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WEST VIRGINIA RECORD

Monday, April 21, 2025

U.S. Federal Court

Recent News About U.S. Federal Court

  • Verizon moves FMLA violations case to federal court

    By Kyla Asbury |
    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

    By Kyla Asbury |
    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

    By Kyla Asbury |
    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.

  • Man accuses Resolute FP US of disability discrimination

    By Kyla Asbury |
    CLARKSBURG – A man is suing Resolute FP US Inc. for discriminating against him based on his disability. On March 2, Travis J.

  • Shareholders disagree with Mylan's use of Dutch foundation

    By Kyla Asbury |
    CHARLESTON – A group of shareholders of Mylan NV have filed a class action lawsuit against the company, alleging that it misused a Dutch foundation to fend off a takeover by Teva. Heather Bresch and Robert J.

  • Federal judge denies two motions filed in DuPont MDL

    By Kyla Asbury |
    CHARLESTON – An Ohio federal judge has filed two orders denying DuPont's motion for summary judgment and its proposed causation experts. District Judge Edmund A.

  • Woman claims NGK violated FMLA, wrongfully fired her

    By Kyla Asbury |
    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

  • Trash truck driver says he wasn't paid overtime

    By Kyla Asbury |
    MARTINSBURG – An employee is suing AVW of West Virginia Inc. after he claims it violated the Fair Labor Standards Act. Dale E.

  • Woman sues debt collector for consumer protection violations

    By Kyla Asbury |
    CHARLESTON - A Jackson County woman is suing CACH LLC after she claims it violated the West Virginia Consumer Credit Protection Act. SquareTwo Financial Corporation is doing business as CACH LLC. Brenda G.

  • Indiana, N.C. agency join coalition fighting EPA water rule

    By Jessica Karmasek |
    CHARLESTON – A bipartisan coalition of states fighting the U.S.

  • Ky. woman sues for injuries at Huntington Mall

    By Kyla Asbury |
    HUNTINGTON – A Kentucky woman is suing the Cafero Company and Warner Management Co. Ltd. for injuries she sustained while she was walking through the Huntington Mall. On Sept. 9, 2013, Debbie J.

  • Williamson couple blames Appalachian Power for house fire

    By Kyla Asbury |
    CHARLESTON – A Williamson couple is suing Appalachian Power Company for a house fire that destroyed their home. On June 6, 2013, the defendant caused a power surge to the home of Goldie Stevens and Darrell Stevens, according to a complaint initially filed June 5 in Mingo Circuit Court and removed to federal court on July 9. The Stevenses claim the power surge caused a short circuit arc in the meter box and, due to the mechanical failure, it caused their home to catch fire and be destroyed. Th

  • Upshur Co. man accuses Allstate of contract breach

    By Kyla Asbury |
    CLARKSBURG – A Buckhannon man is suing Allstate after he claims it breached its contract with him. On July 8, 2014, a thunderstorm producing high winds, heavy rain and hail moved through the area where Clarence R.

  • Couple blames CONSOL for property damage

    By Kyla Asbury |
    WHEELING – A couple is suing CONSOL Pennsylvania Coal Company LLC after they claim their home was damaged by the defendant. Between April 24, 2013, and June 9, 2013, longwall mining was conducted in the Baily Mine and it caused subsidence damage to the residence of Mark R.

  • DuPont partially granted summary judgment in C-8 contamination lawsuit

    By Kyla Asbury |
    PARKERSBURG - DuPont was granted partial summary judgment in a 2013 lawsuit against it involving C-8 contamination. While it was granted partial summary judgment, DuPont still was denied summary judgment as it related to the conscious pain and suffering claims by two individuals; as it related to the battery claims of eight individuals; and as it related to conspiracy claims by three individuals. "Our main takeaway here is that, once again, DuPont has attempted to escape its obligations to mid

  • Woman blames W.Va. State Police for father's death

    By Kyla Asbury |
    CHARLESTON - A Clay County woman is suing the West Virginia State Police after she claims it is responsible for her father's death. First Sgt. M.L.

  • Woman accuses mortgage company of abusive practices

    By Kyla Asbury |
    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

  • Deputies sue Cabell Co. Commission for overtime pay

    By Kyla Asbury |
    HUNTINGTON – Three deputy sheriffs are suing the Cabell County Commission after they claim it violated the Fair Labor Standards Act by failing to pay overtime wages. Cabell County Sheriff's Department and Sheriff Thomas McComas were also named as defendants in the suit. Douglas W.

  • AGs reach settlement in Dollar Tree, Family Dollar acquisition

    By Kyla Asbury |
    CHARLESTON - Attorney General Patrick Morrisey has announced that a settlement in its investigation of the acquisition of Family Dollar stores by Dollar Tree has been reached. Dollar Tree entered into a consent order with West Virginia and 16 other states following their review of the proposed acquisition. Morrisey's office announced the settlement on July 6. Working with the Federal Trade Commission, Morrisey and the other state Attorneys General are requiring Dollar Tree to sell 330 Family

  • W.Va., 8 other states sue over EPA water ‘lunacy’

    By Jessica Karmasek |
    CHARLESTON – West Virginia Attorney General Patrick Morrisey is leading the charge in a lawsuit, filed in a Georgia federal court Tuesday, that challenges a proposed Environmental Protection Agency rule that would extend its authority to all bodies of water. West Virginia is among the bipartisan, nine-state coalition that argues the “Waters of the United States” rule would unlawfully expand the federal agency’s regulatory reach over small streams, land and farms. Morrisey, a Republican, feels