Lawrence Smith News
MPLA constitutional, but Justices overturn dismissal of Mason malpractice case
Westmoreland CHARLESTON – Without commenting on constitutional issues raised, the state Supreme Court remanded a Mason County case dealing with the Medical Professional Liability Act back to circuit court for trial.
Court to settle statute of limitations dispute ophthalmologist has with two other doctors
CHARLESTON – The state Supreme Court soon will hear two cases in which one doctor is both appellant and appellee in separate civil suits he was with two other doctors.
Workman, Walker sound off on non-partisan judicial elections
Workman CHARLESTON – During a forum last Monday sponsored by the state's independent insurance agents, two of the candidates for Supreme Court had the opportunity to say where they stood on the issue of non-partisan election of judges.
Chief Justice tells docs MPLA not applicable in all med mal cases
Maynard CHARLESTON – So long as a 2003 medical malpractice reform law remains constitutional, it, and its component parts, will remain "a moving target" said West Virginia's chief justice.
Bastress, Maynard neither support nor oppose non-partisan judicial elections
Bastress CHARLESTON – When it comes to confessing belief or opposition to making judicial elections non-partisan, at least two candidates for state Supreme Court admit to being agnostic on the question.
Judge's intervention sought on motion for new trial in Gigliotti case
MORGANTOWN – After two months of inaction, the five West Virginia residents who allege they were swindled by an alleged Virginia private investigator are asking the chief circuit judge to compel the magistrate who has the case to rule on their motion for new trial.
Albright unaware of attorney's contributions, handling of son's ethics complaint
CHARLESTON – A state Supreme Court justice is surprised to find out that an appellant named in a case the Court is scheduled to hear this week not only contributed to at least two of his bids for the Court, but also did so while investigating an ethics complaint against his son.
Justices hear Mason County case challenging MPLA
Westmoreland CHARLESTON – Among the cases argued before the state Supreme Court this week was an anticipated one from Mason County challenging the portion of a 2003 medical malpractice reform law requiring a certificate of merit.
Money issues too familiar for Huntington attorney
CHARLESTON – The inability to properly handle his client's money is a problem that seemingly has dogged a Huntington attorney most of his legal career.
Bar seeks suspension of Huntington attorney's license
CHARLESTON – Until it completes its investigation, the state Bar Association is asking the state Supreme Court to immediately suspend the license of a Huntington attorney for allegedly transferring over $100,000 owed to one of his clients into his personal account.
Kanawha judges get new counsel in Osborne case
CHARLESTON – Citing matters that arose out of pre-trial conference, a Morgantown law firm has withdrawn as legal counsel for all the Kanawha Circuit judges named in pending civil suit in federal court.
Special judge appointed in Dues case; appointments loom in two others
CHARLESTON – No sooner has a special judge been appointed in one civil case involving two Kanawha judicial officers than two new ones have been filed against them.
Former Mason doctor also faces sexual imposition charges in Ohio
Dr. Jack Levine (Photo courtesy of the Shelbyville Daily Union) CHARLESTON – Along with pending civil cases in West Virginia and Illinois, a former Mason County physician now faces criminal charges in Ohio, according to police and media reports.
Three-judge panel appointed in petition for removal of Nitro officials
CHARLESTON – The state Supreme Court has appointed a three-judge panel to rule on a petition seeking the removal of four city officials in Nitro.
Appointment of special judge sought in Dues case
CHARLESTON –A civil case alleging fraud on behalf of two Kanawha judicial officers may resume again soon as all remaining circuit judges have recused themselves.
Ex-employee files two suits against Workforce West Virginia
CHARLESTON – A Cabin Creek woman has filed not one, but two lawsuits against the state of West Virginia, her former employer, alleging improper termination.
Shabazz weighs in on hate-crime dispute between AG, Logan prosecutor
Shabazz CHARLESTON – Though state black leaders are keeping mum on a dispute between the state attorney general and the Logan County prosecutor over filing hate-crime charges in a civil rights case, a Washington, D.C.. attorney said West Virginians should "stay tuned" if the case continues to be a political football.
Eagloski named in ethics complaint filed by Putnam Web site publisher
CHARLESTON – For the second time in as many months, the publisher of a Putnam County news Web site has filed an ethics complaint against a Putnam judicial officer alleging, among other things, interference with the press.
Similarities in Illinois wrongful-death, sealed W. Va. malpractice suits
Delores Clonch shows a diagram of how the doctor would remove a portion of and later reattach her colon. (Photo by Lawrence J. Smith) CHARLESTON – The allegations leveled against a former Mason County doctor in an Illinois wrongful death suit bears a resemblance to the allegations a Gallipolis, Ohio, woman leveled against him in a 2000 malpractice suit.
Residents submit nearly two dozen documents in case against alleged Va. P.I.
CHARLESTON – Looking more like what may be submitted for a case in circuit or the Supreme Court, the five residents with a pending case in Monongalia Magistrate Court against an alleged Virginia private investigator hope the 23 exhibits they recently submitted will convince the magistrate to keep the case alive.