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West Virginia News

WEST VIRGINIA RECORD

Monday, April 21, 2025

U.S. Federal Court

Recent News About U.S. Federal Court

  • Dollar General removes Putnam injury case to federal court

    By Kyla Asbury |
    HUNTINGTON – A woman is suing Dollar General after she claims she was injured when she fell in its Buffalo location. On Aug. 8, 2014, Diane Ruby Dotson walked through an aisle that had boxes scattered on the floor that contained merchandise that was presumably waiting to be stocked, according to a complaint filed Sept. 15 in Putnam Circuit Court and removed to federal court on Oct. 7. Dotson claims as she walked down the aisle, she tripped on one of the boxes and fell on her hands to catch her

  • HR company says Greenbrier owes more than $420K

    By Chris Dickerson |
    RICHMOND, Va. – A Virginia-based company says The Greenbrier owes it more than $420,000 for human resources staffing services. Cornerstone RPO LLC filed its lawsuit Oct. 14 against Greenbrier Hotel Corporation in U.S. District Court in Richmond. The Greenbrier is owned by West Virginia Democratic candidate Jim Justice.

  • 30-year employee accuses LabCorp of discrimination, wrongful firing

    By Kyla Asbury |
    CHARLESTON – A man is suing Laboratory Corporation of America after he claims he was discriminated against and wrongfully terminated. Jeffrey T. Lindenmuth was employed by the defendant from 1983 until Aug. 22, 2013, according to a complaint filed in Kanawha Circuit Court and removed to federal court.

  • Six former employees sue Blackhawk Mining for wrongful termination

    By Kyla Asbury |
    CHARLESTON – Six former employees are suing Blackhawk Mining LLC after they claim they were wrongfully terminated from their employment. Hampden Coal LLC and Tony Osborne were also named as defendants in the suit. Dallas Mounts, Dennis Roberts, Kenneth Mills, Scott Mills, John Evans and John Kosher were employed by the defendants until March 13, March 23, May 14, when they were discharged from their employments, according to six complaints filed in Logan Circuit Court and removed to federal cou

  • CSX removes derailment case to federal court, seeks dismissal

    By Chris Dickerson |
    HUNTINGTON – CSX has asked to remove a lawsuit filed by nearly 100 Fayette County residents over a February trail derailment that resulted in spilled oil and evacuations to federal court. The 96 people originally filed the lawsuit Sept. 1 in Wayne Circuit Court against CSX Corporation and CSX Transportation Inc. CSX filed motions to remove it to federal court and to dismiss the case. In the original complaint, the plaintiffs sought compensatory and punitive damages from the Feb. 16 accident at

  • Former Taco Bell employee's racial discrimination suit dismissed

    By Kyla Asbury |
    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

    By Kyla Asbury |
    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

    By Kyla Asbury |
    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

    By Kyla Asbury |
    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

    By Kyla Asbury |
    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

    By Kyla Asbury |
    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

    By Kyla Asbury |
    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

    By Chris Dickerson |
    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

  • WVU wrongful termination suit goes to federal court

    By Kyla Asbury |
    CLARKSBURG – A woman is suing the West Virginia University Board of Governors after she claims her employment was wrongfully terminated. Robin Jones was employed by WVU for approximately 40 years as an assistant professor, according to a complaint initially filed in Monongalia Circuit Court and removed to federal court. Jones claims she was a resident faculty leader and on Dec. 2, she was notified that her secondary appointment as a RFL would not be renewed for the 2015-2016 fiscal year. On D

  • Ohio couple says Cook's Heating & Cooling breached contract

    By Kyla Asbury |
    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.

  • Woman accuses welfare group, Goodwill of race discrimination

    By Kyla Asbury |
    WHEELING – A woman is suing Zanesville Welfare Organization and Goodwill Industries after she claims she was discriminated against based on her race. Tishawna Terry was employed by the defendant beginning in July 2011 and in September 2011, she was promoted to store manager, according to a complaint filed in U.S.

  • Baby monitor house fire case removed to federal court

    By Kyla Asbury |
    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.

  • Federal jury awards $1.6M to Ohio woman in DuPont C8 lawsuit

    By Kyla Asbury |
    COLUMBUS, Ohio – A seven-member federal jury awarded $1.6 million to an Ohio woman who developed kidney cancer and claimed it was after drinking water contaminated with C8. The jury found Oct. 7 that Carla Marie Bartlett's kidney cancer was contracted after being exposed to C8 discharged by DuPont's Washington Works facility in Parkersburg into the Ohio River and her drinking water. The jury awarded Bartlett $1.1 million in damages due to DuPont's negligence, and $500,000 for emotional distres

  • Charleston man sues debt-collecting law firm for its practices

    By Kyla Asbury |
    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.

  • Clarksburg woman says city wrongfully listed home to be demolished

    By Kyla Asbury |
    CLARKSBURG – A woman is suing the City of Clarksburg after she claims it wrongfully listed her house as one to be demolished. On July 18, 2013, the City of Clarksburg adopted a resolution declaring certain areas of the city to be slum or blighted areas, according to a complaint initially filed in Harrison Circuit Court and removed to federal court. Carol J.