Articles Posted in Supreme Court of Appeals of West Virginia

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In 2013, the decedent filed a complaint alleging violations of the West Virginia Consumer Credit and Protection Act and other causes of action against Respondent, Professional Bureau of Collections of Maryland, Inc. After the decedent died in 2014, Respondent filed a motion for summary judgment arguing that the decedent’s claims under the Act did not survive his death pursuant to W. Va. Code 55-7-8a(a) because the claims were personal to the consumer who owed the debt and that the decedent’s estate did not have standing to bring a claim under the Act because an estate is not a natural person under the Act. Petitioner, the executrix of the estate of the decedent, moved to substitute the decedent’s estate as plaintiff. The circuit court granted summary judgment in favor of Respondent, concluding that the decedent’s estate lacked standing to maintain a private right of action as a “consumer” within the meaning of the Act. The Supreme Court affirmed, holding that a claim brought under W. Va. Code 46A-2-127(c) of the Act is not sufficiently analogous to a claim for fraud so that the claim survives the death of the consumer pursuant to section 55-7-8a(a). View "Horton v. Professional Bureau of Collections of Maryland" on Justia Law

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The decedent in this case executed two wills, the first in West Virginia in 2012 and the second in New York in 2014. The named executor of the West Virginia will (Plaintiff) filed a complaint in a West Virginia circuit court challenging the validity of the New York will. The executrix of the New York will (Defendant) moved to dismiss the complaint on jurisdictional grounds. Specifically, Defendant argued that the West Virginia Court lacked jurisdiction because a New York probate court had already decided the New York will was valid. The circuit court granted the motion to dismiss. The Supreme Court reversed, holding (1) the final order from the New York court did not foreclose further inquiry into the decedent’s will by a West Virginia court; (2) Defendant’s contention that Plaintiff’s only avenue to challenge the probate of the New York will in West Virginia was before the county commission was unavailing; and (3) Plaintiff pled sufficient facts to demonstrate that the probate of the New York will was improper. View "Mason v. Torrellas" on Justia Law

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After a bench trial, the circuit court concluded that Bernard Bossio had proven that the parties in this case intended to enter into and were bound by the terms of a 1990 stock purchase agreement requiring the Estate of Luigi Bossio to sell to Bossio Enterprises the corporate shares owned by Luigi Bossio at the time of his death in 2007. The Supreme Court affirmed, holding that the circuit court did not commit clear error in concluding that Bernard Bossio proved, with clear and convincing evidence, the terms of the 1990 stock purchase agreement. View "Estate of Luigi Bossio v. Bossio" on Justia Law

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Plaintiffs, Murl Tribble and Janet Sargent, and Defendant, Polly Pickens, were three adult sisters involved in a dispute over the Estate of their deceased mother. Plaintiffs alleged (1) beginning at the time of their father’s death, Defendant engaged in a scheme to convert their mother’s property to her own use, to the prejudice of the Estate and Plaintiffs as beneficiaries; and (2) Defendant attempted to deal her scheme by not disclosing non-probate assets while acting as executrix of their mother’s estate. The jury awarded Plaintiffs damages in the amount of $94,124, which the circuit court directed to be paid into the Estate. Defendant filed a motion for a new trial, which the circuit court denied. The Supreme Court affirmed the denial of Defendant’s motion for a new trial, holding (1) Defendant’s argument that the Supreme Court should dismiss this action as untimely was without merit; (2) the circuit court did not err in entering judgment as a matter of law to the effect that a fiduciary relationship existed between Defendant and her mother; and (3) Plaintiffs established a sufficient factual basis for their claims of breach of fiduciary duty, tortious interference with Plaintiffs’ expectancy, conversion, constructive fraud, and actual fraud to go to the jury. View "Pickens v. Tribble" on Justia Law