CIVIL FILINGS: Boone County
Harmon Marks Jul. 13, 2012, 2:00am
Charles Fleming, Individually and on behalf of all others similarly situated vs. Alpha Natural Resources Services, LLC; Corporation Service Co.; and Highland Mining Co.
PA- Lonnie C. Simmons, Sean P. McGinley, Katherine R. Snow; J- William S. Thompson
* Defendant companies are accused of violating the West Virginia Wage Payment and Collection Act because all wages due more than 180 employees involved in layoffs on, or about last April 3, were not paid by next regular payday. John Doe West Virginia companies 1 through 5, or Alpha subsidiaries, are expected to be included in an amended complaint as "putative class" members. Complaint seeks jury trial for, among other things, award of damages for Fleming and each member of the class and all remedies afforded under the WPCA.
Case number: 12-C-122
Green Tree Servicing LLC vs. Billy J. Nelson
PA- Jason S. Long, Michael R. Proctor; J- William S. Thompson
* Morgantown based liability company holds perfected security interest lien on a mobile home it wants to repossess. Green Tree says Nelson defaulted on his 1995 contract, still owing more than $40,000, and wants Court assistance in taking possession of the unit.
Case number: 12-C-126
State of West Virginia and Madison Police Department vs. 2005 Honda Civic and Eric Hall, interested party
PA- Justin A. Marlowe, Asst. County Prosecutor; J- William S. Thompson
* Madison Police Lt. John Adams charges Hall subject to the State Contraband Forfeiture Act by using his vehicle to facilitate transport, sale, receipt, possession or concealment of controlled substances. Traffic stop last April 11 in Madison disclosed Hall was illegally in possession of Oxymorephine, a schedule II narcotic, and admitted purchasing controlled prescription pills from different people throughout Boone County. Hearing on Petition for Forfeiture scheduled Aug. 8 before Circuit Judge William S. Thompson.
Case number: 12-C-127
Lloyd & Brenda Alderman vs. Mine Safety Appliances Co., Persinger Supply Co., Raleigh Mine & Industrial Supply Co., and Eastern States Mine Supply Co.
PA- G. Todd Houck; J- William S. Thompson
* Lloyd Alderman worked as a coal miner some 23 years for various companies using respirators manufactured, distributed and sold by defendants. He claims the respirators had hidden defects, resulting in leakage of substantial amounts of harmful dust into his breathing system leading to his development of pneumoconiosis, or "black lung" disease. His product liability suit includes Brenda Alderman's claim of loss of consortium and demands jury judgment for compensatory damages, punitive damages against MSA only, court costs, pre- and post-judgment interest, and all entitled further relief.
Case number: 12-C-129
James & Suzette Breeden, Woodrow Chambers, and Keith & Rhonda Maynor vs. Mine Safety Appliances Co., et al
PA- G. Todd Houck; J- William S. Thompson
* Three Product Liability Cases all styled similar to above 12-C-129.
Case numbers: 12-C-130, 12-C-131, 12-C-132
Dorsey Green vs. Rivers Edge Mining, Inc.; Patriot Coal Corp., Eastern Associated Coal, LLC; Fred Conner and Mitchell Boland
PA- Thomas A. Rist; J- William S. Thompson
* Beginning in 2005, Green claims he "has had substantial, ongoing, and continuous problems with subsidence of his property" at Bim. Defendants have or still operate underground mines in and around his property, Green says, where maps on file show mining should not be done directly underneath. Also, he accuses Conner and Boland of "fraudulently withheld material information..." in reporting defendant coal companies had not mined under his property. He wants jury awards of compensatory damages for property involved, restoration costs, and diminution in property value, punitive and statutory damages, plus such other relief deemed appropriate.
Case number: 12-C-137
Portfolio Recovery Associates, LLC, Assignee Of GE Money Bank FSB vs. Mark Foster aka Mark A. Foster
PA- Andrew N. Frye III, Jane A. Pancake; J- Thompson
* Suit says Ashford man defaulted on repayment of credit card debt of $14,636, and wants Court judgment to collect that balance with interest, plus its litigation costs.
Case number: 12-C-139
State of West Virginia ex rel Darrell V. McGraw Jr., Attorney General vs. Cardinal Health, Inc.
PA- Frances A. Hughes, James A. Cagle; J- Thompson
* Complaint says Ohio corporation has substantially contributed to and benefitted from West Virginia's prescription drug abuse problem. Case, scheduled for trial next June, uses 22 pages to present staggering money abuses both nationally and statewide relative to violations of controlled substances laws. Quoting complaint: "The Defendant has conspired with 'pill mill' physicians and pharmacies who prescribe and fill these prescriptions for illegitimate medicine purposes in order to restrain and monopolize trade in West Virginia for the 'pill mill' market." Suit seeks temporary and permanent injunction mandating prompt information for West Virginia Board of Pharmacy concerning any and all suspicious orders for controlled substances and enjoins Cardinal from distributing any controlled substances for any illegitimate medical purpose in State; jury determination of costs, losses and damages proved relevant to several counts of Complaint; address relief, fees and cost available under West Virginia Credit & Consumer Protection Act; reimburse all litigation costs, order medical monitoring plain, and grant such further relief deemed appropriate.
Case number: 12-C-140
State of West Virginia ex rel Darrell V. McGraw Jr., Attorney General vs. Amerisourcebergen Drug Corp., et al
PA- Frances A. Hughes, Rudolph L. DiTrapano; J- Thompson
* Case essentially styled as 140 above, with 12 defendants cited "who have substantially, illicitly and tortiously benefitted financially from the prescription drug abuse problem in West Virginia." Also named defendants are Miami-Luken, Inc.; J.M. Smith Corp. dba Smith Drug Co., The Harvard Drug Group, LLC; Anda Inc., Associated Pharmacies, Inc.; Auburn Pharmaceutical Co., H.D. Smith Wholesale Drug Co., Keysource Medical Inc., Masters Pharmaceuticals, Inc.; Quest Pharmaceuticals, Inc.; Richie Pharmacal Co., Inc. and Top Rx, Inc. State seeks jury trial scheduled next June, taking same various positions as detailed in above case.
Case number: 12-C-141
Richard Thompson vs. Alpha Appalachia Services, Inc. and Green Valley Coal Co.
PA- David Grubb, Kristina Thomas Whiteaker; J- Thompson
* His sexual orientation does not fit stereotypical standards of masculinity, Thompson complains, causing a hostile work environment that cost him his job as a coal truck driver. Thompson began employment with defendants December 2008 and says he was subject to severe and pervasive harassment. Several complaints to his supervisor and human resources director led to "write-ups" in late February 2011 for various issues against him. Thompson says when directed to sign disciplinary papers, he refused knowing he was going to be fired. His suit charges sex discrimination in violation of the State Human Rights Act, unlawful retaliation and reprisal. Jury trial scheduled next June is expected to hear request for a permanent injunction ordering Appalachia Services and Green Valley to establish on-going sexual harassment and workplace discrimination training for employees. Thompson seeks back and front pay, compensatory and punitive damages, court expenses, pre- and post-judgment interest, plus such further relief deemed appropriate.
Case number: 12-C-142