News from February 2016
Landowners accuse Capital Land Services, others of breach of mineral lease contracts
MOUNDSVILLE — A group of West Virginia landowners are suing Capital Land Services over a dispute involving mineral rights.
Worker injured on construction project alleges Triton violated safety standards
LOGAN — A Kanawha County couple is suing a construction company in a dispute surrounding injuries the husband allegedly suffered working on a bridge construction project.
Bank officer accuses MetLife of refusing to honor her disability claim
PRINCETON — A Mercer County woman is suing MetLife in a dispute involving long-term disability benefits.
Customer blames casino for torn rotator cuff in slip-and-fall incident
WHEELING — An Ohio man is suing Wheeling Island Hotel Casino for injuries he allegedly suffered from slipping and falling on the premises.
Tobacco-shops firm accused of defaulting on note
WHEELING — A Wheeling business is suing a customer for allegedly defaulting on a promissory note executed in 2013.
Forums allow a chance to interact with Business Court
CHARLESTON — The National Business Institute (NBI) has partnered with a law firm to moderate judicial forums in Charleston and Morgantown this spring. The upcoming seminars, set for May and April, will revolve around the West Virginia Business Court and judiciary takes on litigation, and will be managed by two Bowles Rice partners. Stuart McMillan and Andrew Fusco will each manage their own seminar, respectively.
Justices say injury was not caused by accident at work
CHARLESTON – The West Virginia Supreme Court of Appeals has ruled that an injury a man sustained was not caused by an accident at work. The court found that the decision of the Board of Review was not in clear violation of any constitutional or statutory provision, nor was it clearly the result of erroneous conclusions of law, nor was it based upon a material misstatement or mischaracterization of the evidentiary record, according to the Feb. 4 memorandum decision.
State Supreme Court affirms Office of Judges decision
CHARLESTON – The West Virginia Supreme Court of Appeals affirmed a 2014 decision made by the Office of Judges in regard to a man’s 2012 injury. The court found that the decision of the Board of Review was not in clear violation of any constitutional or statutory provision, according to the Feb. 4 memorandum decision.
Walker shares her conservative vision for state Supreme Court
CHARLESTON – With less than 100 days before the election, Beth Walker is campaigning full-time for a seat on the state Supreme Court of Appeals. “We continue to be very busy, traveling all across West Virginia,” Walker said. “We’ve been going full steam every day since June 11. But, to be honest, I really enjoy traveling around the state and meeting people. So, there are no complaints here.”
U.S. Chamber urges Tomblin to sign AG 'sunshine bill'
WASHINGTON – The U.S. Chamber Institute for Legal Reform is pushing Gov. Earl Ray Tomblin to sign legislation providing transparency to how the state Attorney General's office operates. ILR President Lisa A. Rickard applauded the state Legislature for passing House Bill 4007, which promotes transparency and limits contingency fees when the AG's office hires outside private plaintiffs’ lawyers.
Couple accuse General Motors of selling defective truck
PINEVILLE — A Wyoming County couple is suing General Motors for alleged defects in a new truck they purchased early last year.
Landowners cite breach of contract against CLS Group over mineral leases
WHEELING — A West Virginia real estate firm and other property owners are suing CLS Group and several other defendants in a dispute involving mineral rights.
Woman accuses Family Dollar of retaliatory discharge
PINEVILLE — A Wyoming County woman is suing Family Dollar Stores, a company where she worked for seven years, claiming the defendant fired her after she filed a workers’ compensation claim.
Nursing home faces suit alleging wrongful death
PRINCETON — A Mason County woman is suing Princeton Health Care Center, claiming the nursing home's neglect of her mother’s care contributed to her death.
Man says he was injured by Jefferson High teacher at school
MARTINSBURG – A man is suing the Jefferson County Board of Education through his guardian after he claims he was injured by a teacher at school.
Man sues R&R Operations, others for injuries from fall
KINGWOOD – A man is suing R&R Operations LLC after he claims he was injured from a fall from a rooftop. Mark Ball, Sheri Ball, Shorthorns LLC and Maine Crossings LLC were also named as defendants in the suit. On Dec. 14, the defendants in the suit filed motions to dismiss the lawsuit, citing improper venue. The court ordered that the case be transferred to Preston Circuit Court from Monongalia Circuit Court.
Delbarton man accuses Williamson Memorial of HIPAA violations
CHARLESTON – A Delbarton man is suing Williamson Memorial Hospital after he claims it violated HIPAA by disclosing personal information about his surgery.
Injections necessary for man’s 1986 injury, Justices rule
CHARLESTON – The West Virginia Supreme Court of Appeals has ruled that the injections sought by a man for his injury are medically necessary and should be allowed. The court has considered the parties’ briefs and the record on appeal, according to a memorandum decision filed Feb. 4 by the West Virginia Supreme Court of Appeals
U.S. SC sides with states, halts EPA’s Clean Power Plan
West Virginia Attorney General Patrick Morrisey and Texas Attorney General Ken Paxton hailed the high court’s decision to stay the agency’s new rule, calling it a “major victory” for Americans. The White House disagreed with the court’s order, but said it is confident the agency will prevail in the court challenge.
Law firm continues free Valentine's Day divorce for eighth year
CHARLESTON – The Webb Law Centre is offering its eighth annual free Valentine's Day divorce to the person who presents the "most compelling story." The Webb Law Centre will choose the winner based on its opinion of whose story is the most convincing of why they deserve the free divorce. The divorce is limited to an uncontested, no-fault divorce with no or minimal child custody issues.