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News by John O'Brien on West Virginia Record

WEST VIRGINIA RECORD

Wednesday, November 27, 2024

John O'Brien News


Massey faces water suit

By John O'Brien |
Massey CEO Don Blankenship CHARLESTON - Four environmental groups are suing five subsidiaries of Massey Energy, the company that owns the Raleigh County mine where 29 miners recently lost their lives, over alleged violations of the Clean Water Act.

Federalist Society explores impact of Caperton decision

By John O'Brien |
Caperton WASHINGTON (Legal Newsline) - Though Hugh Caperton ultimately lost his $50 million case against Massey Energy, the case is beginning to have an effect on how several states view judicial recusal standards, a new publication by the Federalist Society says.

DuPont asks for rehearing of punitives issue

By John O'Brien |
Hill CHARLESTON - DuPont has asked the state Supreme Court for a rehearing of the once-$381 million case against it.

Seven AGs support states' rights in Montana case

By John O'Brien |
McGraw MISSOULA, Mont. (Legal Newsline) - Seven state attorneys general, including West Virginia's Darrell McGraw, are supporting the state of Montana's defense of its Firearms Freedom Act, which allows the firearms industry to operate without being subjected to federal laws and regulations.

Duke prof: Efforts at financial reform misdirected

By John O'Brien |
Munger DURHAM, N.C. - President Barack Obama is on a publicity tour to tout proposed financial industry reform proposed by outgoing U.S. Sen. Chris Dodd.

Mine tragedy ad may result in ethics charge

By John O'Brien |
Underwood CHARLESTON - The law firm that ran advertisements in the wake of the recent Raleigh County mine tragedy is expecting an ethics complaint.

CALA criticizes attorney's mine disaster ad

By John O'Brien |
Underwood CHARLESTON -- A legal reform group is criticizing the timing of an attorney's advertisement in the wake of the recent Raleigh County mine tragedy, while the attorney says he was simply trying to give a helping hand.

Delegate not surprised by McGraw decision

By John O'Brien |
Miller CHARLESTON -- One of state Attorney General Darrell McGraw's biggest critics says a federal court has done to McGraw what state lawmakers won't.

The incentives of a class action

By John O'Brien |
Hill CLARKSBURG -- When Harrison Circuit Court Judge Thomas Bedell asked for any objections to $127 million being paid to attorneys in a class action lawsuit against DuPont during a 2008 hearing, no class member in attendance responded.

Attorney responds to Ketchum's medical monitoring dissent

By John O'Brien |
Hill CHARLESTON -- State Supreme Court Justice Menis Ketchum's forceful dissent in a $381 million case wasn't a total shock to Charleston attorney Ed Hill.

Judge rules against McGraw, budget to be shorted

By John O'Brien |
McGraw CHARLESTON, W.Va. (Legal Newsline) - The federal government was right to withhold more than $400,000 from the state of West Virginia because of one of Attorney General Darrell McGraw's settlements, a federal judge has ruled.

DHHR still looking through health care law

By John O'Brien |
Obama CHARLESTON - The state Department of Health and Human Resources says it is still determing what effect federal health care reform will have on the state.

Group may challenge publicly financed election

By John O'Brien |
Manchin CHARLESTON (Legal Newsline) - Before West Virginia ever holds a publicly financed election for two Supreme Court seats in 2012, the law allowing it might have to survive a challenge in court.

State should be wary of plaintiffs attorneys, Ketchum warns

By John O'Brien |
Ketchum CHARLESTON - State Supreme Court Justice Menis Ketchum recently wrote that the plaintiffs lawyers in a $381 million case against DuPont will harm the state's economy if a medical monitoring law is not abolished or revised.

Supreme Court will hear appeal of McGraw victory

By John O'Brien |
McGraw CHARLESTON - The state Supreme Court will hear Johnson & Johnson's appeal of a nearly $4.5 million civil penalty imposed on it in a lawsuit brought by state Attorney General Darrell McGraw.

W.Va. Chamber laughs off trial lawyers' comments

By John O'Brien |
Roberts CHARLESTON -- West Virginia's trial lawyers are calling on the state Chamber of Commerce to denounce a national study that criticizes state courts, a suggestion Chamber president Steve Roberts called laughable.

Bill would have let W.Va. AG probe fuel price-gouging

By John O'Brien |
McGraw CHARLESTON - A bill introduced this year would have allowed state Attorney General Darrell McGraw to charge businesses with price-gouging on fuel.

Supreme Court won't rehear controversial $50M case

By John O'Brien |
Caperton CHARLESTON - The state Supreme Court decided Thursday not to rehear the controversial $50 million case that sparked a nationwide debate about judicial recusal standards.

Federal jury finds fraud on part of asbestos lawyers

By John O'Brien |
NATCHEZ, Miss. (Legal Newsline) - A federal jury decided Monday that two Mississippi lawyers committed fraud against a railroad company they sued in a pair of asbestos lawsuits.

Senate approves business court plan

By John O'Brien |
Thompson CHARLESTON - The state Senate on Wednesday gave its approval to a bill that would allow the state Supreme Court to create business courts in certain districts.