This will be the 19th visit by the justices to WVU and Morgantown, and this year, newly elected Justices Margaret Workman and Menis Ketchum join them.
The high court will hear cases on hostile workplaces; wrongful death and negligence; venue, jurisdiction and the destruction of evidence; and proper use of the West Virginia Consumer Credit and Protection Act. The justices will hear cases from 10 a.m.-noon in the Marlyn E. Lugar Courtroom at the College of Law .
The justices will also rule on the appellate-advocacy skills of two second-year law students in the colleges annual George C. Baker Cup moot court competition beginning at 1:30 p.m. in the courtroom.
Both events are open to the public.
- Sue J. Erps and William G. Erps v. West Virginia Human Rights Commission, et al. Sue J. Erps and William G. Erps, doing business as Improvements Unlimited, appeal a Human Rights Commission order, which affirmed the decision of a commission administrative law judge. The judge concluded that Improvements Unlimited had subjected Victor T. Peoples to a hostile work environment, racial discrimination, retaliatory discharge and retaliation for filing this complaint. Improvements Unlimited appeals issues of liability and damages.
- Russell Stuyvesant, Administrator v. the Preston County Commission. Russell Stuyvesant, as administrator of the estate of Timothy Daft, appeals the circuit courts order dismissing his wrongful death and negligence action based upon the statute of limitations. He asserts application of the discovery rule.
- State of West Virginia v. Michael S. Hutzler. Defendant appeals following his guilty plea to felony destruction of property, having reserved the right to appeal two issues related to the circuit courts denial of his motion to dismiss. Defendant raises issues related to venue, jurisdiction and the destruction of evidence. Defendant seeks a reversal of the circuit courts decision and a dismissal of the indictment.
- Dans Carworld, LLC v. David Serian. Defendant/counterclaim plaintiff David Serian appeals the circuit courts order granting summary judgment in favor of plaintiff/counterclaim defendant Dans Carworld, doing business as Dan Cavas Toyota World. Serian asserts, among other things, that the court incorrectly ruled that the West Virginia Consumer Credit and Protection Act does not apply to this case involving an auto loan payoff figure used in documents for the purchase of a new vehicle.
Visit http://www.courtswv.gov/supreme-court/calendar/2009/dockets/march10_09ad.htm for a more detailed look at the cases.
During the moot court competition , two finalists argue before the justices.
In 1926, George Coleman Baker, a distinguished Morgantown lawyer and graduate of the Class of 1886, presented a silver-plated loving cup to the College of Law. The purpose of the cup was to promote excellence in appellate advocacy. The cup was awarded each year to the club court team winning the interclub competition. The club court teams eventually disbanded.
The Baker Cup competitions of today were revived in 1968 when then-Dean Paul Selby discovered the silver cup in the basement of the old law school. He reinstituted the competition, which has developed into one of the most highly prized awards to be won by law school students. Selby persuaded Judge Charles G. Baker, Class of 1913 and son of the Baker Cup donor, to present it annually to the winner of the moot court competition, which he graciously continued to do until his death in 1981.
In 1980, the Baker Cup Endowment was created to provide cash prizes and commemorative plaques for the winning participants. Judge Bakers daughters, Betty Sue Armistead and Mary-Jane Baker English, established this endowment.
Since 1982, the Baker Cup Competition has been open to all second-year students. Baker Cup Competition requires each student entrant to write an appellate brief and to present oral arguments on both sides of the issue.