News from December 2015
Pocahontas Co. lawyer has license annulled amid sex claims
CHARLESTON – A Pocahontas County attorney’s law license has been annulled in relation to two counts of sexual assault and two counts of forcing sexual intercourse on a prisoner. Jarrell L.Clifton II of Marlinton had his license annulled last month by the state Supreme Court of Appeals.
Class action says Outback isn't paying minimum wage
PRINCETON – An employee is suing Outback Steakhouse in a class action lawsuit after he claims it has failed to pay the legal minimum wage to numerous employees, including himself. As of Jan. 1, the minimum wage in West Virginia was raised to $8 per hour and employees who received tips may be paid as low as $2.40 per hour, according to a complaint filed in Mercer Circuit Court. Stephen Sheets claims Outback did not adhere to West Virginia law and has been paying its employees less than the lega
Two suits accuse Taylor Rose Energy of wage violations
CLAY – Two lawsuits have been filed against Taylor Rose Energy after former employees claim it failed to timely pay their final wages. Joseph B.
Class action filed against CNX Gas for unjust enrichment
MOUNDSVILLE – A class action lawsuit has been filed against CNX Gas Company LLC and Noble Energy Inc. after the plaintiffs claim the companies were unjustly enriched at their expense. On Sept. 9, 2009, David L.
Father sues four who supplying alcohol to minor
RIPLEY – A father is suing four individuals he claims gave his minor child alcohol and she was sexually assaulted afterward. Kyle Dean Cooper, Karry Hoschar, Angela DePasquale and Thomas DePasquale were all named as defendants in the suit. D.D., father and guardian of W.D.
Schultz given inaugural national DRI executive director award
WASHINGTON – Peggy L. Schultz, executive director of the Defense Trial Counsel of WV (DTCWV) has received the 2015 Inaugural Executive Director's Award for a State & Local Defense Organization Award from DRI - The Voice of Defense Bar. Schultz was honored during their recent Washington, D.C., annual meeting. The award recognizes the executive director who best fosters a relationship between a state defense organization and DRI and who has otherwise demonstrated exceptional service to the cause o
Workman announces changes to Juvenile Justice Commission membership
JULIAN – Supreme Court Chief Justice Margaret Workman recently announced the appointment of Twenty-Ninth Judicial Circuit (Putnam County) Judge Phillip M.
Customers seek truck refund from Chrysler Group
WHEELING – Two Ohio County men are suing the Chrysler Group alleging that the company failed to uphold their warranties.
Plaintiff believes Wells Fargo wrongfully placed her house into foreclosure
POINT PLEASANT – A Point Pleasant woman is suing her mortgage company over an allegedly botched loan modification application that has put her property into serious arrears.
Chapmanville man claims disability discrimination following termination from market
LOGAN – A Logan County man is suing his former employer, a grocery store in Logan, over claims of disability discrimination that resulted in his being wrongfully terminated.
Chafin Clear Cutting sues Stollings Trucking for hundreds of thousands in back pay allegedly owed
LOGAN – A trucking company being sued over its alleged failure to pay more than $100,000 for work completed.
Progressive Insurance seeks judgment relieving it of responsibility in local accident
BECKLEY – Progressive Classic Insurance Co. is asking Raleigh Circuit Court to resolve that it is not responsible in a claim involving a Beckley driver and a local auto dealership.
West Virginia no longer listed as a Judicial Hellhole
WASHINGTON – West Virginia no longer is a Judicial Hellhole. The Mountain State, which perennially has been at or near the top of the American Tort Reform Association's annual list, has been moved to the "Watch List," according to the report released Thursday. In discussing West Virginia, the ATRA report commends state lawmakers for enacting reforms that it says has helped the state. "In an encouraging move that may yet stall, perennial Judicial Hellhole West Virginia has dramatically managed
Clay Co. High students win 'We The People' competition
CHARLESTON – Clay County High School students won first place honors at the “We The People” state competition Dec. 15 at the Robert C. Byrd Federal Courthouse in Charleston. The 12 students in the AP Government and Politics class, taught by Philip Dobbins, will represent West Virginia in the national competition in Washington, D.C., in April 2016.
Former investigator sues DHHR for retaliation
CHARLESTON – A former investigator for the state Medical Examiner’s Office is suing the West Virginia Department of Health and Human Resources after she claims she was retaliated against. Regina D. Reynolds was employed as an investigator with the Office of the Chief Medical Examiner for 15 years until that employment was abruptly and unlawfully terminated, according to the complaint filed Dec. 10 in Kanawha Circuit Court.
Charleston attorney recounts robbery outside his office
CHARLESTON – A man has been sentenced to 12 years for the violent robbery of Charleston doctor and attorney Richard Lindsay. The incident occurred on Oct. 13, 2014, at Lindsay’s office on Virginia Street. “This man was out back of the office when I arrived, and I had never seen him before,” Lindsay said.
Man sues Jefferson Capital Systems over invasion of privacy claims
BECKLEY – A man claims that a collection agency has invaded his privacy by allegedly calling him asking for more money, even after their delinquency dispute had already been resolved.
Ex-employee sues Star Mine Services alleging failure to pay wages in a timely fashion
WHEELING – A former employee is suing his employer after he was terminated over allegations he did not receive his wages in an applicable amount of time.
Putnam County women claim truck driven by APC employees destroyed home’s driveway
WINFIELD – Two Putnam County women claim a 40,000-pound utility truck driven by an Appalachian Power Co. employee willfully and intentionally destroyed their concrete driveway.
Core States Construction seeks to declare lien invalid for Ripley Walmart project
RIPLEY – A Georgia corporation is suing an installation company, seeking declaration that a mechanics lien is invalid and should be stricken from Jackson County records.