News from December 2005
Cohen named new executive director of WV CALA
Steve Cohen CHARLESTON -- Steve Cohen has been named the new executive director of West Virginia Citizens Against Lawsuit Abuse.
Coal severance tax upheld by state Supreme Court
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.
Wayne magistrate suspended for four years
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.
Supreme Court rules statute ran on Calwell case
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.
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Lawyers, police thyself. Or else.
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.
West Virginia on the Road to Being �Open for Business�
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.
City doesn't have to refund 20 years of liquor license fees, court rules
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.
Supreme Court backs insurance agency on umbrella policy claim
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.
Supreme Court upholds Charleston user fee, but orders vote on matter
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 seeks public comment on proposed rule change
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.
This just in
THIS JUST IN
Daewoo class action suit goes to trial Jan. 23 with 91 plaintiffs
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.
Charleston attorney awarded 20 times more than client
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.
Zakaib's order spells out class action
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.
Craigsville woman sues State Farm, agent for $250,000
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.