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Federal Court Category Archives: Federal Court
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
Mabscott civil rights lawsuit settled
BECKLEY – A settlement has been reached in a Raleigh County man’s lawsuit alleging he was falsely arrested because of his race. U.S. District Judge Irene C. Berger on June 4 ordered Andre Thomas’ civil rights suit against the town … 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
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
Judge orders Dollar General to release names of fired employees
MARTINSBURG – A federal judge has ruled against Dollar General’s objection to handing over the names of former employees who are potential members of a class action lawsuit. On June 5, U.S. District Judge Gina Groh issued an opinion that … Read More
Mingo civil rights suit settled for $15K
CHARLESTON – A Mingo County man has agreed to accept a nuisance-value settlement with the remaining police officers in his lawsuit alleging civil rights violations. U.S. District Judge Joseph R. Goodwin, Jr. on April 9 placed Calvin Jerrod Wilkerson’s lawsuit … Read More



