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 »

Federal Court, Mason County, News

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 »

Federal Court, Logan County

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 »

Federal Court, News, Raleigh County

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 »

Federal Court, Kanawha County, News

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 »

Federal Court, Harrison County, News

Bluefield settles jail wrongful death suit for $460K

BLUEFIELD – The city of Bluefield has agreed to a nearly $500,000 settlement in a resident’s lawsuit alleging her son died needlessly in its jail three years ago. U.S. District Judge David A. Faber on June 10 approved the settlement … Read More »

Federal Court, Mercer County

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 »

Federal Court, Marshall County, News

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 Court, Hancock County, News, Sexual Harassment, Wrongful Termination

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 »

Federal Court, Mason County, News

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 »

Federal Court, News, Raleigh County

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 »

Federal Court, News, Wayne County, Wrongful Death

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 »

Federal Court, Marshall County, News

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 »

Berkeley County, Class Action, Federal Court, News

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 »

Federal Court, Mingo County, News

U.S. sues Chesapeake Appalachia over Triana Energy’s taxes

CHARLESTON – The United States of America is suing Chesapeake Appalachia for failing to pay taxes under the Federal Unemployment Tax Act and the Federal Insurance Contribution Act in 2001, 2002 and 2003. Chesapeake Appalachia LLC is the successor of … Read More »

Federal Court