Authors: Kristen M. Leddy, Russell S. Sobel, Matthew T. Yanni
| State High Court | Judicial Selection Process | Legal Authority |
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General
Interim Vacancies
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Latest News
- As attacks on judges increase, WV State Bar to consider resolution protecting judicial independence - West Virginia Watch
- Supreme Court of Appeals Div. 1 candidate: Todd Kirby - WV News
- Supreme Court of Appeals Div. 1 Candidate: H.L. Kirkpatrick - WV News
- Supreme Court of Appeals Div. 1 candidate: Gerald Titus - WV News
- Justices - 2026 - WV News
- Supreme Court of Appeals Div. 2 Candidate: Bill Flanigan - WV News
- Supreme Court of Appeals Div. 1 Candidate: Laura Faircloth - WV News
- WVU law students to compete in 100th Baker Cup Moot Court at West Virginia Supreme Court - WV News
- Judge Nines to sit on W.Va. Supreme Court for one case - WDTV 5
- Report: Tax deduction could add 5,000 jobs annually in West Virginia - WV News
Scholarship & White Papers
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CAPERTON Decision Prompts Changes to Judicial Recusal Standards and Procedures
In June of 2009, the Supreme Court decided the case Caperton v. A. T. Massey Coal Co.1 The Court ruled, in a 5-4 decision, that the due process clause of the 14th Amendment is violated when a judge denies a recusal motion based on the judge’s benefit of “extraordinarily large” campaign contributions or independent expenditures from the opposing party.2 Before this ruling, the 14th Amendment required recusal only when the judge had a financial interest contingent on the outcome of the case, or if the judge had participated in a previous stage of the case and was likely biased from that participation.
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West Virginia Court Expands COPPERWELD Doctrine
In the 1984 case Copperweld Corp. v. Independence Tube Corp.,1 the United States Supreme Court forever altered antitrust law by holding that a parent company cannot conspire with one of its wholly owned subsidiaries such as to violate Section 1 of the Sherman Act.2 Since that time, lower courts have been left to decide the scope of what has become known as the Copperweld Doctrine. A recent decision of the Supreme Court of Appeals of West Virginia clarified just how far the Copperweld Doctrine extends within West Virginia’s own antitrust law jurisprudence.


Supreme Court of Appeals of West Virginia