West Virginia Home Cooking

[Stallion]

in a politically unimpeacheable decision sure to result in reelection, West Virginia Circuit Court refuses to stay West Virginia's lawsuit. West Virginia suit set for trial while Rhode Island suit is not.

http://www.wsaz.com/news/headlines/1325 ... tion=story

[CalallenStang]

This is precisely the reason why WVU spent so much time trying to prove WVU is legally the State of West Virginia and that West Virginia court had sole original jursidiction.

They also requested jury trial in their original filing. That jury would be stacked with people who bleed blue and yellow.

Stallion / other lawyers, I'd love to know the answer to this question. Is there any possible way the Big East could successfully petition for removal to federal court? I know that the WVU filings state that WVU is not a "citizen" of West Virginia because it is essentially the State of West Virginia, which I read as an attempt to reject removal by ruling out diversity jurisdiction. But I am no lawyer, so essentially all that I know is what I've read.

[Stallion]

I'd have to recheck the removal statutes but there are some pretty short deadlines that I'm almost certain have passed. I think its 30 days. Court is supposed to determine jurisdictional issues first. I wondered a long time ago why that wasn't pursued. No federal question jurisdiction that I can see so the only remaining ground would be diversity of citizenship. While I've had several removal cases I've never had a State involved so I'm not sure how a State is considered for diversity purposes. But West Virginia is a state university and definitely considered a Division of the State for sovereign immunity purposes-See Texas Tech lawsuit.

[East Coast Mustang]

30 days is removal deadline typically, right?

[Stallion]

yeah that's what I added--there's a trick in there some where on calculation-See 28 USC 1446(b)

http://openjurist.org/title-28/us-code/ ... or-removal

[Stallion]

This should speed mediation. The strategy has always been to get a final, appealable order before the Rhode Island suit. If West Virginia rules first and declares that West Virginia is free to leave for Big 12 then any appeal would probably go beyond the current 2012 season so West Virginia could de facto make its move unless the Big east comes up with some procedural manuver like expediated appeal or perhaps a mandamus action of some kind

[East Coast Mustang]

Explain this to a non-lawyer- why wouldn't the BE have removed to federal court before the 30 day deadline expired? If they knew they were being sued by WVU in WV State Court, would this not have been the logical first step, to have gotten it out of WV courts and into a more equitable federal courtroom?

[1983 Cotton Bowl]

I'm sure WVA's status as a division of the state had something to do with not removing. I can't imagine counsel for the BE didn't look at that option.

The BE stands absolutely no chance in WVA court. Most corrupt and politicized state judiciary in the nation. And their juries are where justice goes to die.

[CalallenStang]

Thanks for the answers, Stallion et. al. (hey, I know some lawyer talk )

What's the best path forward for the Big East at this point?

[lwjr]

I'm sure WVA's status as a division of the state had something to do with not removing. I can't imagine counsel for the BE didn't look at that option.

The BE stands absolutely no chance in WVA court. Most corrupt and politicized state judiciary in the nation. And their juries are where justice goes to die.

"The most corrupt and politicized state judiciary in the nation".
1983 Cotton Bowl, I am not a lawyer but if that statement is true our judicial system is in worst shape than I thought!

[1983 Cotton Bowl]

The US Supreme Court ruled on a judicial recusal case out of West Virginia a couple of years ago. The facts of that case are astounding and give you an idea of how money and politics work at the WVA Supreme Court. The actual opinion is pretty long but here is synopsis:

http://en.wikipedia.org/wiki/Caperton_v ... ey_Coal_Co.

Back in my litigation days, I defended a case once where a co-defendant was represented by an attorney from WVA. I vividly remember his war stories about practicing there. I took my share of home-town and politically-connected beatings as a Texas attorney. But the stories he told about the influence-peddling and home cooking in WVA blew my mind.

[EastStang]

WV is one of the best plaintiff's case states in the Union. The Bubbas and Sallie Maes there give huge damage awards to anyone who asks. Which of course reinforces the ultimate question if you get a divorce in WV are you still kin?

[redpony]

So if the BEAST gets screwed by the 'couch burner courts' I hope they file a suit against the big whoren and little beatches confernce for interference or what ever. They need to make this ugly and messy or some of the others will jump at the first opportunity.

GO PONIES!!!