Justia Injury Law Opinion Summaries

The West Virginia Medical Imaging & Radiation Therapy Technology Board of Examiners appealed an order of the circuit court. In the order, the court reversed the Board's decision to suspend Appellee Kenneth Harrison's medical license. The Board issued a final administrative decision that found Dr. Harrison practiced outside the scope of his medical imaging and radiation therapy license when he administered intravenous allergy medicine to a patient without the treating physician's involvement. Upon careful consideration of the arguments and the applicable legal authority, the Supreme Court reversed the lower court's decision.

Appellants Farouk Abadir, Hosny Gabriel, Ricardo Ramos, Alfredo Rivas and Michael Vega sued their former attorney Mark Dellinger and his law firm Bowles Rice McDavid Graff & Love, LLP because Mr. Dellinger settled a case in which they were all defendants without their consent. The circuit court dismissed the case, concluding that the Supreme Court had already decided that Mr. Dellinger had the âapparentâ authority to settle. Furthermore, the court held that the doctrine of collateral estoppel precluded Appellants from challenging what Mr. Dellinger had done. In this latest appeal, Appellants alleged that the circuit court erred in granting Mr. Dellingerâs motion to dismiss because the court failed to distinguish between the âactualâ and âapparentâ authority an attorney had to settle a case. After a thorough review of the record, the Supreme Court agreed, and held that the circuit court erred in granting Mr. Dellingerâs motion to dismiss. The Court remanded the case to the circuit court for further proceedings.

Petitioner The Lincoln Journal, Inc. sought a writ of prohibition against the Honorable Jane Hustead, to prevent an order to compel the revelation of alleged confidential and First Amendment privileged news sources and news gathering materials. Respondents Timothy Butcher and Bobby Adkins filed suit against the Journal alleging that eleven news articles that reported on the 2008 Lincoln County Primary Election were defamatory. These articles reported an ongoing investigation into alleged campaign law violations, including allegations that election laws were violated by individuals who funneled or received thousands of dollars in support of candidates backed by Dan Butcher. The circuit court ordered production of the Journalâs sources. Petitioner asserted that if forced to produce the privileged documents, the resulting breach of confidentiality and exposure of the news gathering materials would be severe and irreparable. The Supreme Court had original jurisdiction over the case, and found that the circuit court erred by compelling the Journal to reveal its sources and news gathering materials. The Court granted the writ of prohibition, and remanded the case for further proceedings.