic (hereinafter "appellant" or "executor"), Executor of the Estate of Luetta Dantzic Emmart Miller, appeals from two orders rendered February 7, 2007. By those orders, the circuit court found that Mrs. Miller died partially testate and...  

The instant action is before this Court upon the appeal of Deborah May [hereinafter "Appellant"] from a January 19, 2007, order entered by the Circuit Court of Kanawha County affirming the Board of Review's final order denying the Appellant's unemployment claim. Herein, the Appellant alleges that because substantial unilateral changes in the terms of her employment instigated by her employer necessitated her resignation, the lower tribunals erred in denying her unemployment claim...  

The instant action is before this Court upon the appeal of Bernard J. Folio and Grandeotto, Inc.1 [hereinafter "Appellants"] from a March 13, 2007, order granting Harrison-Clarksburg Health Department's and Harrison-Clarksburg Board of Health's2 [hereinafter "Appellees"] Motion for Summary Judgment. On appeal, the Appellants allege that errors were committed by the circuit court in its finding that no legal announcement of competitive bidding is necessary when a local combined...