Monthly Archives: December 2012

Logan Center settles wrongful death claim

HUNTINGTON – Genesis Healthcare Corporation has settled a lawsuit brought over the death of a patient at Logan Center. U.S. District Judge Joseph Goodwin approved the settlement in an order filed Dec. 28. The lawsuit was brought by Gregory Vanover … Read More »

Federal Court, Logan County, News, Wrongful Death

Plaintiff in slip-and-fall agrees to limit on recovery

HUNTINGTON – Because the plaintiff agreed not to seek more than $35,000, a federal judge has remanded a slip-and-fall lawsuit against Target. U.S. District Judge Robert Chambers on Dec. 27 remanded the case to Cabell County Circuit Court, where it … Read More »

Cabell County, Federal Court, News, Personal Injury

Judge, frustrated with attorney, allows complaint to be amended

HUNTINGTON – Though he chastised a plaintiffs attorney for failing to observe rules of procedure and deadline, U.S. District Judge Robert Chambers is nonetheless allowing the attorney’s clients to amend their complaint. Fields’ decision came Dec. 14 in a lawsuit … Read More »

Cabell County, Federal Court, News

McGraw obtains injunction against Liberty Mutual over spare auto parts

CHARLESTON – State Attorney General Darrell McGraw announced Dec. 28 a permanent injunction against Liberty Mutual Insurance Company to prevent the insurer from violating consumer protection laws. The Circuit Court of Kanawha County issued the permanent injunction, which stops Liberty … Read More »

Kanawha County, News, State Attorney General

Defamation suit belonged in state court, judge rules

WHEELING – A federal judge has dismissed an Ohio man’s defamation lawsuit filed against two Wheeling-area news outlets. On Dec. 21, Judge Irene Keeley adopted the report and recommendation of Magistrate Judge James Seibert, finding that Plaintiff Dennis Givens, who … Read More »

Defamation, Federal Court, News, Ohio County

McGraw takes aim at debt collection companies

CHARLESTON – Outgoing state Attorney General Darrell McGraw announced subpoena enforcement action filings on Dec. 20 against three companies for allegedly unlawful debt collection activities. The actions were filed against Dominion Management Services Inc., doing business as CashPoint of Alexandria, … Read More »

Kanawha County, News, State Attorney General

Asbestos firm sanctioned before racketeering verdict

WHEELING – Even though a jury has found a former Pittsburgh law firm filed false asbestos claims against CSX Transportation, there are still other issues to be resolved. On Dec. 27, U.S. District Judge Frederick Stamp entered an order explaining … Read More »

Asbestos, Federal Court, Ohio County

Mineral County attorney charged with failing to communicate with clients

CHARLESTON– A Mineral County attorney has been cited for his alleged repeated failure to communicate with clients and the resulting ethics investigation. The Lawyer Disciplinary Board on Oct. 31 filed a seven-count statement of charges against Chad B. Cissel. In … Read More »

Mineral County, News, State Supreme Court

Terra Alta man sues Pioneer Credit Recovery in federal court

CLARKSBURG – A Terra Alta man is suing Pioneer Credit Recovery, Inc., for allegedly attempting to collect an alleged debt from him after he was being represented by counsel. On July 11, Robert McGregor, through counsel, sent written correspondence to the … Read More »

Federal Court, Harrison County, News

Man says inaccurate background check caused him to lose job offer

HUNTINGTON – A man is suing Energy Future Holdings Corporation after he claims it performed an inaccurate background check and caused a job offer to be rescinded. Luminant Mining Company, LLC, and HireRight Solutions, Inc., were also named as defendants … Read More »

Cabell County, Federal Court, News

WVDHHR accused of failing to correctly administer Medicaid program

CHARLESTON – A man is suing the West Virginia Department of Health and Human Resources for allegedly failing to administer the state’s Medicaid program in conformity with the federally approved West Virginia State Medicaid Plan. Rocco S. Fucillo is the … Read More »

Federal Court, Kanawha County, News

Transvaginal mesh trials to begin in a year

CHARLESTON (Legal Newsline) — The trials against three major transvaginal mesh manufacturers will begin next December, according to a judicial report. A report detailing the decisions from a Dec. 6 status conference show that the trials will begin Dec. 3, … Read More »

Federal Court, Kanawha County, News

How to eat free at Bob Evans

“At Bob Evans, we treat strangers like friends and friends like family.” That’s the company philosophy of Bob Evans restaurants. The chain prides itself on its “ability to treat guests and employees how they deserve to be treated.” Of course, … Read More »

Arguments, Our View

Supreme Court takes harsher stance against attorney

CHARLESTON – In a per curiam opinion issued Dec. 17, the state Supreme Court rejected the one-year suspension recommendation of the Lawyer Disciplinary Board, instead finding that attorney David A. Aleshire’s conduct warranted a three-year suspension from the practice of … Read More »

News, State Supreme Court

Six heirs say Reserve Oil & Gas installed pipeline without permission

CHARLESTON – Six heirs are suing Reserve Oil & Gas, Inc., after they claim it trespassed onto their property and installed a gas pipeline without their permission. Sandra Bishop, Kathy Fannin, Connie McDaniel, Steve Fannin, Donna Lilly and Debra O’Dell … Read More »

Kanawha County, News