U.S. District Court for the Southern District of West Virginia
Recent News About U.S. District Court for the Southern District of West Virginia
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Former Taco Bell employee's racial discrimination suit dismissed
HUNTINGTON – A lawsuit against Taco Bell alleging a former employee was discriminated against for reporting racial slurs was removed to federal court, where it was dismissed. District Judge Robert C. -
Retaliatory firing case against Rally's dismissed in federal court
HUNTINGTON – A lawsuit against Rally's alleging a former employee was fired due to reporting illegal activity was removed to federal court, where it was dismissed. The plaintiff, Jerald Pullen, was notified that unless he obtained new counsel or notified the court in writing that he would represent himself, his lawsuit would be dismissed without prejudice, according to an order filed in the U.S. -
Man says Toyota retaliated against him for workers' comp claim
HUNTINGTON – A man is suing Toyota Motor Manufacturing West Virginia Inc. after he claims his employment was wrongfully terminated in retaliation for applying for workers' compensation benefits. Manpower of WV Inc. was also named as a defendant in the suit. Andrian Sowards began employment with the defendants on May 19, 2014, and, during his employment, Manpower issued checks for payment of Sowards' wages, according to a complaint originally filed in Putnam Circuit Court and removed the federa -
Woman sues Outback Steakhouse for injuries
BLUEFIELD – A woman is suing Outback Steakhouse after she claims she was injured at its restaurant in Princeton. Two unknown and unnamed general and shift managers were also named as defendants. On March 7, 2013, Linda Kearnes was a patron of Outback in Princeton she slipped and fell on liquid in the floor while being led to a table, according to a complaint filed March 4 in Mercer Circuit Court and removed to federal court. Kearnes claims was injured when she fell and her injuries were sever -
Parent sues Fayette Co. school board after daughter's sexual assault by bus driver
CHARLESTON - A parent is suing Fayette County Board of Education after they claim their daughter was sexually assaulted by a bus driver. Steven Richard "Rick" Malay, a bus driver employed by Fayette County Board of Education, was also named as a defendant in the suit. B.H. -
Former employees sue DeAngelo Brothers for inference with new jobs
HUNTINGTON – A Cabell County man and Ohio woman are suing DeAngelo Brothers LLC after they claim it interfered with their new jobs. Michael A. Adkins and Janet Holderby were employed by the defendant, according to a complaint filed in the U.S. District Court for the Southern District of West Virginia. -
Huntington nursing home abuse case removed to federal court
HUNTINGTON – A woman is suing Huntington Health & Rehabilitation Center after she claims her family member was neglected and abused during his time at the center. Seventeenth Street Associates is doing business as Huntington Health and Rehabilitation Center. SMV Huntington LLC; SSC Huntington Operating Company LLC; SSC Submaster Holdings LLC; SavaSeniorCare LLC; and SSC Special Holdings LLC were also named as defendants in the suit. On April 3, 2014, Gene Harrison was admitted to Huntington H -
Man accuses Southern Coal Corporation of wrongful termination
CHARLESTON – A man is suing Southern Coal Corporation for wrongfully terminating his employment due to a work-related injury and workers' compensation claim. Joshua Glenn Maynard was employed by Southern Coal and on July 13, 2013, he injured his back and shoulder while engaged in his employment, according to a complaint filed in Logan Circuit Court and removed to federal court. Maynard claims he filed a workers' compensation claim for his work-related injuries and from that day until January 2 -
Ohio couple says Cook's Heating & Cooling breached contract
BECKLEY – An Ohio couple is suing Cook's Heating & Cooling after they claim it breached their contract when building their home. Castle Rock Construction LLC; Gregory Eugene Cook, individually and doing business as Greg Cook Services; Joey L. -
Baby monitor house fire case removed to federal court
CHARLESTON – A lawsuit involving an alleged faulty baby monitor has been removed to federal court. The notice of removal states that the federal court has original jurisdiction of all civil actions where the matter in controversy exceeds the sum of $75,000, according to the notice. Summer Infant is a Rhode Island corporation and Toys R Us is a Delaware corporation, satisfying the diversity of citizenship requirements, according to the notice of removal. In May 2012, Travis E. -
Charleston man sues debt-collecting law firm for its practices
CHARLESTON – A Charleston man is suing a Kentucky-based law firm for violating the Fair Debt Collection Practices Act and the West Virginia Consumer Credit and Protection Act. Bruce A. Fernett received a letter constituting a debt collection communication from Fenton & McGarvey Law Firm PSC in May, according to a complaint filed in the U.S. District Court for the Southern District of West Virginia. -
Discrimination case against Andersen Windows goes to federal court
HUNTINGTON - A man is suing Andersen Windows Inc. after he claims he was discriminated against based on his disability. David Sepic, an employee of Andersen Windows, was also named as a defendant in the suit. Gary K. -
Toys R Us removes Kanawha house fire case to federal court
CHARLESTON – Toys R Us has removed a lawsuit claiming one of its products caused a Kanawha County house fire to federal court, and the company seeks to have the case dismissed. Toys R Us Inc. and Summer Infant Inc. filed to have the case of Travis E. -
Former employee accuses Cabell Co. Commission of discrimination, FMLA violations
HUNTINGTON – A former employee is suing Cabell County Commission in federal court for discrimination and Family and Medical Leave Act violations. Donna L. -
Woman says educational loan company violated consumer protection act
BECKLEY - A woman is suing Great Lakes Educational Loan Services Inc. after she claims it violated the West Virginia Consumer Credit and Protection Act. Autumn Iannamorelli claims Great Lakes has engaged in repeated violations of the West Virginia Consumer Credit and Protection Act, according to a complaint originally filed in Raleigh Circuit Court and removed to federal court on July 29. Iannamorelli claims Great Lakes attempted to collect debt by coercion, in violation of West Virginia code -
Woman sues United Financial, driver for car accident
CHARLESTON – A woman is suing United Financial Casualty Company and the driver of a vehicle that she was in when a car accident occurred. Verba J. -
Verizon moves FMLA violations case to federal court
FMLA violations lawsuit against Verizon removed to federal court HUNTINGTON - A lawsuit alleging Verizon Wireless violated the Family Medical Leave Act has been removed to federal court. The civil action is properly removed to the U.S. -
Couple sues Vertical Concrete Walls for accident injuries
CHARLESTON – A couple is suing Vertical Concrete Walls Inc. after they claim it breached its duty by failing to maintain control of its vehicle. On Jan. 13, a one-ton work truck loaded with poured-wall forms and owned by the defendant was parked at the residence of Scott Whitman, which was locate on a hill above the residence of L.D. -
Couple accuses debt collector of consumer protection violations
BECKLEY – A couple is suing EGS Financial Care Inc. after they claim it violated the West Virginia Consumer Credit and Protection Act. EGS was formerly known as NCO Financial Systems Inc. Clayton L. -
Woman claims NGK violated FMLA, wrongfully fired her
CHARLESTON – A woman is suing NGK Spark Plugs (USA) Inc. after she claims it violated the Family Medical Leave Act and wrongfully terminated her employment. Doris Scraggs was employed by the defendant from Aug. 19, 1996, until Jan. 12, according to a complaint filed June 5 in Kanawha Circuit Court and removed to federal court on July 20. Scraggs claims during her employment, she performed her duties in a satisfactory manner and met the defendant's reasonable expectations. On Dec. 10, 2013, Sc