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- Marshall U. dismissed from bottle-rocket-shot-out-of-anus lawsuit
- Justice Ketchum: Ruling for Bowles Rice ‘a great injustice’
- D.C. attorney surrenders W.Va. license
- Marion Co. attorney accused of inappropriate relationship with female clients
- Ketchum not pleased with Supreme Court’s decision against insurer
- Court reverses Workers’ Comp ruling over carpal tunnel
- Evidence insufficient to fire state employee accused of accessing porn, court says
- Marshall University, president sued for not honoring FOIA requests
- Wrongful death settlement in Navy vet’s case worth $275K
- Judge rules for Mountaineer Casino in sexual harassment case
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Author Archives: John O'Brien
Justice Ketchum: Ruling for Bowles Rice ‘a great injustice’
CHARLESTON – For the second time in 10 days, state Supreme Court Justice Menis Ketchum has found himself in the minority of his colleagues and has filed a critical dissent. On June 14, Ketchum filed a dissenting opinion in Gaddy … Read More
Supreme Court rejects fee-sharing claim made by engineering firm
CHARLESTON – The law firm Bowles Rice is entitled to the $4 million in fees it earned in a $380 million settlement and won’t have to pay an engineering firm that says it was promised one-third. On June 14, the … Read More
Justice Loughry: Court shouldn’t have passed on deciding ethics issue
CHARLESTON – The recent majority opinion in a lawsuit that alleged an engineering firm had entered into a fee-sharing agreement with a law firm fails to address a necessary issue, state Supreme Court Justice Allen Loughry says. Loughry, who was … Read More
Miley selected as new Speaker of the House
CHARLESTON – Clarksburg personal injury attorney Tim Miley was voted the new Speaker of the House of Delegates on June 18. Miley, a Maryland native and Democrat who represents District 48, has been a member of the House since 2004. … Read More
Morrisey says Pfizer can’t appeal remand decision
RICHMOND, Va. – State Attorney General Patrick Morrisey doesn’t think Pfizer Inc. should be allowed to appeal a federal court’s decision to remand his case against it to Mason County. In an answer to Pfizer’s permission to appeal to the … Read More
Mingo Logan Coal argues for rehearing of revoked permit case
WASHINGTON – Former Solicitor General Paul Clement’s first action as counsel for Mingo Logan Coal Company was to ask a federal appeals court to grant a rehearing of a case involving a revoked Clean Water Act permit. On June 7, … Read More
Judge: Arbitration case presents ‘exceptional circumstances’ for abstention
CHARLESTON – A federal judge has ruled he does not have jurisdiction over home warranty company’s attempt to force an unsatisfied customer into arbitration. U.S. District Judge Joseph Goodwin on June 10 ruled he must abstain from ruling on a … Read More
Wrongful death settlement in Navy vet’s case worth $275K
CLARKSBURG – A wrongful death settlement that will require the United States to pay $275,000 to the family of a Navy veteran who died in 2007 has been finalized. On May 22, U.S. District Judge Irene Berger, of the Northern … Read More
Coal company removed class action too late, judge rules
WHEELING – A class action lawsuit filed against Consolidated Coal Company by a former employee will be heard in state court. On May 24, U.S. District Judge John Preston Bailey remanded Aaron Birtcher’s lawsuit to Marshall County Circuit Court, where … Read More
Judge rules for Mountaineer Casino in sexual harassment case
WHEELING – Mountaineer Casino Racetrack & Resort has won a lawsuit brought by a former table games dealer who alleged she was the victim of sexual harassment. On May 20, U.S. District Judge John Preston Bailey, of the Northern District … Read More
Royal Bank of Canada settles bid-rigging suit; $58K for outside counsel
POINT PLEASANT – The first of 22 banks and financial institutions named in a lawsuit brought in 2009 by former state Attorney General Darrell McGraw has reached a settlement. On April 24, the Attorney General’s Office submitted papers that ask … Read More
Court: Former Kanawha prosecutor had no conflict of interest from sniper case
CHARLESTON – A lawyer discipline office could have pursued a conflict-of-interest complaint against former Kanawha County Prosecuting Attorney Michael Clifford even though a state judge already ruled no conflict existed, but the state Supreme Court has ruled no sanctions would … Read More
Federal government to pay $475K to settle claim against OBGYN clinic
BECKLEY – The United States will pay $475,000 to settle the lawsuit of a Raleigh County couple who claimed a doctor at a federally funded OBGYN clinic botched a procedure. Tammy and David Embrey’s complaint, filed Aug. 29, 2011, alleged … Read More
Wrongful death case fizzles, defendant pays funeral expenses
HUNTINGTON – The estate of a man who was killed in a head-on collision will collect only funeral expenses in a settlement recently reached with Sperry Rail, Inc. U.S. District Judge Robert C. Chambers on May 28 approved a settlement … Read More
Suit over proposed Marcellus Shale wells settled
WHEELING – The owners of 116 acres in Marshall County have settled their lawsuit against Chesapeake Appalachia and Statoil USA Onshore Properties that alleged damage to their property. On June 7, U.S. District Judge Frederick Stamp dismissed the lawsuit brought … Read More