Rory Perry: WVSCT OpinionsSummaries and links to the full text of opinions issued by the Supreme Court of Appeals of West Virginia.EMPLOYMENT, INSURANCE, WORKERS' COMPENSATION :: No action against third-party administrator- February 1, 2008 WETZEL v. EMPLOYERS SERVICE CORP. OF AMERICA, No. 33337 (Per Curiam)(Starcher, J., concurring in part and dissenting in part)(Albright, J., dissenting)(Maynard, J., concurring)(November 8, 2007). Affirming an order of the Circuit Court of Marshall County that granted summary judgment in favor of defendant below, ESC, a third-party administrator for a workers' compensation program. Holding that ESC, as an agent of the employer, is immune from common law actions pursuant to statutory immunity. ..http://www.state.wv.us/wvsca/Clerk/Recent/2008/02/01.html#a1318 EMPLOYMENT, HIGHER EDUCATION :: No bumping rights; no favoritism- February 1, 2008 FRYMIER v. GLENVILLE STATE COLLEGE, Nos. 32163 and 33296 (Per Curiam)(Starcher, J., dissenting)(Maynard, J., concurring)(Albright, J., dissenting)(October 12, 2007). Affirming orders of the Circuit Court of Gilmer County in a grievance appeal. Holding that the circuit court correctly determined that Ms. Frymier was not entitled to bumping rights under West Virginia Code 18B-7-1 and further that Glenville State College did not make its job retention decision based on favoritism. Holding that..http://www.state.wv.us/wvsca/Clerk/Recent/2008/02/01.html#a1317 EMPLOYMENT DISCRIMINATION :: Discrimination finding reversed- February 1, 2008 COLGAN AIR, INC. v. WEST VIRGINIA HUMAN RIGHTS COMMISSION and RAO ZAHID KHAN, No. 33355 (Per Curiam)(Starcher, J., concurring in part and dissenting in part)(Maynard, J., concurring)(Albright, J., concurring in part and dissenting in part)(October 25, 2007). Reversing an order of the Human Rights Commission finding liability for harassment and discrimination, after an administrative law judge found no discrimination. Holding that the HRC erred by imposing liability upon Colgan, where the...http://www.state.wv.us/wvsca/Clerk/Recent/2008/02/01.html#a1316 FAMILY :: Attorney fees and expert witness costs, intransigence- February 1, 2008 LANDIS v. LANDIS, No. 33333 (Per Curiam)(November 8, 2007). Reversing an order of the Circuit Court of Raleigh County that denied a request for attorney's fees and expert witness costs exceeding $300,000 in a divorce proceeding. Holding that the lower courts erred in relying solely on the appellant's ability to pay. After considering the entire record, concluding that there is substantial merit in the assertion that the appellee's intransigence increased the cost of litigation, and ordering..http://www.state.wv.us/wvsca/Clerk/Recent/2008/02/01.html#a1315 FAMILY :: Enterprise goodwill- February 1, 2008 HELFER v. HELFER, No. 33348 (Per Curiam)(November 8, 2007)(Rehearing denied, January 10, 2008). Reversing an order of the Circuit Court of Ohio County that denied a petition for appeal from a family court order regarding equitable distribution. Holding that the family court in failing to take into account the intangible asset of enterprise goodwill in the chiropractic practice. Remanding for further proceedings.http://www.state.wv.us/wvsca/Clerk/Recent/2008/02/01.html#a1314 |