West Virginia University - News and Information Services
State Supreme Court to convene at WVU for cases, student competition
The state’s high court is making its annual visit to West Virginia University this month to hear cases on medical malpractice, second-degree murder and whether or not pharmacies should legally be known as “health care providers” in the Mountain State.
West Virginia’s Supreme Court of Appeals will hear cases from 10 a.m.-noon Tuesday, March 13, in the Marlyn E. Lugar Courtroom at the College of Law. The justices will also rule on the courtroom prowess of two second-year law students in the college’s annual Moot Court George C. Baker Cup competition beginning at 1:30 p.m. in the courtroom.
The public is invited to both events.
The cases:
- Estate of Alexia Sheree Fout-Iser, etc, et. al. v. John L. Hahn, M.D. et. al. – A circuit court earlier ruled against the plaintiffs in this wrongful death case, saying they lacked the expert testimony that was critical to their argument. They are appealing to the high court.
- Michael Worley, et. al. v. Beckley Mechanical Inc. – Did the statute of limitations for disability benefits run out for the plaintiff seriously injured in the workplace? And did the accident render him “insane,” as defined by state code?
- State of W.Va. v. Wade C. Davis – The defendant is appealing his conviction and sentence for second-degree murder. He’s seeking a reversal and a new trial.
- August Eugene Phillips, et. al. v. Larry’s Drive-In Pharmacy Inc. – The court will consider whether the defendant, a licensed pharmacy, is a “health care provider,” as defined by state code. A civil action was filed against the defendant earlier for alleged negligence in the dispensation of medication.
Visit http://www.state.wv.us/wvsca/calendar/march13_07ad.htm for a more detailed look at the cases.
This will be the 17th visit by the justices to WVU and Morgantown, and College of Law Dean John Fisher II says the annual appearances make both a vivid impression and a lasting learning experience.
“It’s important that students have the opportunity to get a first-hand look at the legal process,” Fisher said. “For most of our first-year students, this day means that it’s the first time they’ve seen that process in person, with the lawyers arguing and the judges interjecting. It’s a real educational opportunity.”
The education continues through the afternoon, when the court presides over the law school’s annual Baker Cup competition. That’s the event that pits two second-year students in a fictitious case that has real-world implications.
Nothing can compare, Fisher said, for the students arguing a case before the Supreme Court.
“It’s something a second-year law student is definitely not going to forget,” he said. “It’s exciting, anxiety-producing and rewarding, all at once. And that’s even for experienced lawyers. Our students really learn, and that’s what it’s all about.”
The competition was created in 1926 by George Coleman Baker, an 1886 graduate of the College of Law. His son, Judge Charles Baker, followed as an alumnus in 1913.
In honor of both men, Judge Baker’s daughters, Betty Sue Armistead and Mary-Jane Baker English, established the George C. Baker Cup Endowment in 1980.
WVU College of Law
Office: (304) 293-8278