Jessica Karmasek News
Justices rule on venue issue in Tough Mudder death case
CHARLESTON – The West Virginia Supreme Court of Appeals, in a ruling last week, shot down a plaintiff’s efforts to have a lawsuit filed over her son’s death at a Tough Mudder event in Berkeley County remain in a Marshall County court. The state’s high court, in an opinion issued Sept. 24, granted a petition for writ of prohibition filed by Airsquid Ventures Inc., doing business as Amphibious Medics; Tough Mudder LLC; Peacemaker National Training Center LLC; General Mills Inc. and General Mills
State Supreme Court says nurse board didn't comply with state code
CHARLESTON – The West Virginia Supreme Court of Appeals said in a ruling last week that the state Board of Registered Professional Nurses failed “almost entirely” to comply with state code in resolving a complaint against a former Parkersburg-area nurse. Lisa Miles petitioned the court, seeking a writ prohibiting the board from proceeding on a complaint against her nursing license. Miles, who received her nursing degree in 2010, worked as a registered nurse in the emergency room at St. Joseph’
State school officials call delegate's Common Core suit 'purely political'
CHARLESTON – Attorneys for West Virginia’s top school officials, in a motion filed with the state Supreme Court of Appeals, argue that Delegate Michael Folk’s continued fight over the state’s Common Core educational standards is “purely political” and should be dismissed. Charleston law firm Bailey & Glasser LLP, which is representing the West Virginia Board of Education and Michael Martirano, the state’s schools superintendent, described Folk’s petition for a writ of mandamus, filed with the s
D.C. Circuit denies state AGs' petition to postpone Clean Power Plan deadlines
WASHINGTON – A federal appeals court has shot down a petition, filed by a coalition of 15 state attorneys general, asking it to issue an emergency stay to postpone deadlines imposed by the federal Environmental Protection Agency’s Clean Power Plan. The three-judge panel of the U.S.
Ex-WVU pharmacy student files discrimination suit
CLARKSBURG – A former West Virginia University School of Pharmacy student has filed a lawsuit in federal court against the school and his former professors, alleging his dismissal from the program last year was racially and religiously motivated. Plaintiff Basil Al-Asbahi filed his lawsuit in the U.S.
Lumber Liquidators named in federal class action over formaldehyde
CLARKSBURG – Two West Virginia women have filed a proposed class action lawsuit against Lumber Liquidators Inc., alleging that a line of Chinese wood flooring sold by the company emits “excessive” levels of formaldehyde and has cost them thousands of dollars. Plaintiffs Liz Elson and Michelle Lewis filed their lawsuit last month in the U.S.
Wheeling Jesuit parents sue dead son's attackers, bars that served them
WHEELING – The parents of a former Wheeling Jesuit University student have filed a federal lawsuit against the two men who allegedly “viciously attacked” their son, resulting in his death, and the two Wheeling bars that allegedly served the men. Thomas and Valerie Figaniak filed the lawsuit on behalf of their son, Kevin Figaniak, who was a 21-year-old student at Wheeling Jesuit in 2013. The Figaniaks filed their lawsuit Aug. 24 in the U.S.
German drug maker files patent lawsuit against Mylan
WHEELING – A German pharmaceutical company has filed a patent infringement lawsuit against Morgantown-based Mylan Pharmaceuticals. Plaintiff Boehringer Ingelheim Pharmaceuticals Inc. contends that defendant Mylan submitted Abbreviated New Drug Applications, or ANDAs, to the Food and Drug Administration seeking the approval to make and sell generic versions of Boehringer’s Tradjenta and Jentadueto tablets. An ANDA is an application for a U.S.
Inmates accuse jail authority of excessive force during search raids
CHARLESTON – A Charleston attorney has filed seven separate complaints regarding the “unreasonable and excessive force” allegedly used by members of special response teams at two of the state’s regional jails. Paul M.
Cabell woman wants Parole Board to turn over documents, more
CHARLESTON – A Huntington woman currently serving time for embezzling thousands from a former employer has asked a Kanawha County judge to order the West Virginia Parole Board to turn over a recording of her parole hearing, along with other requested documents. Plaintiff Leigh Ann Zappin filed a complaint in Kanawha Circuit Court seeking the recording and documents, after she was denied parole by the board in May. Zappin argues that the board, including its chairwoman, Benita Murphy, is “delib
Mercer Co. woman says Beckley doctors improperly placed birth control device
BECKLEY – A Mercer County woman is suing two Beckley physicians for negligence, alleging they are responsible for an improperly placed birth control device. Plaintiff Melissa D.
Judge denies DuPont testimony, expert motions
COLUMBUS, Ohio – A federal judge, for the most part, denied motions by DuPont asking the court to exclude certain testimony and experts in an ongoing mass tort against the chemical company by Mid-Ohio Valley residents who were exposed to C8 in their drinking water. Judge Edmund A.
W.Va. lawmaker wants state’s high court to take up Common Core lawsuit
Delegate Michael Folk argues the state school board and superintendent are violating state code and the U.S. and West Virginia constitutions by implementing the math and English standards.
W.Va. Judicial Investigation Commission responds to criticism over handling of Davis complaint
Ronald Wilson, who serves as chairperson of the JIC and is a judge in West Virginia’s First Judicial Circuit, says the commission is "independent" and takes issue with the public filing against the state Supreme Court justice.
Morrisey: Deal reached with Cabell Huntington Hospital in St. Mary’s acquisition
Attorney general says agreement, filed in Cabell County Circuit Court Friday, establishes conditions to ensure Cabell's purchase of St. Mary's Medical Center complies with state and federal laws.
Indiana, N.C. agency join coalition fighting EPA water rule
CHARLESTON – A bipartisan coalition of states fighting the U.S.
W.Va., 8 other states sue over EPA water ‘lunacy’
CHARLESTON – West Virginia Attorney General Patrick Morrisey is leading the charge in a lawsuit, filed in a Georgia federal court Tuesday, that challenges a proposed Environmental Protection Agency rule that would extend its authority to all bodies of water. West Virginia is among the bipartisan, nine-state coalition that argues the “Waters of the United States” rule would unlawfully expand the federal agency’s regulatory reach over small streams, land and farms. Morrisey, a Republican, feels
USSC says EPA was ‘unreasonable’ to not consider cost
WASHINGTON – The U.S.