WV Business Court has a high court known as the Supreme Court of Appeals. This court sits atop the state court system and is the highest court in the state. Businesses can file disputes before this court to get a fair trial. The appeals process can take years, so it is important to find an attorney experienced in dealing with this type of case. In some cases, businesses can even file for bankruptcy, which can be very costly.
The West Virginia Supreme Court of Appeals, which has the authority to create business courts in the state, has created a WV Business Court Division. The business court’s rule states that it will not handle consumer litigation, such as personal injury and wrongful death cases. The court also doesn’t handle consumer class actions or cases that have to do with West Virginia’s Consumer Credit Act. It does not handle everyday business litigation, but is more focused on high-level business disputes.
Since October 2012, the Chief Justice of the Supreme Court of Appeals of West Virginia has considered 179 motions to transfer cases to business courts. Of those, 103 cases have been transferred, 86 have been dismissed, and 17 cases are still pending. While this may seem like a small number, Wilkes has a lengthy list of accomplishments and more judicial experience than all of his opponents put together. In addition to serving as Chairman of the WV Business Court, he is also a member of the Juvenile Justice Commission and State Bar of West Virginia.
Business Court cases are unique in that they can involve complicated discovery and complex contractual matters. Typically, a motion to refer a case to business court can be filed by either party or by the presiding judge. After a hearing and review of the motion, the chief justice will make a decision on whether the case should be transferred. A referral is an important step in the process of resolving a case.
Akers will be a part of the WV business court system as a judge for seven years. She will replace James H. Young, Jr., who had been serving as the Twenty-fourth Judicial Circuit since 2013. Young, Jr., will not seek re-appointment at the end of his term, which ends on December 31.
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