CHARLESTON – A preliminary injunction sought by the plaintiffs in a lawsuit challenging West Virginia’s Smarter Balance Assessment Consortium was denied, citing lack of evidence. Angela Summers and Fred Dailey, who were represented by Thomas More Law Center; John Sauer of the James Otis Law Group; and Jeff Kimble and E.
CHARLESTON – The state Supreme Court of Appeals reversed a decision by Kanawha Circuit Court to suspend the occupational permit of seven jockeys for 30 days and imposed a fine of $1,000 to each of them for violating a rule governing horse racing. “After review of the circuit court’s order, the assignments of error, the applicable law, and pertinent portions of the appendix, for the reasons stated below, we reverse the circuit court’s order,” the recent opinion states.
PRINCETON – An employee is suing Outback Steakhouse in a class action lawsuit after he claims it has failed to pay the legal minimum wage to numerous employees, including himself. As of Jan. 1, the minimum wage in West Virginia was raised to $8 per hour and employees who received tips may be paid as low as $2.40 per hour, according to a complaint filed in Mercer Circuit Court. Stephen Sheets claims Outback did not adhere to West Virginia law and has been paying its employees less than the lega
WHEELING – A former employee is suing his employer after he was terminated over allegations he did not receive his wages in an applicable amount of time.
CLARKSBURG - A man is suing HCR ManorCare LLC after he claims it is responsible for his mother's injuries and death. HCR ManorCare Inc.; HCRMC Operations LLC; HCR ManorCare Heartland LLC; Manor Care Inc.; HCR Healthcare LLC; HCR Manor Care Services Inc.; Health Care and Retirement Corporation of America LLC; Heartland Employment Services LLC; Heartland of Clarksburg WV LLC; HCR ManorCare West Virginia Properties LLC; Stacey Welman; John Does 1 through 10; and Unidentified Entities 1 through 10,
HUNTINGTON – A lawsuit alleging property damage against Cabot Oil & Gas has been removed to federal court. The notice of removal was filed Oct. 19, claiming that the plaintiff and defendant are citizens of different states and the amount in controversy exceeds $75,000. While Chris Deweese is a citizen of West Virginia, Cabot Oil & Gas is a Delaware corporation with its principal place of business in Houston, Texas, according to the notice of removal. Deweese has invested more than $2.5 millio
WINFIELD – A man is suing Cabot Oil & Gas Corporation after he claims his property was damaged because of the company's actions. Chris Deweese purchased a Putnam County property on June 30, 2011, for the purpose of engaging in a significant cattle and hunting operation, according to a complaint filed in Putnam Circuit Court. Deweese claims the property operates with approximately $300,000 in cattle inventory and also has other farming operations. The cattle operation requires daily tending an
CHARLESTON – The West Virginia Supreme Court of Appeals has dismissed a lawsuit against school officials attempting to end the use of Common Core and in the state. The Supreme Court denied Del.
BOSTON – A West Virginia-based law firm has filed a class action lawsuit against Volkswagen over what it calls the deceptive marketing of “clean diesel” engines. The Boston office of Bailey & Glasser LLP filed the action Sept. 24 in federal court in Boston against Volkswagen Group of America. The suit describes Volkswagen’s secret software device allegedly designed to fool emission testers and buyers into believing the cars were “eco-friendly when in fact they spew pollutants more than 40 time
CHARLESTON – Attorneys for West Virginia’s top school officials, in a motion filed with the state Supreme Court of Appeals, argue that Delegate Michael Folk’s continued fight over the state’s Common Core educational standards is “purely political” and should be dismissed. Charleston law firm Bailey & Glasser LLP, which is representing the West Virginia Board of Education and Michael Martirano, the state’s schools superintendent, described Folk’s petition for a writ of mandamus, filed with the s
CLARKSBURG – Two West Virginia women have filed a proposed class action lawsuit against Lumber Liquidators Inc., alleging that a line of Chinese wood flooring sold by the company emits “excessive” levels of formaldehyde and has cost them thousands of dollars. Plaintiffs Liz Elson and Michelle Lewis filed their lawsuit last month in the U.S.
WAYNE – A woman is suing Louisa Log Yard after she claims it is responsible for her family member's death. BPM Lumber LLC is doing business as Louisa Log Yard. Wayne Lumber & Mulch Inc. was also named as a defendant in the suit. Thomas Lee Dickerson would perform work at Wayne Lumber's direction for the company's benefit and his duties included loading timber logs onto a log truck and then driving the log truck to destinations where the logs would be purchased, according to a complaint filed
BECKLEY - At least 15 more lawsuits have been filed against Raleigh General Hospital for allegations if a surgeon at the hospital performing unnecessary cardiac procedures on patients. The lawsuits involve the hospital, Dr. Donald Kenneth Glaser, Lifepoint Health Inc., Lifepoint Hospitals Inc. and Lifepoint WV Holdings Inc. as defendants in the suits. June Underwood; Mark Tincher; Roy Lane Neal; Daniel Mark Carr; Edith Marie Cook; Dessil Irene Farrish; David Shane Adkins; Sherry Lee Jones; Ram
CHARLESTON – A woman is suing Green Tree Servicing for abusive loan-servicing practices that caused her damages. Leah Ann Davis had a home-secured loan serviced by Green Tree and on numerous occasions, the defendant failed to fully credit her loan payments, according to a complaint filed in Kanawha Circuit Court and removed to federal court on June 24. Davis claims on July 14, 2014, she made a regular payment of $530, but Green Tree only credited a payment of $418.79. On Aug. 11, 2014, Davis
HUNTINGTON – A man is suing Starlight Behavioral Health Services Inc. after he claims the defendant violated the West Virginia Wage Payment and Collection Act. Zachary Toney-Marcum was employed by the defendant until his discharge in April 2011, according to a complaint filed in Cabell Circuit Court. Toney-Marcum claims the defendant failed to pay him his final wages in a timely manner. The defendant's actions violated the West Virginia Wage Payment and Collection Act, according to the suit.
Glasser CHARLESTON -- Observers of West Virginia's legal system say a case of alleged neglect by nursing home workers could mean another hurdle for the state's medical malpractice reforms.
