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WEST VIRGINIA RECORD

Friday, November 1, 2024

Steve Korris News


Justices to hear Berkeley case on new home tax

By Steve Korris |
Maynard CHARLESTON – Former state Supreme Court Justice Spike Maynard and former state legislator Larry Faircloth abolished a tax on new homes in Berkeley County, but state and local regulators want the Supreme Court of Appeals to reinstate the tax.

Marshall settles suit with nursing student

By Steve Korris |
HUNTINGTON – Marshall University governors decided against defending the school in a trial that would have compared the treatment of the state treasurer's daughter to that of a student with a hearing impairment.

Massey merging to escape lawsuits, shareholder claims

By Steve Korris |
RICHMOND, Va. – Massey Energy directors approved the merger with Alpha Natural Resources to escape lawsuits over the Upper Big Branch mine explosion that killed 29 men last year, a Massey shareholder alleges in federal court.

Judge wrongly denied fee waiver, Justices say

By Steve Korris |
Ketchum CHARLESTON – Morgan Circuit Judge John Yoder improperly denied waiver of filing fees in a civil suit, the Supreme Court of Appeals decided.

Justices to hear case about McDowell Co. legal fees

By Steve Korris |
CHARLESTON – The Supreme Court of Appeals must decide whether McDowell County owes county commissioner Ray Bailey more than $45,000 in legal fees from an election dispute.

Copenhaver moves state's mountaintop mining case to D.C.

By Steve Korris |
Copenhaver CHARLESTON -- For the sake of "certainty and finality in the coalfields," U.S. District Judge John Copenhaver decided that West Virginia's challenge to new federal rules for mountaintop mining belongs in federal court at Washington.

Ronceverte annexation was illegal, Justices say

By Steve Korris |
Ketchum CHARLESTON – Ronceverte city council members who annexed a subdivision four miles away illegally included roads leading to the subdivision without including properties along the roads, the Supreme Court of Appeals decided on Jan. 20.

Justices won't rehear Jackson Hewitt case

By Steve Korris |
Chambers CHARLESTON – Tax preparer Jackson Hewitt couldn't convince the Supreme Court of Appeals to review a decision defining it as a credit broker for purposes of a class action.

Judge won't break legal malpractice case up

By Steve Korris |
WHEELING -– A Texas law firm and other lawyers defending a legal malpractice suit reached agreement with 15 former clients to break the case into 15 individual cases, but a federal disagreed.

Nine federal Dollar General cases settled

By Steve Korris |
CLARKSBURG – Nine individuals settled claims that Dollar General store owners classified them as managers in order to dodge labor laws.

Judge leaves door open to mining restrictions

By Steve Korris |
Walton WASHINGTON – U.S. District Judge Reggie Walton didn't overturn new restrictions on Appalachian coal mining, but he left no doubt he could do it later.

Justices to hear trio of nursing home cases

By Steve Korris |
CHARLESTON – Fifty-five percent of costs from liability claims against nursing homes flow to lawyers, a friend of the Supreme Court of Appeals argues in three pivotal cases the Justices will hear on Wednesday, Jan. 18.

Judge lifts stay on Jackson Kelly black lung case

By Steve Korris |
Karlin BECKLEY – Neither Jackson Kelly law firm nor three individuals suing the firm over its defense of black lung claims asked U. S. District Judge Thomas Johnston to resume proceedings after 18 quiet months, but he did it anyway.

CSX plaintiffs suing Texas firm will be deposed in N.C.

By Steve Korris |
Cook WHEELING -– Former CSX railroad workers from North Carolina who sued a Texas law firm in federal court don't have travel to Wheeling for depositions, U.S. Magistrate Judge James Seibert has decided.

Law firm wants lawyers who sued it off black lung case

By Steve Korris |
Karlin BECKLEY – Lawyers who sued Jackson Kelly law firm over its defense of black lung claims shouldn't pursue a separate black lung claim against a Jackson Kelly client, the firm argues in federal court.

Texas Justices disagree with W.Va. ruling

By Steve Korris |
Johnson AUSTIN, Texas -– West Virginia's Supreme Court of Appeals erred in a decision on auto safety last year, according to the Supreme Court of Texas.

Goodwin ruling on vaccinations wrong, lawyer argues

By Steve Korris |
Goodwin RICHMOND, Va. –- U.S. District Judge Joseph Goodwin committed an error when he denied a mother's right to send a child to school without vaccinations, a lawyer has told the Fourth Circuit appeals judges.

Putnam developer must comply with new stormwater ordinance, Justices rule

By Steve Korris |
CHARLESTON – Developers who built 40 homes in Hurricane under an old stormwater ordinance must comply with a new ordinance before building 31 more homes, the Supreme Court of Appeals has ruled.

Texas firm says no evidence N.C. plaintiffs can't travel to W.Va. for depositions

By Steve Korris |
Garrison WHEELING -– A Texas law firm claims 15 former clients from North Carolina failed to prove they can't travel to West Virginia for depositions in their malpractice suit against the firm.

Warranties can be limited to buyer, Justices rule

By Steve Korris |
Benjamin CHARLESTON – Merchants who sell warranties can limit them to original purchasers, according to the Supreme Court of Appeals.