BECKLEY – Alpha Natural Resources is seeking nearly $28 million in restitution from former CEO Don Blankenship in the criminal case against him. Alpha filed a motion for miscellaneous relief on March 7, and Blankenship’s attorneys filed a memorandum opposing the relief on the same day.
CHARLESTON – A suit in which a man blames Wal-Mart, PepsiCo and Frito-Lay for injuries after an incident involving an in-store display of chips and salsa is headed to federal court. On Feb. 2, 2013, Arthur Buckalew was a patron lawfully walking along the premises near inside fixture displays of various merchandise, including Tostito’s corn chips and salsa, according to a complaint filed Jan. 27 in Kanawha Circuit Court. Wal-Mart filed to have it removed to federal court on Feb. 29.
WINFIELD – The grandson of the founders of a Poca funeral home is suing the current owners, who already were facing legal troubles. J. Michael Gatens III filed his lawsuit Feb. 12 in Putnam Circuit Court claiming Chad Harding owes him $113,000 on a promissory note as well as interest. Harding is the owner of Gatens-Harding Funeral Home and has been accused of falsely reporting 111 deaths to an insurance company, allegedly to collect pre-need funeral services.
MARTINSBURG — A West Virginia contractor who is a defendant in a personal injury lawsuit has filed a petition to move the case from Brooke Circuit Court to federal court.
CHARLESTON — A 20-year-old Ohio man claims West Virginia University Institute of Technology ("WVU Tech") broke its promises to make special arrangements to accommodate his learning disabilities.
CHARLESTON — The nation’s largest prescription drug distributor has asked to have a lawsuit filed against it by West Virginia Attorney General Patrick Morrisey removed to federal court. Morrisey’s office filed the complaint Jan. 8 in Boone Circuit Court against McKesson, the nation's largest prescription drug distributor for allegedly failing to identify, detect, report and help stop the flood of suspicious drug orders into the state. McKesson filed its notice of removal to federal court on Feb.
CHARLESTON – A lawsuit has been filed against Protective Life Insurance Company alleging it breached its contract with a woman and her late husband. Dai-Ichi Mutual Life Insurance Co. was also named as a defendant in the suit. In April 2005, Rhoda Frye and her husband purchased life insurance policies from Chase Life Insurance Company and the defendants ultimately took over the policies and obligations under the policies, according to a complaint filed in Mingo Circuit Court and removed to feder
CHARLESTON – The company that manufactures the chemical leaked into the Elk River in the 2014 spill that left more than 300,000 people without water for days wants a lawsuit by the administrator of the claim plan heard in federal court. Robert L. Johns, in his capacity as GC Plan Administrator and as Spill Claim Plan Administrator for Freedom Industries, filed his lawsuit Jan. 19 in Kanawha Circuit Court. Freedom Industries Inc. also is listed as a plaintiff in the case against Eastman Chemical
CLARKSBURG – A man is suing Omega Laboratories Inc. after he claims it falsely reported his drug test results and caused him to lose his job. Shawn Michael Marsh was employed by Wyoming Casing Services and was subjected to drug testing every three months, according to a complaint filed Jan. 12 in Harrison Circuit Court and removed to federal court on Feb. 12.
CHARLESTON — A Kanawha County man is suing a debt collector for allegedly using false, deceptive and misleading tactics to collect money owed on a credit card.
CLARKSBURG — A Birmingham, Ala.-based trucking business has filed a petition to remove a property damage case in which it is a defendant from Doddridge Circuit Court to federal court.
WHEELING – Energy firm Gastar Exploration, the defendant in a civil suit filed by Kenneth and Nadine Corley, have petitioned to move the case from Marshall Circuit Court to federal court.
CLARKSBURG – Nobel Energy, a defendant in a civil suit filed by Richard and Karen Good, is petitioning to move the case from Ritchie County Court to federal court.
CHARLESTON – A man is suing the Offices of Rockwell Copeland Roth LLC after he claims it violated the Fair Debt Collection Practices Act. On Dec. 15, Mark Tscherne received a phone call from John Belfort, a duly authorized representative of the defendant, who stated that the defendant was a legal processing firm and calling in reference to a civil lawsuit that was filed against him in an attempt to collect debt, according to a complaint filed Feb. 11 in the U.S.
