News from November 2015
Man accuses Putnam Co. construction company of discrimination
HUNTINGTON – A man is suing Davis H. Elliot Construction Company Inc. after he claims it discriminated against him and wrongfully terminated his employment. Shannon L. Meade was employed by the defendant at its Scott Depot location from Feb. 2 until June, according to a complaint filed in Putnam Circuit Court and removed to federal court.
AG's office reaches settlement in Springleaf-OneMain merger
CHARLESTON — West Virginia Attorney General Patrick Morrisey's office, in cooperation with the U.S. Justice Department and other state attorneys general, has reached an agreement that allows Springleaf Holdings to proceed with its acquisition of OneMain Financial Holdings from CitiFinancial Credit Company. The settlement, announced Nov. 13, requires Springleaf to divest 127 branches from the merged company, including six in West Virginia where Springleaf and OneMain operate within the same are
Man blames VA for wife's injuries, death
HUNTINGTON – A man is suing the U.S. Department of Veterans Affairs after he claims his wife was injured and later died as a result of those injuries she sustained. On Aug. 5, 2014, Dixie Workman was at the Huntington VA Medical Center for the purpose of her employment when she suffered a knee injury after opening a door outward and tripping on or over a defective step and/or landing, according to a complaint filed in the U.S. District Court for the Southern District of West Virginia.
Woman says TTA bus driver stopped short, caused injuries
HUNTINGTON – A woman is suing Tri-State Transit Authority after she claims she was injured when a TTA bus came to an abrupt stop. On Oct. 24, 2013, Tonetta Scott was a passenger on a TTA bus in Huntington when the bus came to an abrupt sand unnecessary stop, causing her to strike her head up against the interior of the bus, according to a complaint filed in Cabell Circuit Court. Scott claims the defendant was negligent and careless in the operation of the bus by operating the bus without due c
Man blames Valiant Products for injuries from falling hotel bed headboards
CLARKSBURG – A man is suing Valiant Products Corporation after he claims he was injured during the course of his employment. Valiant Manufacturing Company; Direct Transport Services Inc., which is doing business as D.T.S.
Woman sues Huntington Railroad Historical Society for injuries
HUNTINGTON – A woman is suing the Collis P. Huntington Railroad Historical Society after she claims it negligently connected an engine to a passenger car. National Railroad Passenger Corporation, which is doing business as Amtrak; CSX Corporation; CSX Transportation Inc.; and John Doe Entity or Entities were also named as defendants in the suit.
Wyoming Co. couple sues insurer for failing to pay in timely manner
BECKLEY – A Wyoming County couple is suing Lexington Insurance Company after they claim it failed to timely pay their contract claim. On July 31, 2014, the home of Rodney Cline and Belinda Cline was involved in a fire and Lexington was the company the couple had their home insured with, according to a complaint filed in the U.S.
Justices: State Bar clerical work didn't cause carpal tunnel
CHARLESTON – The West Virginia Supreme Court of Appeals has affirmed an order that clerical work does not cause carpal tunnel syndrome. This appeal arises from the Board of Review’s Final Order dated Oct. 1, 2014, in which the Board reversed an April 1, 2014, order of the Workers' Compensation Office of Judges, the memorandum decision states.
Retired judge to hear Morgantown chicken coop case
MORGANTOWN – Retired Ohio Circuit Judge Arthur Recht will preside over a lawsuit involving a woman being sued by 30 of her neighbors for housing chickens on her property. An administrative order by the West Virginia Supreme Court of Appeals was filed Nov. 10 in Monongalia Circuit Court, recalling Recht to hear the case. Monongalia Circuit Judges Phillip D.
Judge denies bid to block deposition of EPA chief in coal case
WHEELING – A federal judge has ruled that U.S. EPA Administrator Gina McCarthy will be deposed in a lawsuit about coal mining regulations despite a bid by the agency to block it. On Nov. 12, Judge John Preston Bailey ruled that McCarthy’s involvement with Clean Air Act regulations means she is relevant enough to be deposed.
AG's office warns caregivers of nanny scams
CHARLESTON — West Virginia Attorney General Patrick Morrisey has issed a warning to nannies and caregivers who list their services on websites to proceed with caution. The Attorney General’s Office recently learned of a scam in which someone uses email or text message to initiate the hiring of a nanny or caregiver who have listed services on sites such as Care.com, Sittercity.com or craiglist.com.
Attorney files lawsuit against AG's office for EPA documents
CHARLESTON – A Charleston attorney has filed a lawsuit on behalf an environmental group for documents related to litigation against the EPA. William DePaulo, on behalf of Keeper of the Mountains, sent the Freedom of Information Act request on Oct. 7 with Attorney General Patrick Morrisey, according to a complaint filed Oct. 22 in Kanawha Circuit Court. Keeper of the Mountains claims the request was received on Oct. 13 and Morrisey had until Oct. 20 to respond to the request. After not hearing
AG won't consider suing McKesson during investigation
CHARLESTON – West Virginia Attorney General Patrick Morrisey's office says it will not consider suing the nation's largest prescription drug distributor until it finishes its investigation into the company. In a letter written Oct. 2, Del.
Attorney files motion to dismiss Parkersburg city council member from complaint
PARKERSBURG – An attorney for City Councilman Roger Brown has filed a motion to dismiss him from a lawsuit filed by another city council member. The motion to dismiss was filed Nov. 2 in Wood Circuit Court by Brown's attorneys, Roger Hanshaw and J.
Man sues Wal-Mart after fall allegedly caused by fabric softener
HUNTINGTON – A man is suing Wal-Mart over injuries due to a fall allegedly caused by fabric softener left on an aisle floor.
Couple sues to enforce coal companies' previous relocation promises of no future industrial operations
LOGAN – A West Virginia couple has filed suit to enforce coal company promises to refrain from future industrial operations when the couple agreed to relocate in 2006.
Cintas alleges Becker's Services owes balance for goods and services
KEYSER – A Maryland company is suing a Keyser construction company over claims it has failed to pay for goods and services.
Princeton man claims T & N Electric Motor Exchange has not paid for goods
PRINCETON – A Princeton man is suing an electric motor services company over an alleged unpaid balance.
W.Va. Supreme Court says lawsuit against police can go forward
CHARLESTON - The West Virginia Supreme Court of Appeals has ruled that a lawsuit against a state trooper and deputy sheriff can continue.
Benjamin Campaign releases study of court decisions
CHARLESTON - The Committee to Re-elect Justice Brent Benjamin released a summary of the votes by the current justices of the West Virginia Supreme Court of Appeals in the 3,223 cases decided since January 2013.