Refuse 5-0 Petition for a Writ of Prohibition in SER Gregory Harbaugh v. The Honorable John Lewis Marks, Jr. , No. 992429. This matter involves claims for legal malpractice being asserted in a Third Party Complaint by a medical corporation. The underlying cases upon which the malpractice claims are based were settled prior to the filing of the Third Party Complaint.
Petitioners assert that the lower court is without jurisdiction.
Refuse 5-0 Petition for Writ of Prohibition in SER Ranger Ins. Co. V. The Honorable John T. Madden , No. 992434. Petitioner seeks to prevent Judge Madden from enforcing an Order imposing default judgment against Petitioner on the issue of liability with regard to bad faith under the West Virginia Unfair Trade Claim Settlement Practice Act. Default judgment resulted from the fact that Petitioner's lead counsel did not receive an Order denying its motion to dismiss an amended pleading. Thus, counsel failed to file timely an answer to the amended pleading.