News from July 2015
AGs reach settlement in Dollar Tree, Family Dollar acquisition
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
Woman files medical malpractice suit against plastic surgeon
HUNTINGTON - A woman is suing a plastic surgeon she claims she was injured during surgery. On May 30, 2013, Dr. Michael R.
Man names Marshall BOG, others in medical malpractice suit
HUNTINGTON - A man is suing Marshall University Board of Governors for medical malpractice. On March 27, 2013, Danny Beckett was admitted to Pleasant Valley Hospital with complaints of perirectal pain and a physical examination revealed a likely abscess, according to a complaint filed in Cabell Circuit Court. Beckett claims he underwent surgery consisting of incision, drainage and debridement of a complex ischial, rectal and perineal abscess with removal of necrotic tissue. On March 29, 2013,
Man accuses General Building Supply of wrongful termination
HUNTINGTON - A man is suing General Building Supply Inc. after he claims his employment was wrongfully terminated. Ernest B.
“Navigable waters” means something
Question the precise meaning of a word or complain that a particular phrase is vague or ambiguous and someone – perhaps a politician – is likely to respond patronizingly, dismissing your concerns as quibbling, nitpicking, or paranoia.
Three women name company in sexual harassment lawsuits
WHEELING - Three lawsuits have been filed against EAN Holdings after former employees claim they were sexually harassed by a supervisor Brandon Michaels was also named as a defendant in the suits. Crystal Tysinger, Olivia Bowen and Sahkita Galloway were all employed by EAN and were supervised by Michaels, according to three complaints filed in Ohio Circuit Court. The plaintiffs claim during their employments, they were sexually harassed and subjected to a hostile work environment by Michaels
AG's office reaches $5.75M settlement with Nationwide
WELCH - A $5.75 million settlement has been issued in a lawsuit against Nationwide Insurance that was filed by the attorney general in 2013. By paying the $5.75 million settlement, Nationwide is released from any and all liability in West Virginia arising out of or related to the Farm Bureau discount and/or any and all claims asserted in the lawsuit, according to the settlement agreement. The 2013 lawsuit was originally filed by former Attorney General Darrell McGraw and was taken over by Patr
It's time for an energy revolution
By CAPT. JAMES MCCORMICK NEW HAVEN – This July Fourth we'll celebrate the 239th anniversary of the publication of the Declaration of Independence, the founding of our nation in 1776, and the beginning of the American Revolution.
Father sues Raleigh Co. school board for son's injuries
BECKLEY - A father is suing the Raleigh County Board of Education after he claims his special needs son was injured by a teacher's aide. Cathy Lewis and Kristen McBride were also named as defendants in the suit. J.K.
Man sues mine repair firm for wage payment violations
WHEELING - A man is suing GMS Mine Repair and Maintenance in a class action lawsuit alleging wage payment violations. Jeffery S.
Man files class action against Johnson & Johnson for wage payment violations
WHEELING - A man filed a class action lawsuit against Johnson & Johnson after he claims it violated the West Virginia Wage Payment and Collection Act. Janssen Pharmaceuticals Inc. was also named as a defendant in the suit. Stephen A.
National group praises W.Va. tort reforms
WASHINGTON – A national tort reform group has praised West Virginia for leading the way in civil justice reforms this year. The American Tort Reform Association this week issued its annual State Tort Reform Enactments brief.
Justices side with Rich Rod in home purchase case
CHARLESTON – The West Virginia Supreme Court of Appeals ruled in favor of former West Virginia University football coach Rich Rodriguez in a lawsuit filed by a couple who purchased their home. The Supreme Court considered the parties' briefs and the record on appeal and stated that the facts and legal arguments are adequately presented, and the decisional process would not be significantly aided by oral argument, according to the June 12 memorandum decision. "Upon consideration of the standard
Putnam couple says home wasn't built to code
WINFIELD – A Fraziers Bottom couple is suing Love-Lee Construction after they claim it violated West Virginia code. JPMorgan Chase Bank, Stave Branch Land Development and Poca Valley Bank were also named as defendants in the suit. On June 13, 2013, Jason Drake and Stefanie Drake purchased real property together with a house in Fraziers Bottom to live and raise their family in a secure and safe environment, according to a complaint filed in Putnam Circuit Court. The Drakes claim the property w
Man says company didn't properly install security system
WINFIELD – A Charleston man is suing Eloop Security LLC after he claims it was negligent in installing and maintaining a security system. George Shawkey owns real property in Putnam County in which he operates a video lottery operation, according to a complaint filed in Putnam Circuit Court. Shawkey claims he entered into a contract with Eloop to provide security for the premises and on Nov. 9, the security system installed by the defendant failed to alert authorities to a breaking and enterin
Woman blames W.Va. Vascular Institute for surgery injuries
BECKLEY - A McDowell County woman is suing the West Virginia Vascular Institute after she claims she was injured during surgery. Dr. Livio Romani and Appalachian Regional Healthcare were also named as defendants in the suit. On April 25, 2013, Romani performed an exploratory laparotomy and cecotomy on Nancy Shirley at Beckley ARH Hospital, according to a complaint filed in Raleigh Circuit Court. Shirley claims after the surgery, she developed tachycardia, fever, had difficulty urinating, chill
Woman files another lawsuit against Mon General
MORGANTOWN – Another lawsuit has been filed against Monongalia County General Hospital for discrimination. Mary Alkire was employed by the hospital for 35 years as a dietary aid in the Nutritional Service Department, according to a complaint filed June 23 in Monongalia Circuit Court. Alkire claims in December 2013, following the retirement of Delores Shaffer, she began to experience harassment from her supervisors, mainly Megan and Leah, including overloading her by giving her Shaffer's work a
Two lawsuits filed against Alpha for wage violations
BECKLEY – Two lawsuits have been filed against Alpha Natural Resources Inc. after the plaintiffs claim Alpha failed to pay their final wages in a timely manner. Independence Coal Company Inc. was also named as a defendant in the suits. David Blankenship and Patrick Williams were employed by Alpha and Independence until Sept. 26, according to two complaints filed in Raleigh Circuit Court. The plaintiffs claim the defendants were obligated to pay them wages in full, including fringe benefits, n