Constructing an appropriate record and effectively arguing a client’s position to an appellate court are unique skills that can win or lose a case on appeal. Martin & Seibert, L.C.’s Appellate Team, consisting of Shareholders Clarence E. Martin, III, Susan R. Snowden and E. Kay Fuller, have presented and won numerous appeals on behalf of the firm’s clients in matters of first impression.
Mrs. Snowden recently argued and won a precedent setting case before the United States Court of Appeals for the Fourth Circuit concerning the enforceability of arbitration clauses included in home construction and purchase contracts. The issue of arbitration and when it is appropriate is a debate of increasing national significance which has drawn the attention of the Supreme Court of the United States.
Ms. Fuller has argued a number of insurance cases before the West Virginia Supreme Court of Appeals on issues of first impression ranging from privacy, to the attorney-client privilege, to insurance policy language – each with success. Recently, Ms. Fuller successfully argued a case concerning the constitutionality of the “Dead Man Statute” in West Virginia in and the application of “non-duplication” policy language in an insurance contract.
Mr. Martin has appeared before the West Virginia Supreme Court of Appeals on a number of matters, many addressing significant constitutional issues involving the ability of various industries to conduct business in West Virginia. While the majority of his appellate work has involved the insurance industry and the ability to write and secure rates in this State, he has been very active in the promotion of the agricultural community and its work-force, West Virginia horsemen and breeders, and the continued expansion of state highway projects that benefit all citizens of West Virginia.
Mr. Martin and Ms. Fuller have both been selected to argue cases during an upcoming special session of the West Virginia Supreme Court of Appeals. Each year the Justices travel to the West Virginia University College of Law for a special session and to judge the final round of the Baker Cup Moot Court Competition. Ms. Fuller, a former Baker Cup competitor and chair of the competition, will argue a case concerning the state’s Freedom of Information Act. Mr. Martin will argue a case against the State’s Attorney General concerning the use of recycled OEM parts and the impact of the Magnuson-Moss Warranty Act in the construction and interpretation of the West Virginia Automotive Crash Parts Act – which is an issue that may ultimately impact every insurer in the State. “To return to my alma mater to argue is an honor and a privilege,” Fuller said. “We at Martin & Seibert value the trust our clients place in us when presenting their issues to the highest court in the State.”
