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Chief justice appoints judge for lawsuit against Berkeley County Council

April 25, 2013 9:00 AM
By John O'Brien

MARTINSBURG – West Virginia Supreme Court Chief Justice Brent Benjamin has appointed a judge to hear a Berkeley County lawsuit that claims a councilman was attempting to steer business to preferred companies. On March 7, Benjamin appointed retired Judge Andrew … Read More »

Berkeley County, State Supreme Court, Wrongful Termination

W.Va. members of Congress promise action against EPA

April 24, 2013 12:07 PM
By John O'Brien

WASHINGTON – A federal appeals court decision revoking parts of a Clean Water Act permit given in 2007 to the Mingo Logan Coal Company appears to have irked West Virginia’s congressional delegation. Four of the state’s five members of Congress … Read More »

Federal Court

D.C. Circuit allows EPA to withdraw permit for Logan mountaintop removal mine

April 23, 2013 1:24 PM
By John O'Brien

WASHINGTON – The Environmental Protection Agency can withdraw a Clean Water Act permit after it already issued it, a federal appeals court has ruled. The U.S. Court of Appeals for the District of Columbia Circuit ruled April 23 in favor … Read More »

Federal Court, Logan County

Controversial $50M case against Massey continuing in Va. court

April 22, 2013 4:26 PM
By John O'Brien

RICHMOND, Va. – The once-$50 million lawsuit that put state Supreme Court Justice Brent Benjamin in the national spotlight has been given new life by the Virginia Supreme Court. The court ruled April 18 to reverse Buchanan County Circuit Judge … Read More »

State Supreme Court

Former Summers County sheriff, deputy still owe attorneys fees in civil rights suit

April 19, 2013 9:00 AM
By Lawrence Smith

BECKLEY – A judge has ruled a former Summers County sheriff and his chief deputy are not only still on the hook for damages awarded in a former deputy’s civil rights lawsuit, but also her attorney’s fees. Last month, U.S. … Read More »

Federal Court, Summers County

Attorneys become litigants at Supreme Court

April 18, 2013 9:00 AM
By John O'Brien

CHARLESTON – Instead of doing the arguing, some state attorneys and law firms were the subjects of the state Supreme Court’s oral arguments held April 16-17. Charleston attorney Michael Clifford is defending himself from a conflict-of-interest complaint, while the Charleston … Read More »

Class Action, Roane County, State Supreme Court

Environmental groups sue Bandmill Coal over alleged selenium discharge

April 17, 2013 12:00 PM
By Kyla Asbury

HUNTINGTON – Three environmental groups are suing Bandmill Coal Corp. after they claim it has been discharging selenium into waterways. Bandmill has held a permit to regulate water pollution from its Tower Mountain Surface Mine and constructed Valley Fills 1R … Read More »

Federal Court

AG Morrisey opposes transfer, stay of case against Pfizer

April 16, 2013 11:33 AM
By John O'Brien

CHARLESTON – State Attorney General Patrick Morrisey says the defendants in one of his predecessor’s final lawsuits are forum-shopping and the case against them should be heard in state court. On April 3, Morrisey filed in U.S. District Court a … Read More »

Federal Court, Mason County, State Attorney General

Following AG’s report, WVU will re-bid media rights

April 15, 2013 1:57 PM
By John O'Brien

CHARLESTON – State Attorney General Patrick Morrisey announced April 15 that West Virginia University should re-bid its media rights following his investigation. Six weeks after getting involved, Morrisey has decided that there were problems in WVU’s awarding of a contract … Read More »

State Attorney General

With no objections, ‘floc’ settlement ready for final approval

April 15, 2013 8:30 AM
By John O'Brien

MOUNDSVILLE – It appears a proposed Marshall County class action settlement that sets up a medical monitoring system for West Virginians who worked at coal and water treatment plants will be approved. The docket of the case Stern v. Chemtall, … Read More »

Class Action, Marshall County

Former McDowell judge facing disciplinary action

April 12, 2013 8:30 AM
By Lawrence Smith

CHARLESTON – A former McDowell County circuit judge is accused of scuttling the cases of nearly a half-dozen clients since returning to private practice more than a decade ago. The Office of Disciplinary Counsel on Jan. 14 filed a five-count … Read More »

McDowell County

MDL created for contamination claims over DuPont’s Wood Co. plant

April 10, 2013 3:02 PM
By John O'Brien

COLUMBUS, Ohio – The Judicial Panel on Multidistrict Litigation has consolidated personal injury lawsuits against DuPont involving its Wood County plant. The JPML on April 8 created an multidistrict litigation proceeding in U.S. District Court for the Southern District of … Read More »

Federal Court, Personal Injury, Wood County

Insurer says former Jefferson sheriff’s actions violated coverage contract

April 10, 2013 8:00 AM
By John O'Brien

CHARLES TOWN – An insurance provider is claiming it shouldn’t be responsible for defending and indemnifying Robert “Bobby” Shirley, the former Jefferson County sheriff who pleaded guilty this year to civil rights violations. Shirley faced criminal charges and a civil … Read More »

Federal Court, Jefferson County

Strippers face arbitration agreement in class action against Paradise City

April 9, 2013 10:49 AM
By John O'Brien

MARTINSBURG – A mandatory arbitration clause stands in the way of three strippers who filed a class action lawsuit against the club they say unfairly took a percentage of their tips, while a federal judge has preliminarily approved $138,000 in … Read More »

Berkeley County, Class Action, Federal Court

Judge slashes Mountain State Justice’s fees request

April 8, 2013 9:00 AM
By John O'Brien

CHARLESTON – Mountain State Justice, the nonprofit law firm that helps low-income individuals, will recover only 69 percent of what it was requesting for helping a Beckley woman sue Wells Fargo. U.S. District Judge Thomas Johnston ruled March 29 that … Read More »

Federal Court, Kanawha County