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.
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.
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.
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.
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.
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.
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.
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.
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.