News from 2015
R.T. Rogers Oil seeks total payment for cleanup costs at site
HINTON – A West Virginia corporation is suing over the alleged refusal of an insurance company to fully pay for cleanup costs at the site of a removed underground storage tank.
Property owners’ descendants battle over gas and oil royalties
WEST UNION – The heirs of two landowners who have partnered on a lease for oil and gas production are disputing the royalty percentage each is allowed according to the original deeds.
Woman sues Advance Auto Parts over negligence claims after tripping on rug
BECKLEY – A woman is suing an auto parts store over claims that tripping over the store's rug caused extensive injuries.
Suit claims Walmart terminated Lester man after he developed medical condition
BECKLEY – A Lester man is suing over claims he was wrongfully terminated after a car accident caused the onset of a medical condition.
W.Va. concealed carry agreement remain intact with Va.
CHARLESTON — West Virginia Attorney General Patrick Morrisey assures residents that West Virginia still has full concealed carry handgun reciprocity with Virginia. Concealed handgun licenses issued by either state are still recognized by the other, Morrisey said Dec. 24. “It is a priority of my office to protect the Second Amendment rights of West Virginians and those who visit our state,” Morrisey said in a statement.
Woman's estate blames Charleston Sleep Solutions for injuries, death
CHARLESTON – The estate of a woman is suing Charleston Sleep Solutions for injuries sustained on its premises that led to her death. Sleep Medicine WV PLLC is doing business as Charleston Sleep Solutions.
Women sue coal company for refusal of same-sex spousal benefits
MOUNDSVILLE – Two women are suing the Marshall County Coal Company after they claim it refused to provide same-sex spousal benefits. Trustees of the UMWA Retirement Fund, Blue Cross Blue Shield PPO Program, Murray American Energy Inc. Play 107 were also named as defendants in the suit. As of Nov. 7, 2014, Brittni Ann Rice became the lawful spouse of Jennifer Kay Riggle and, as Riggle was an employee of the coal company and a participant in a health benefit program offered by the company, it wa
Charleston couple sues 18 firms for multiple myeloma diagnosis
MOUNDSVILLE – A Charleston couple is suing 18 companies it claims caused a diagnosis of multiple myeloma. Donald C.
Construction firm sues WVU over bid process
MORGANTOWN – Accelerated Construction Services LLC is suing West Virginia University after it claims it has failed to submit projects for competitive bidding. West Virginia University Board of Governors was also named as a defendant in the suit. ACS claims WVU has engaged in a patterns and practice of injecting itself into activities generally reserved for private industry, such as building mixed-use, commercial, residential properties and generally providing landlord services to entities with
Woman sues Sacred Heart Riverview Terrace for breach of contract
CHARLESTON – A Charleston woman is suing Sacred Heart Riverview Terrace Inc. after she claims it breached its contract with her and other tenants. On May 24, 2011, Janet Kessock entered into a lease agreement with Sacred Heart to lease Suite Number 501 at Sacred Heart Riverview Terrace Apartments, according to a complaint filed in Kanawha Circuit Court. Kessock claims the apartment complex was to be used and occupied solely by individuals 62 years of age or more and, in order to move into the
Monongalia Co. circuit judge Tucker announces re-election bid
?MORGANTOWN – Monongalia Circuit Judge Susan B. Tucker announced her plans to run for re-election to her current judicial post last week. Tucker presides over criminal cases, civil cases, abuse and neglect cases and juvenile status and delinquency cases. Tucker said she wants to continue working with juveniles and the anti-truancy program.
Justices: Racing board right to impose fine, suspension on jockeys
CHARLESTON – The state Supreme Court of Appeals reversed a decision by Kanawha Circuit Court to suspend the occupational permit of seven jockeys for 30 days and imposed a fine of $1,000 to each of them for violating a rule governing horse racing. “After review of the circuit court’s order, the assignments of error, the applicable law, and pertinent portions of the appendix, for the reasons stated below, we reverse the circuit court’s order,” the recent opinion states.
Wheeling attorney recalls football legend’s life in 'Concussion' movie
WHEELING – When football legend “Iron” Mike Webster came to Wheeling attorney Bob Fitzsimmons for help, it only took him a few minutes to realize he had memory losses and brain damage. Fitzsimmons said it was in 1997 when Webster called and asked if he was willing to represent him in a lawsuit against the National Football League’s pension board for total disability benefits. “Within 5-10 minutes, I noticed his mental lapses and memory losses,” Fitzsimmons said.
State courts to be closed half-day on Christmas Eve, New Year's Eve
CHARLESTON – West Virginia courts can close at noon on Dec. 24 and Dec. 31 for Christmas Eve and New Year’s Eve, according to an Administrative Order issued by Supreme Court Chief Justice Margaret L.
Clerk: State Supreme Court handles every appeal
CHARLESTON – A new report from the clerk of the state Supreme Court stresses that the Justices have written a decision in every properly prepared appeal since rules changes took effect five years ago. In his report, Rory Perry, says 2011’s Revised Rules of Appellate Procedure allow all litigants to have their appeals reviewed on the merits. “Appeal by right means that each properly prepared appeal is required to be reviewed on the merits,” Perry writes in the report, which can be found online
W.Va., other states push for stay of EPA Clean Power Plan
CHARLESTON — West Virginia Attorney General Patrick Morrisey and Texas Attorney General Ken Paxton have joined 25 other states asking a federal appeals court to stay the Environmental Protection Agency’s “Clean Power Plan.” The response comes two months after many of those same states sued the EPA, arguing the Power Plan drastically reshuffles the nation’s energy portfolio and does so without congressional authority. Morrisey's office says the bipartisan multi-state coalition believes the harm
Law firm again sponsoring dog adoptions at shelter
CHARLESTON – A Charleston law firm seems to be making a Christmas tradition of helping dogs find homes. A week before Christmas, The West Law Firm sponsored the adoption of 24 dogs at the Kanawha-Charleston Humane Association.
Two WVU professors get published on the Oxford Human Rights Hub Blog
Two West Virginia Law faculty members have been published on the Oxford Human Rights Hub Blog (OxHRH Blog) recently. Dr. Anne Marie Lofaso, a professor at the West Virginia University College of Law, wrote an article for the blog evaluating the National Labor Relations Board’s (NLRB) unanimous decision to dismiss college football players’ petition for union representation. Lofaso, who spent 10 years as an attorney with the National Labor Relations Board’s Appellate and Supreme Court Branches,
Couple sues FCA US over alleged failure to uphold West Virginia vehicle warranty law
WHEELING – A couple is suing FCA US LLC alleging violation of new vehicle warranty laws after they purchased a vehicle that malfunctioned quickly after purchase.
AG's office partners with Social Security for disability fraud unit
CHARLESTON — West Virginia Attorney General Patrick Morrisey is partnering with the Social Security Administration to create an anti-fraud unit. Morrisey, Social Security and its Office of the Inspector General (OIG) announced Dec. 22 the formation of the Cooperative Disability Investigations (CDI) Unit.