Daily Archives: January 11, 2013

How can a company be held liable for something that hasn’t happened?

Whatever happened to the assumption of innocence and the right not to incriminate oneself? What about the old corpus delicti? When did that become superfluous? Now, in civil courts at least, it appears that defendants are often assumed to be … Read More »

Arguments, Our View

THEIR VIEW: Marple faces uphill battle to get job back

By HOPPY KERCHEVAL Former West Virginia School Superintendent Jorea Marple is suing the state Board of Education, claiming she was illegally fired last November. Marple wants her job back. She adds that she has “suffered humiliation and anguish as a … Read More »

Arguments, Their View

Kanawha County lawsuits slightly up in 2012

CHARLESTON – Though 2012 saw a slight uptick in lawsuits filed in Kanawha County Circuit Court, the figure still represented a decrease of nearly 40 percent from 2001. In 2012, there were 2,584 civil cases filed in Kanawha Circuit Court. … Read More »

Kanawha County

Woman says Triad Tech failed to submit certification exam

HUNTINGTON – A woman is suing Triad Tech, Inc., after she claims it failed to submit her certification exam and caused her damages. Greg Falvo, who is doing business as Triad Tech, was also named as a defendant in the … Read More »

Cabell County, News

Clintonville couple sues Lowe’s for box-to-the-back injury

BECKLEY – A Clintonville man and his wife are suing Lowe’s Home Centers, Inc., after he suffered injuries while working in the receiving department. On Jan. 3, 2011, Michael Hambrick was ordered to leave the plumbing department and work in … Read More »

Federal Court, News, Raleigh County

Toyota settles sudden acceleration claims for $1.1B

CHARLESTON – Charleston attorney Ben Bailey announced last month that a judge has approved a settlement with Toyota that resolves claims its vehicles experienced sudden and unintended acceleration for $1.1 billion. Bailey, of Bailey & Glasser, was one of nine … Read More »

Class Action, Federal Court, News

Woman says wrong prescription proved fatal

CHARLESTON – A woman is suing Rxbytel, Inc., after she claims it filled a prescription with the wrong medication and caused the death of her family member. Twenty-five unknown and unnamed individuals were also named as defendants in the suit. … Read More »

Kanawha County, News

Woman blames Elk Run Coal for harassment, bird droppings

CHARLESTON – A woman is suing Elk Run Coal Company after she claims she was harassed by an employee. Alpha Natural Resources Services, LLC, was also named as a defendant in the suit. Crystal D. Bowyer was employed by Elk … Read More »

Kanawha County, News

CIVIL FILINGS: Kanawha County

Dec. 28 Jeffrey L. Richmond vs. Penn Line Corporation PA- Todd S. Bailess, Joy B. Mega; J- Tod J. Kaufman * Richmond was employed by the defendant until Oct. 16. He claims the defendant failed to pay his final wages … Read More »

Kanawha County, News

CIVIL FILINGS: Berkeley County

Nov. 29 Michael Wallace, father and next friend of S.W., a minor vs. Jodi Ann Dokes PA-Lawrence M. Schultz; J-Christopher Wilkes *Plaintiff says on Feb. 10, 2008, his minor son was walking on LaBonte Drive when the defendant’s vehicle struck … Read More »

Berkeley County, News

CIVIL FILINGS: Jefferson County

Dec. 14 Gregory Hall vs. Thomas E. Delaney PA-Pro Se; J-David Sanders *Plaintiff claims defendant failed to provide adequate legal support regarding a Dec. 27, 2011, warrantless search and seizure that violated plaintiff’s civil rights. Plaintiff claims defendant maliciously misrepresented … Read More »

Jefferson County, News

CIVIL FILINGS: Cabell County

Dec. 21 Paige Allison Walters vs. Regis Corporation d/b/a Regis Salon; Fiesta Salon; and Lolanda Bentley PA- Abraham J. Saad, Ashley Lockwood; J- F. Jane Hustead * Walters worked for Regis for approximately four years as a hair stylist and … Read More »

Cabell County, News

CIVIL FILINGS: Wayne County

Dec. 7 American Asphalt & Aggregates, Inc. vs. Blacktopman, Inc. PA- Charles M. Johnstone II; J- Darrell M. Pratt * On Nov. 22, 2011, Blacktopman entered into a commercial credit application and sale’s agreement with American Asphalt for the purchase … Read More »

News, Wayne County

PERSONNEL FILE: Dinsmore promotes eight to firm partnership

WHEELING – Dinsmore & Shohl is pleased to announce that it has promoted eight associates, including two West Virginians, to firm partnership. These newly named partners are located in six of the firm’s offices and are as follows: *Cincinnati – … Read More »

News, Personnel File

PERSONNEL FILE: Karlin & Associates receives high ranking

MORGANTOWN – The U.S. News magazine edition of Best Lawyers in America names the Morgantown Law firm of Allan N. Karlin & Associates as a West Virginia Tier 1 law firm in the area of Employment Law. The firm, which … Read More »

News, Personnel File