January | 2013 | West Virginia Record

Arbitration agreement scrapped in nursing home case

January 31, 2013 8:05 AM
By Nathan Bass

CHARLESTON – The state’s high court has denied a petition by a nursing home seeking to prevent a circuit court from enforcing its order that prevented the nursing home’s invocation of an arbitration agreement. Justice Robin Jean Davis delivered the … Read More »

Kanawha County, State Supreme Court

Court says Congressional candidate took ‘inconsistent positions’ in lawsuit

January 30, 2013 2:56 PM
By Nathan Bass

CHARLESTON – Larry V. Faircloth, an Inwood land developer who recently announced his candidacy for the U.S. House of Representatives, has lost his appeal of a Public Service Commission order that granted him the relief he sought, but did not … Read More »

Berkeley County, State Supreme Court

Charleston attorney testified on Obama’s NLRB appointments

January 29, 2013 5:01 PM
By Chris Dickerson

CHARLESTON – Last week, the U.S. Court of Appeals for the District of Columbia Circuit invalidated President Obama’s 2012 appointments of three members of the National Labor Relations Board. And last year, Charleston attorney Mark Carter testified to a … Read More »

Federal Court

Judge overrules objectors, approves $93M Monsanto settlement

January 28, 2013 6:25 PM
By John O'Brien

WINFIELD – A $93 million proposed settlement in a class action lawsuit over a chemical used in Agent Orange has been approved. On Jan. 25, Putnam County Circuit Court Judge Derek Swope approved a settlement reached 11 months earlier that … Read More »

Class Action, Putnam County

Marshall University added to bottle rocket case against frat

January 25, 2013 7:00 AM
By Kyla Asbury

HUNTINGTON – A new defendant has been added in the lawsuit against Alpha Tau Omega after a member of the fraternity allegedly attempted to shoot bottle rockets out of his anus at a party. The new defendant, Marshall University, was … Read More »

Cabell County, Personal Injury

Wayne County town’s pit bull ban upheld

January 24, 2013 6:00 AM
By Nathan Bass

CHARLESTON – The state’s Supreme Court has affirmed the constitutionality of the Town of Ceredo’s ordinance prohibiting the ownership of pit bull terriers within the city limits. In a memorandum decision filed Jan. 14, the court affirmed the order of … Read More »

State Supreme Court, Wayne County

Asbestos attorneys want new trial; CSX seeks more than $10M in expenses

January 23, 2013 7:25 AM
By John O'Brien

WHEELING – Asbestos attorneys found to have committed fraud are asking for a new trial, while CSX Transportation wants the more than $9 million in attorneys fees it incurred during its lawsuit paid by them. Pittsburgh attorneys Robert Peirce and Louis … Read More »

Asbestos, Federal Court, Ohio County

Manchin appointed to spot in Judiciary Committee

January 22, 2013 12:37 PM
By John O'Brien

CHARLESTON – House Speaker Rick Thompson has appointed personal injury attorney Tim Manchin to vice chair of the Judiciary Committee. On Jan. 22, Thompson announced his committee assignments, including Del. Tim Manchin’s new job on the committee. Manchin, of the … Read More »

State Government

Jefferson County sheriff resigns, pleads guilty

January 18, 2013 7:31 AM
By Lawrence Smith

CHARLES TOWN – An Eastern Panhandle sheriff has decided to throw in the towel on both his law enforcement career and fight with the federal government and admit he violated a bank robbery suspect’s civil rights. Robert “Bobby” Shirley on … Read More »

Jefferson County

Patriot Coal modifies clean water settlement

January 17, 2013 7:00 AM
By John O'Brien

HUNTINGTON – Patriot Coal and three of its subsidiaries are modifying a settlement reached with environmental groups over Clean Water Act allegations relating to surface mining. U.S. District Judge Robert Chambers approved the modification, announced in November, on Jan. 9. … Read More »

Cabell County, Federal Court

Class action crusader says ‘floc’ settlement unfair

January 16, 2013 6:03 AM
By John O'Brien

MOUNDSVILLE – The founder of the Center for Class Action Fairness says a recent settlement in Marshall County that provides medical monitoring and millions of dollars in fees for attorneys appears unfair. Ted Frank, who founded the CCAF in 2009 … Read More »

Class Action, Marshall County

Supreme Court hears arguments in 11 cases

January 15, 2013 12:23 PM
By Nathan Bass

CHARLESTON – There were 11 cases scheduled to be heard before the state Supreme Court the week of Jan. 14-18. On Jan. 15, the Court started with an appeal by State Farm Insurance in a Jefferson County automobile accident case … Read More »

State Supreme Court

Morrisey sworn-in as West Virginia’s new AG

January 14, 2013 5:56 PM
By John O'Brien

CHARLESTON – For the first time since 1933, a Republican is West Virginia’s attorney general. Patrick Morrisey was sworn-in Jan. 14, more than two months after he defeated longtime AG Darrell McGraw in the general election. Morrisey, of Harpers Ferry … Read More »

State Attorney General

Kanawha County lawsuits slightly up in 2012

January 11, 2013 8:01 AM
By Kyla Asbury

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

‘Floc’ settlement gains preliminary approval

January 10, 2013 6:00 AM
By John O'Brien

MOUNDSVILLE – A class action settlement could provide approximately $6.6 million in free medical examinations for some workers at coal and water treatment plants. Marshall County Circuit Court Judge David Hummel gave preliminary approval to the settlement in December, and … Read More »