News from February 2016
Motorist sues for alleged negligence in collision
GRAFTON — A Taylor County woman is suing Ervins Auto Repair and several other individuals, claiming liability for nearly $18,000 in medical costs for an accident involving an tow truck.
Suit against Hampton Inn alleges bug infestation
MORGANTOWN — A suit filed by a Pennsylvania couple seeks damages from the Hampton Inn in Morgantown and its owners over a dispute involving an alleged infestation of insects and mites.
Auto wholesaler seeks to move sexual harassment claim to federal court
MARTINSBURG — Cascade Auto Wholesalers and three other defendants in a sexual harassment lawsuit filed a petition Feb. 3 to move the case from Berkeley Circuit Court to U.S. District Court for the Northern District of West Virginia Martinsburg Division.
State Farm asks to move liability case from state to federal court
CHARLESTON — State Farm Insurance and two other defendants in a lawsuit have petitioned to move their case from Kanawha Circuit Court to U.S. District Court for the Southern District of West Virginia at Charleston.
Former SC candidate Rowe retiring as circuit judge
LEWISBURG – Circuit Judge Jim Rowe is retiring, effective at the end of February. Rowe is chief judge of the 11th Judicial Circuit that includes Greenbrier and Pocahontas counties. He also has ran for the state Supreme Court twice.
Which way, West Virginia?
WHEELING – The world and our country are changing. Some of those changes may be welcome, and some of them not so much, but many of them are beyond our power, here in West Virginia, to control. The choices we face are not about whether change is coming, but whether we will capitalize on new circumstances, or simply sit still.
W.Va, other states file reply in Clean Power Plan stay request
The states contend that if left unstayed, the EPA’s new rule will force “massive and irreversible changes” in terms of state policies and resources, power plant shutdowns, and investments in wind and solar power.
Fighting disability fraud to protect Social Security
CHARLESTON – A far greater percentage of West Virginians collect Social Security disability benefits than the rest of the nation. For instance, a 2011 review found 9 percent of the state’s working-age population received benefits as compared to 4.6 percent nationally. There’s no doubt many have legitimate disabilities, but such a high percentage also suggests some people may be gaming the system. Such a significant problem demands action.
Disabled woman accuses federal prison where she worked of discrimination
BECKLEY — A Raleigh County couple is suing the United States of America, claiming the federal prison where the wife worked created a hostile environment based on her disability.
Drug company cuts off supply to Mingo Co. pharmacy
CHARLESTON – After West Virginia Attorney General Patrick Morrisey's office filed a lawsuit against it, McKesson Corp. has terminated its contract with Tug Valley Pharmacy in Mingo County without any advanced notice. McKesson is the nation’s largest drug distributor and it informed the pharmacy on Jan. 8 that it was terminating its contract. That was the same day Morrisey's announced it was suing McKesson for its alleged failure to detect, report and help stop all of the controlled substances co
Justices: Board of review relied on misstatement, mischaracterization
CHARLESTON – The West Virginia Supreme Court of Appeals says that a Board of Review decision should be reversed after it found that the board’s decision was based upon a material misstatement or mischaracterization of the evidentiary record. The claim was remanded with instructions to authorize an evaluation by a doctor at Orthopaedic and Spine Surgery Associates for Frank Johnson Jr.’s lower back injury he suffered during his employment, according to a memorandum decision filed Feb.
Man accuses John Skidmore Development of workers’ comp discrimination
CLARKSBURG – A man is suing John Skidmore Development Inc. for discriminating against him for attempting to receive workers’ compensation benefits. John K. Skidmore II and Gregory B. Skidmore were also named as defendants in the suit. The defendants removed the lawsuit to federal court because the federal court is the correct jurisdiction, as the plaintiff’s first cause of action arises under federal law.
Police officer sues City of Kenova for forcing him to quit
WAYNE – A former Kenova police officer is suing the city after he claims he was forced to quit his job under threat. Brandon Willis began his employment with the city on Oct. 20, 2008, when he was sworn in as a police officer, according to a complaint filed in Wayne Circuit Court.
Woman accuses 3D Construction of discrimination, invasion of privacy
CHARLESTON – A woman is suing 3D Construction after she claims it discriminated against her and invaded her privacy. Laura Daniel was also named as a defendant in the suit. Nichole Ballard was hired as a secretary by 3D in August 2013 and since her date of hire, she has been subjected to severe and pervasive sexual harassment and a hostile work environment by Daniel, according to a complaint filed in Wood Circuit Court and removed to federal court.
Wayne Co. man sues Mountaineer Contractors for breach
WAYNE – A Prichard man is suing Mountaineer Contractors Inc. after he claims it breached an agreement with him. Samuel A. Brown owns and resides on 12.642 acres in Butler District of Wayne County in Prichard, according to a complaint filed Jan. 6 in Wayne Circuit Court.
Woman says Nytis Exploration violated state code
WAYNE – A woman is using Nytis Exploration Co. after she claims it violated West Virginia code by refusing to cancel agreements it allegedly fraudulently coerced her to enter into.
Panel reviews public financing complaints in Supreme Court race
CHARLESTON – The State Election Commission members are currently reviewing 155 challenges of contributions to Supreme Court Justice Brent Benjamin’s re-election campaign. The objections could possibly disqualify Benjamin from participating in the public financing of the campaign.
Steptoe & Johnson will sponsor North American Prospect Expo in Houston
Law firm Steptoe & Johnson will be a Premier Sponsor of the North American Prospect Expo in Houston, where international and domestic oil and gas exhibitors will come together to network and make business decisions.
Putnam County woman alleges companies tried to collect debt that has been paid in full
WINFIELD – A resident of Putnam County is suing debt collectors for allegedly trying to collect more money after she claims she paid the debt in full.
Quickbooks creator accused of breach of contract
WHEELING – An individual and two Ohio County companies are seeking damages from Intuit over claims that Intuit failed to process direct deposit transactions in a timely manner.