Jessica M. Karmasek News
Monongalia woman's estate asks court to clarify beneficiaries
CHARLESTON – The administrator of a deceased Monongalia County woman’s estate has asked a state court to determine who is her surviving beneficiary. Under the terms of Marilyn Huffman’s will, her husband Allen Huffman and son Brian Huffman were named as primary and secondary beneficiaries. However, both died before Huffman, who died last October. The third beneficiary listed in Huffman’s will was the “Cheat River Stocking Program.” But there is no entity by that name. According to research d
Court says insurers must turn over abandoned policies to state
CHARLESTON – The West Virginia Supreme Court of Appeals, in a ruling Tuesday, revived more than 60 lawsuits filed by state Treasurer John Perdue against life insurance companies, saying the companies must turn over abandoned policies to the state.
State senators suggest I-81 tolls to boost highway funds
CHARLESTON – Two Republican West Virginia state senators are suggesting adding a toll to a stretch of interstate in the state’s eastern Panhandle to shore up lacking federal highway funds.
Capito introduces bill to roll back EPA’s proposed Clean Power Plan
WASHINGTON – West Virginia’s U.S. Sen. Shelley Moore Capito has introduced legislation aimed at rolling back President Barack Obama’s Clean Power Plan.
USSC ruling in Florida judge money case hits close to home
WASHINGTON – The U.S. Supreme Court last week upheld a Florida rule prohibiting judges and judicial candidates from personally soliciting campaign contributions.
DOJ sues Manor Care, alleges it provided medically unnecessary services
ALEXANDRIA, Va. – The federal government is suing skilled nursing chain HCR Manor Care, alleging that the health care provider “knowingly and routinely” submitted false claims for services that were not medically reasonable and necessary.
Manchin, Capito work to stop EPA’s ozone regulation
WASHINGTON (Legal Newsline) – U.S. Sen. Joe Manchin has introduced legislation to block the federal Environmental Protection Agency from implementing costly ozone regulations.
Federal court sides with insurer in ‘pill mill’ lawsuit
MIAMI – A federal court ruled earlier this week that an insurer does not have to defend and indemnify its client, one of more than a dozen major prescription drug distributors that was sued by former West Virginia Attorney General Darrell McGraw in 2012.
CSX agrees to new EPA order for clean up of train derailment
PHILADELPHIA– The federal Environmental Protection Agency announced Friday that CSX Transportation Inc. has agreed to clean up and restore the areas affected by last month’s train derailment in Mount Carbon.
W.Va. House members introduce EPA bill
WASHINGTON (Legal Newsline) – West Virginia’s entire U.S. House of Representatives delegation has re-introduced a bill that looks to stop the federal Environmental Protection Agency’s “unprecedented” overreach.
Case alleges McHugh Fuller ‘encouraging’ lawsuits through ads
CINCINNATI – An Ohio federal judge last week sent a lawsuit filed by a Portsmouth-based nursing home facility against Mississippi law firm McHugh Fuller Law Group back to a state court.
Capito questions EPA water rule
WASHINGTON – During a Congressional hearing, U.S. Sen. Shelley Moore Capito questioned a proposed federal Environmental Protection Agency rule that would extend its authority to all bodies of water.
Patent reform remains a priority on Capitol Hill
WASHINGTON – Federal lawmakers remain mum on the details of a new patent reform bill, but agree they are committed to bringing legislation to the table early this year.
Morrisey, other AGs file petition about EPA’s proposed carbon emission regulation
CHARLESTON – West Virginia Attorney General Patrick Morrisey is leading the charge in arguing that the Environmental Protection Agency should declare illegal a settlement deal in which the agency promised to issue its proposed Clean Power Plan.
UPDATE: ABC report questions Davis' ethics; justice calls TV crew 'underhanded'
CHARLESTON – West Virginia Supreme Court of Appeals Chief Justice Robin Jean Davis is under attack for not disclosing the sale of a private jet owned by her husband, Charleston attorney Scott Segal, for more than $1 million.
State DEP, coal group file comments on EPA carbon emissions plan
CHARLESTON – The West Virginia Department of Environmental Protection on Monday filed comments related to the federal Environmental Protection Agency’s proposed Clean Power Plan.
Judge sides with Raleigh County lab, says DEP must comply with board’s order
CHARLESTON – A Kanawha County court judge has ordered the West Virginia Department of Environmental Protection to comply with a state board’s order allowing a Raleigh County laboratory to remain open.
Federal Circuit rules against Acacia subsidiary in case over ‘device profile’ patent
WASHINGTON (Legal Newsline) – The U.S. Court of Appeals for the Federal Circuit ruled last week that a device profile patent asserted by the subsidiary of one of the country’s leading licensing companies is invalid.
Study: EPA regulations to cause W.Va. energy prices to soar
WASHINGTON – Another study is projecting staggering economic impacts to West Virginia resulting from a series of federal Environmental Protection Agency regulations, including a proposed plan to regulate carbon dioxide emissions from existing fossil-fuel power plants.
Justices: State entitled to ‘full surrender’ of annuity contracts
CHARLESTON – The West Virginia Supreme Court of Appeals says the state is entitled to a “full surrender” of two annuity contracts without delays in payment or surrender charges.