Joseph P. Albright

This case involves a dispute over an 1898 oil and gas lease on an 850-acre tract in West Virginia, where the lessor seeks partial rescission due to the lessee's alleged failure to fully develop the property with additional wells. The trial court dismissed the claim for partial rescission, finding it duplicative of previously rejected remedies like forfeiture. The Supreme Court reversed, holding that the trial court should first impose a reasonable time period for the lessee to attempt further development, and only if that fails and the lessor proves breach of an implied development covenant or extreme hardship, may partial rescission be granted to allow development by others.

propertybusiness & regulatory

This case involves a workers' compensation claim filed by John Lovas against self-insured employer Consolidation Coal Company for a 1999 back injury that was ruled compensable and resulted in a permanent partial disability award. The claim was administratively closed in 2006 under West Virginia regulation 85 CSR § 1-13.1 after more than six months had passed without authorized medical treatment, and both an administrative law judge and the Workers' Compensation Board of Review upheld the closure over the claimant's objection that the regulation conflicted with West Virginia Code § 23-4-16(a)(4). The Supreme Court of Appeals of West Virginia reversed the Board of Review and remanded the matter, concluding that the regulation is inconsistent with the statute because it shortens the five-year period during which a claim remains eligible for additional benefits without treatment. The court directed that affected claimants receive notice clarifying that administrative closures do not bar claims still active under the statutory five-year rule and that requests for benefits following such closures will not count against statutory reopening limits.

labor & employmentprocedure

The case involved a juvenile defendant transferred to adult criminal jurisdiction solely on a first-degree robbery charge arising from a violent incident that left the victim in a persistent vegetative state. After the grand jury indicted him on three additional charges—conspiracy to commit first-degree robbery, malicious assault, and conspiracy to commit malicious assault—the defendant moved to dismiss those counts, arguing the trial court lacked jurisdiction because they were not addressed at the transfer hearing. The circuit court denied the motion, allowed trial on all counts, and convicted the defendant on every charge. The West Virginia Supreme Court of Appeals affirmed, holding that when transfer is mandatory under the applicable statute, the state may bring additional charges by indictment as long as they flow from the same factual allegations presented at the transfer hearing.

criminal lawprocedure

The case involved a sheriff who refused to sign checks approved by the Mingo County Commission for emergency flood cleanup services performed by 263 Towing and Marcum Trucking, citing concerns over invoice legitimacy and ongoing federal investigations into possible fraud. The companies petitioned for writs of mandamus, which the circuit court granted along with awards of attorney fees and prejudgment interest, directing the sheriff to make the payments. On appeal, the Supreme Court of Appeals of West Virginia reversed, holding that the sheriff's duty as county treasurer to sign such checks is not nondiscretionary or ministerial when questions exist about the claims, and that the lower court erred in finding a clear legal duty and in awarding fees and interest without proper findings. The matter was remanded for further proceedings consistent with the opinion's guidance on the limits of mandamus and the conditions for fee and interest awards.

procedurebusiness & regulatory

In Horkulic v. Galloway, the plaintiffs sued their former attorney for legal malpractice in missing the statute of limitations on auto accident claims and asserted a related bad faith claim against the attorney's insurer, TIG Insurance Company, which had provided a professional liability policy. The parties discussed a settlement under which TIG would pay policy limits, the attorney would confess judgment for a larger amount, and the plaintiffs would forgo execution against the attorney personally, but TIG objected to the confessed judgment portion. The circuit court granted the plaintiffs' motion to enforce the settlement after a hearing and awarded attorney fees. On appeal, the Supreme Court of Appeals of West Virginia affirmed that a valid and enforceable settlement agreement had been reached, while granting a writ of prohibition on the attorney fees issue and remanding for further proceedings on that question.

proceduretorts & liabilitybusiness & regulatory

This case involved a property owner suing a water company and its contractors for damage to his land from a 1999 water line installation project, which he claimed caused ongoing erosion and landslides. The circuit court granted summary judgment to the defendants on statute of limitations grounds, and the Supreme Court of Appeals of West Virginia affirmed. The two-year limitations period for property damage claims began to run no later than 2002 when the plaintiff observed major slips and learned the identities of the parties involved. The court held that the continuous tort doctrine did not apply because the defendants had no ongoing duty after completing the project, and the discovery rule was inapplicable since the plaintiff had timely notice of the harm without any concealment by the defendants.

propertytorts & liabilityprocedure