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Supreme Court of Appeals of West Virginia to Hear Arguments at WVU Law on March 5

MORGANTOWN, W.Va. — The Supreme Court of Appeals of West Virginia will convene at WVU Law on March 5 to hear arguments in three cases.

The court convenes at 10 a.m. in the Marlyn E. Lugar Courtroom. Admission is free and the court’s session is open to the public. Seating begins at 9 a.m.

In Heather Humphrey, et al. vs. Westchester Limited Partnership, et al. the justices will hear arguments in a case that involves a wrongful death action filed against the operators of a bar and grill in Fairmont.

The second case before the justices will be Certegy Check Services Inc. vs. Janice Fuller. It is a Motion to Compel Arbitration case involving the payment of a hotel bill with convenience checks and subsequent letters and calls from a collection agency.

In the final case, Michael D. Michael, Administrator, et al. v. Consolidation Coal Company, the justices will seek to answer questions from the U.S. Court of Appeals for the Fourth Circuit about a fraudulent concealment claim involving wrongful death. The plaintiffs in this class action are the survivors of 78 coal miners killed in an explosion at the Consol No. 9 mine in Farmington in 1968.

The Justices of the Supreme Court of Appeals of West Virginia are Chief Justice Elizabeth D. Walker, Margaret L. Workman, Tim Armstead, Evan H. Jenkins, and John A. Hutchison. Armstead, Hutchison and Workman are graduates of the WVU College of Law. Judge H. Charles Carl of West Virginia’s 22nd Judicial Circuit will sit in on the third case for Workman, who has voluntarily recused herself.

The Supreme Court’s session will be preceded by a Girl Scout Color Guard from Troop 51446 that meets at Mountainview Elementary School in Morgantown. Walker is a lifelong Girl Scout, former chairwoman and current member of the board of directors of Girl Scouts of Black Diamond Council.

Attendees to the Supreme Court hearings should be seated by 9:50 a.m. Business attire is expected and backpacks/book bags are not allowed in the courtroom. Visitors must enter or exit the courtroom between cases to avoid disruption.

The justices will re-convene in the Lugar Courtroom at 1 p.m. on March 5 to judge the final round of the George C. Baker Moot Court Competition. Admission to the Baker Cup final is free and open to the public.

The annual competition between second-year law students is traditionally judged by the Supreme Court justices. This year’s question addresses whether a state university was justified in terminating the employment of a professor based solely on a controversial blog post related to his area of expertise at the school.



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