Courts & Litigation

Airgas v. Lowe - Workers' Compensation Appeal

The West Virginia Intermediate Court of Appeals affirmed a Workers' Compensation Board of Review order that reversed a claim administrator's denial of benefits for Joshua Lowe. Airgas Mid America, the employer, appealed the decision. The court found no substantial question of law or prejudicial error.

WV DMV v. Perez - Chemical Test Refusal Appeal Dismissal

The West Virginia Intermediate Court of Appeals dismissed the DMV's appeal of a lower court's decision to dismiss the DMV's appeal of a magistrate court's ruling on a chemical test refusal. The court found the DMV lacked statutory authority to appeal such matters.

Cynthia Griffith v. Alpha Natural Resources, Inc. - Fatal Dependent Benefits

The Intermediate Court of Appeals of West Virginia affirmed a prior order rejecting a claim for fatal dependent benefits filed by Cynthia Griffith, dependent spouse of deceased worker James Griffith. The court found no substantial question of law or prejudicial error in the Workers' Compensation Board of Review's decision.

City of Wheeling v. Cody Melsop - Workers' Compensation Appeal

The Intermediate Court of Appeals of West Virginia affirmed a decision reversing the denial of a firefighter's claim for a right knee medial meniscal tear and temporary total disability benefits. The court found no substantial question of law or prejudicial error in the Workers' Compensation Board of Review's order.

Gracious Dining LLC v. Lopez - Workers' Compensation Appeal

The Intermediate Court of Appeals of West Virginia affirmed a decision by the Workers' Compensation Board of Review. The court found no substantial question of law or prejudicial error in the Board's reversal of a claim administrator's order that had rejected Miriam Lopez's workers' compensation claim against Gracious Dining LLC.

Urquia v. Neal - Dissenting Opinion on UM Statute Application

A dissenting opinion in the Urquia v. Neal case argues against the trial court's interpretation of Tennessee's uninsured motorist (UM) statute. The dissent contends that the statute's plain language, specifically section (d), should have been applied based on the process server's notation of 'NOT TO BE FOUND AFTER DILIGENT SEARCH AND INQUIRY,' rather than requiring further action or reissuance of summons.

Capps v. OneCare Dental Solutions LLC - Fiduciary Duty Breach

The Tennessee Court of Appeals affirmed a trial court's judgment against Deborah McGilton for breaching her fiduciary duty as a member of OneCare Dental Solutions LLC. McGilton unilaterally sold company assets for $70,000 while securing personal employment, despite previous valuations suggesting a much higher worth. The court found the trial court properly adopted the Special Master's findings.

Emerson v. Emerson - Appeal Dismissed for Untimely Filing

The Tennessee Court of Appeals dismissed an interlocutory appeal in the case of Emerson v. Emerson due to the appellant's untimely filing. The appeal sought to challenge a trial court's order denying a motion for recusal. The court found it lacked subject-matter jurisdiction because the appeal was filed after the deadline stipulated by Tennessee Supreme Court Rule 10B.

Court of Appeals Dismisses Recusal Motion Appeal

The Tennessee Court of Appeals dismissed an appeal concerning a motion to recuse a trial judge in the case of Isaiah M. The court found that issues related to the recusal denial could be raised in the appeal of the final judgment, rendering the immediate appeal unnecessary.

Great-Grandmother's Parental Rights Termination Appeal Affirmed

The Tennessee Court of Appeals affirmed a trial court's decision denying a great-grandmother's petition to terminate a mother's parental rights. The appellate court found that while grounds for termination existed, it was not in the child's best interest.