News from September 2015
Kanawha judge sides with Morrisey in Gazette FOIA dispute
CHARLESTON – A Kanawha County judge has ruled in favor of West Virginia Attorney General Patrick Morrisey in a newspaper’s request for summary judgment in a FOIA case. In his final order dated Sept. 14, Kanawha Circuit Judge Charles King granted Morrisey’s office’s Motion for Summary Judgment and denied one by The Daily Gazette Company and The Charleston Gazette. The Gazette, which recently merged with The Charleston Daily Mail had sought the release of some documents from Morrisey and his off
Hurricane right of way dispute ends up in Putnam Co. court
WINFIELD – A Putnam County couple who operate an assisted living home and another man say a neighboring garage continually blocks the right of way to adjacent property. Pamela and Tim Dolan with James Qualls filed their complaint against John Gill and Gills Garage in Putnam Circuit Court.
Mercer Co. circuit judge appointed as new U.S. magistrate
HUNTINGTON – A current Mercer County judge has been appointed as a new United States Magistrate. Omar J.
Ohio woman blames Mountaineer Casino for injuries
NEW CUMBERLAND – An Ohio woman blames her injuries on a Northern Panhandle casino. Vivian Roman filed her complaint in Hancock Circuit Court against Mountaineer Park Inc. doing business as Mountaineer Casino Racetrack and Resort. Roman, who lives in Cleveland, say she was visiting the casino on Nov. 26, 2013, when she lost her balance and fell because of an uneven and unsafe area of floor between The Gatsby and the Pavillion stairs “where loose metal plates are … present below the carpeting, a
Mingo Co. coal hauler says he was fired after filing workers' comp claim
WILLIAMSON – A Mingo County man says he was wrongfully terminated from his coal hauling job after he sustained a work injury, and he says he wasn’t paid his final wages. Dan Kinder filed his complaint against KC Transport Inc. dba as KC Transport of West Virginia Inc. in Mingo Circuit Court.
AG's office secures another $56K for Dirty Girl Mud Run refunds
CHARLESTON — West Virginia Attorney General Patrick Morrisey's office has secured more than $56,000 from 100 LLC to repay registrants who have not yet received a refund for registration fees associated with the cancelled 2014 Charleston Dirty Girl Mud Run. “We are aware that there are still some people who signed up for the race that are awaiting their refund.
State school officials call delegate's Common Core suit 'purely political'
CHARLESTON – Attorneys for West Virginia’s top school officials, in a motion filed with the state Supreme Court of Appeals, argue that Delegate Michael Folk’s continued fight over the state’s Common Core educational standards is “purely political” and should be dismissed. Charleston law firm Bailey & Glasser LLP, which is representing the West Virginia Board of Education and Michael Martirano, the state’s schools superintendent, described Folk’s petition for a writ of mandamus, filed with the s
Logan Co. woman says Thornhill supervisor sexually harassed her
LOGAN – A Logan County woman says she was a victim of sexual harassment by her supervisor at a well-known automobile dealership. Brandi Creakman filed her complaint Sept. 3 in Logan Circuit Court against Thornhill Superstore Inc. and Lee Neal. In her complaint, Creakman says she began working at Thornhill, located on Corridor G in Chapmanville, on Jan. 1, 2014, as an internet specialist. Neal was the company’s general manager and Creakman’s supervisor. Soon after she was hired, Creakman says
Country club seeks to have racial discrimination suit dismissed
CLARKSBURG – A Preston County country club says a racial harassment and discrimination lawsuit against it should be dismissed. Preston County Country Club filed a motion last week to have a civil lawsuit filed against it by Jason Goines removed to federal court.
Connecticut business says Glenville pipe company owes more than $140K
GLENVILLE--A Connecticut company is suing a piping company, seeking payment for goods rendered plus interest.
Kanawha County widow blames CAMC for her husband's death
CHARLESTON--A Kanawha County widow is suing a Charleston medical facility seeking punitive damages in the alleged wrongful death of her husband.
Ex-employee accuses Mercer nursing home of wrongful termination
PRINCETON - A Mercer County woman is suing a Charleston nursing care business claiming wrongful discharge following her hospitalization in 2014.Lillian Marline Milam filed a lawsuit against Mercer Nursing & Rehabilitation Center LLC in Mercer Circuit Court on Sept. 3, alleging breach of contract in December 2014.
Putnam County man alleges negligence in suit against doctor
CHARLESTON – A Putnam County man who went through multiple surgeries is seeking financial restitution for damages, citing alleged negligence on behalf of his doctor.
Bank of Romney says business, two people owe $1.2 million on loan
HAMPSHIRE--A Hampshire County bank is suing two indivdiuals and a small business, seeking reimbursement for money lent in a promissory note that has allegedly largely been unpaid.
Capito: U.S. Senate has a challenging fall ahead
WASHINGTON – The Senate is back in session after the August work period.
West Virginia's Lawsuit Climate: Bad news, but then some good news
La vie en rose. The world seen through rose-colored glasses, or glasses of rosé. It's a wonderful world, where everything turns out right (ultimately), the boy always gets the girl (eventually), and there's always a happy ending (if you last that long).
Walmart seeks to have Putnam woman's Achilles case dismissed
HUNTINGTON – Walmart seeks to dismiss a Putnam County woman’s complaint in which she blames the retailer for having her Achilles’ tendon sliced while shopping for back-to-school supplies. Jennifer Bradshaw originally filed her complaint in Putnam Circuit Court, but Walmart filed a motion to have it moved to federal court Sept. 2 in Huntington.
D.C. Circuit denies state AGs' petition to postpone Clean Power Plan deadlines
WASHINGTON – A federal appeals court has shot down a petition, filed by a coalition of 15 state attorneys general, asking it to issue an emergency stay to postpone deadlines imposed by the federal Environmental Protection Agency’s Clean Power Plan. The three-judge panel of the U.S.
Three plaintiffs settle with Cabell hearing aid chief who asked them to buy narcotics
HUNTINGTON – The cases of three women who claimed their former employer and its CEO fired them for refusing to purchase a weight loss drug that is a Schedule IV narcotic for the executive have been settled. Brandi Spurlock, Tobiya Bocook and Jennifer Cyrus had filed separate lawsuits last August in Cabell Circuit Court against Marsha Mattingly, individually and as managing agent for H.
Farm owner sues Citynet claiming unlawful trespassing, utility installation
MARLINTON—A Pocahontas County property owner is suing a West Virginia corporation on claims of encroaching on and altering her land without her consent for the purpose of installing underground fiber optic cable.