News from December 2005

Craigsville woman sues State Farm, agent for $250,000

By The West Virginia Record | Dec 1, 2005

CHARLESTON – A Craigsville woman has filed suit against State Farm and her local agent seeking up to $250,000 in payments after a 2003 automobile accident.

Zakaib's order spells out class action

By Steve Korris | Dec 1, 2005

Courts should resolve any doubts about certifying a class action lawsuit in favor of certification, Kanawha County Circuit Judge Paul Zakaib ruled in ordering a class action against C&O Motors of Saint Albans.

Charleston attorney awarded 20 times more than client

By Steve Korris | Dec 1, 2005

Attorneys generally collect about a third of what their clients win, but David Grubb of Charleston created new math when his firm made more than $20 for every dollar his clients won.

Daewoo class action suit goes to trial Jan. 23 with 91 plaintiffs

By Steve Korris | Dec 1, 2005

Mark Swartz Class action lawsuits typically pull in thousands of plaintiffs. But, a class action over Daewoo automobiles will go to trial in Kanawha County with no more than 91 plaintiffs.

Supreme Court seeks public comment on proposed rule change

By Chris Dickerson | Dec 1, 2005

The West Virginia Supreme Court is requesting public comment on a proposed amendment that would give the circuit court discretion to grant a motion to sever or order other relief in the instance of a joint indictment or consolidated trial.

Supreme Court upholds Charleston user fee, but orders vote on matter

By Chris Dickerson | Dec 1, 2005

Justice Spike Maynard The state Supreme Court has ordered the City of Charleston to have an election to allow residents to decide whether to keep the $1-a-week user fee.

Supreme Court backs insurance agency on umbrella policy claim

By Chris Dickerson | Dec 1, 2005

Justice Robin Davis The West Virginia Supreme Court has affirmed a Fayette County Circuit Court ruling that an insurance company didn’t have a duty to offer a client uninsured and underinsured motor vehicle coverage when he bought or renewed an umbrella insurance policy.

City doesn't have to refund 20 years of liquor license fees, court rules

By Chris Dickerson | Dec 1, 2005

The state Supreme Court of Appeals sided with the City of Charleston as a distributor of alcoholic beverages wanted to recover 20 years of liquor licensing fees.

West Virginia on the Road to Being �Open for Business�

By The West Virginia Record | Dec 1, 2005

For years, the people of West Virginia have been bombarded with bad news and troubling statistics about their state’s economy, its legal climate and its jobs crisis. So it’s understandable that some cheerful news this holiday season would be a welcome change of pace.

Lawyers, police thyself. Or else.

By The West Virginia Record | Dec 1, 2005

Color us encouraged that some of West Virginia’s most prominent plaintiff’s attorneys have suddenly become image-conscious. And we don’t mean more mindful of how smooth they look in those late-night television commercials.

Contact The Record

By Adam Brown | Dec 2, 2005

We're located in downtown Charleston. But the best way to send news releases or other editorial information is via e-mail to

Supreme Court rules statute ran on Calwell case

By Steve Korris | Dec 5, 2005

Stuart Calwell Attorney Stuart Calwell of Charleston advertised that his firm would represent painters with breathing problems. Retired automobile painter John Edward Goodwin responded to the pitch, but got nothing because the Calwell firm waited too long to sue.

Wayne magistrate suspended for four years

By Chris Dickerson | Dec 6, 2005

Tommy Toler CHARLESTON -- In a unanimous decision, the state Supreme Court has suspended a Wayne County magistrate for violating judicial ethics. Tommy Toler was suspended, retroactive to July, for four years. That means he won't return to serve the rest of his term to which he was re-elected last fall.

Coal severance tax upheld by state Supreme Court

By Chris Dickerson | Dec 7, 2005

CHARLESTON – The state Supreme Court has upheld the state's right to tax coal exports after coal companies argued that the severance tax actually is a sales tax and a violation of federal protections for interstate commerce.

Cohen named new executive director of WV CALA

By Chris Dickerson | Dec 7, 2005

Steve Cohen CHARLESTON -- Steve Cohen has been named the new executive director of West Virginia Citizens Against Lawsuit Abuse.

Is your business prepared for the 2006 changes in Workers' Comp payment plan?

By The West Virginia Record | Dec 7, 2005

In the coming weeks, West Virginia employers will be notified regarding new premium rates for 2006 Worker's Compensation payments.

Charleston woman among plaintiffs in suit against AOL in Illinois

By Ann Knef | Dec 7, 2005

BELLEVILLE, IL--Ten plaintiffs from across the country, including one from West Virginia, filed a class action lawsuit against America Online (AOL) in the 20th Circuit Court of Illinois.

Charleston still weighing options on user fee opinion

By Chris Dickerson | Dec 7, 2005

Justice Larry Starcher CHARLESTON -- The city of Charleston is weighing its options a week after the state Supreme Court said it must put its user fee up for vote. Meanwhile, one Supreme Court justice said the $1 weekly fee is a burden on low-income workers in the city. While another justice said the city shouldn't be forced to have an election on the issue.

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