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CHARLESTON – Kanawha Circuit Court Judge Carrie L. Webster has denied the City of Beckley’s motion to dismiss in a lawsuit against it for allegedly failing to properly submit retirement paperwork. “This court finds that West Virginia Code … does not prohibit plaintiff’s claims against this defendant,” the March 6 order states. “This court finds that the plaintiff may pursue his cause of action under his public policy retaliation claim at this time.”
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CHARLESTON – The Second Annual Duane Ruggier MS Golf Tournament is scheduled for May 9 at Berry Hills Country Club in Charleston. All proceeds for the tournament will go to the MS Society. Duane Ruggier II, an attorney at Pullin Fowler Flanagan Brown & Poe in Charleston, said it is a great honor that the tournament has been named after him.
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BECKLEY – I had not been practicing law very long when I first met Justice Brent Benjamin, but longtime observers of the state Supreme Court have told me him taking a seat on the bench in 2005 brought a refreshing perspective to the Court.
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CHARLESTON – A Kanawha Circuit Court judge has entered a final judgment in a lawsuit against Charleston-Kanawha Housing Authority after a two-day trial. Circuit Judge James C. Stucky entered the final judgment after a trial occurred on Feb. 22 and 23.
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WAYNE – Foodfair Inc. filed an answer to the plaintiff’s complaint in a lawsuit against it and Mars Chocolate North America LLC alleging an object was in a bag of peanut M&Ms that caused the plaintiff to break a tooth. In its answer, Foodfair stated that there has been no proof whatsoever that it sold the alleged defective product in the case and/or caused the object at issue to be in Sue Osborne’s food, however, if the M&Ms at issue were sold by Foodfair, it was merchantable and fit for the int
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CHARLESTON – State Supreme Court Justice Robin Jean Davis said the majority has continued to ignore the plain language of West Virginia code in a recent opinion.
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CHARLESTON – The West Virginia Supreme Court of Appeals has ruled that the circuit court erred in its decision to not credit State Farm for an advance payment.
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CHARLESTON – A lawsuit against the Logan County Board of Education has been dismissed from federal court, but the plaintiff’s attorney plans to re-file it. Attorney Ben White says he plans to re-file the lawsuit next week. He said he’s had financial problems as a result of the economy and had to downsize his law practice.
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SUMMERSVILLE – A three-judge panel has dismissed a removal petition against the Nicholas County Commission, its president and two commissioners. The judges granted an order granting the respondents’ motion for summary judgment, according to the Jan. 4 order. The three-judge panel included Judges Phillip D. Gaujot, John W. Hatcher Jr. and Timothy L. Sweeney.
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RIPLEY – A Georgia corporation is suing an installation company, seeking declaration that a mechanics lien is invalid and should be stricken from Jackson County records.
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CHARLESTON -- The Charleston Area Alliance has announced the winners of the 2008 "Expect the Best" Awards.