News from February 2016
Man accuses Belo Mine Supply of discrimination, wrongful termination
WILLIAMSON – A man is suing Belo Mine Supply Inc. after he claims his employment was wrongfully terminated because of his age and health issues. On Oct. 30, Joseph Rumore, at the age of 61, was terminated from his employment with Belo, according to a complaint filed in Mingo Circuit Court.
Wayne Co. woman accuses Midland Funding of consumer credit violations
WAYNE – A woman is suing Midland Funding after she claims it violated the West Virginia Consumer Credit and Protection Act. Between January 2012 and February 2014, the defendant contacted Brandy S. Hayton numerous times over a debt that Hayton disputed and Midland did not respond with a notice of investigation or actually conduct an investigation, according to a complaint filed Feb. 16 in Wayne Circuit Court.
Poll shows McGraw leads race for state Supreme Court
CHARLESTON – A new poll shows former state Attorney General Darrell McGraw is leading in his bid for a second stint on the state Supreme Court. The poll, conducted by Orion Strategies and released Feb. 25, shows McGraw with the support of 25 percent of registered voters. Incumbent Justice Brent Benjamin comes in at 10 percent, while Beth Walker and Bill Wooton are at 4 percent each. Wayne King has 2 percent.
Unger drops lawsuit over state Senate meeting on Sunday
CHARLESTON – A state Senator who had filed a lawsuit to prevent the state Senate from meeting on Sunday has dropped the matter. Sen. John Unger (D-Berkeley) filed his petition Feb. 24 in Kanawha Circuit Court against state Senate President Bill Cole. A hearing was set for Friday before Judge Jim Stucky, but Unger dropped the case Thursday after reaching an agreement with Senate Majority Leader Mitch Carmichael.
Buyers of home sue sellers, real estate agents
BECKLEY — A Raleigh County couple is suing real estate agents and former homeowners for allegedly selling the plaintiffs property that had problems with its foundation, flooding and termites.
Man accuses debt collector of false representation, harassment
CHARLESTON — A Kanawha County man is suing a debt collector for allegedly using false, deceptive and misleading tactics to collect money owed on a credit card.
Woman sues bank over alleged collection methods
WINFIELD — A West Virginia woman alleges her bank attempted to collect an unpaid debt through harassing telephone calls and written communication that violated the state’s Consumer Credit and Protection Act.
Trucking firm wants case moved to federal court
CLARKSBURG — A Birmingham, Ala.-based trucking business has filed a petition to remove a property damage case in which it is a defendant from Doddridge Circuit Court to federal court.
Sign maker, Mingo Co. officials settle lawsuit
WILLIAMSON – A lawsuit over a Mingo County sign maker’s arrest has been settled with county officials. George White, who was arrested in 2013 and convicted of felony drug charges, later filed a lawsuit, claiming that then-sheriff Eugene Crum had arranged for a confidential police informant to frame him of selling oxycodone tablets. He claimed his constitutional rights had been violated.
AG's office warns of spike in IRS scam calls
CHARLESTON — West Virginia Attorney General Patrick Morrisey's office is offering guidance in response to a record spike – nearly 1,000 reports in one day – of an Internal Revenue Service scam circulating statewide. Morrisey strongly urges all consumers to ignore such calls, do not return voicemails and report any victimization to the U.S. Inspector General’s Office on Tax Administration.
Unger sues Cole to stop state Senate from meeting Sunday
CHARLESTON – A state Senator wants a judge to prevent the state Senate from meeting on Sundays. Sen. John Unger (D-Berkeley) filed petition Feb. 24 in Kanawha Circuit Court against state Senate President Bill Cole, a Republican who also is running for governor. A hearing is set for Friday morning before Judge Jim Stucky.
Walker wants court to deny Benjamin's public finance money
CHARLESTON – State Supreme Court candidate Beth Walker has filed a petition to stop incumbent Justice Brent Benjamin from spending $525,000 in public campaign financing in his quest to retain a seat on the bench. The money was awarded to Benjamin’s campaign after the State Election Commission certified earlier this month that he had qualified for the funding under West Virginia election law.
Woman claims she was fired while seeking treatment for migraines
HUNTINGTON — A woman from Scottown, Ohio, is suing a Cabell County manufacturer of eye-care products, claiming the company unlawfully fired her.
Stone and gravel company sued over alleged unpaid bills
BECKLEY — An equipment company is suing a stone and gravel operation, claiming the defendant has failed to pay for equipment, service and parts.
Woman sues City of Huntington for alleged injury
HUNTINGTON — An Alum Creek woman is suing the City of Huntington, claiming she was injured while walking along a neglected sidewalk.
Groups praise passage of legal reform bill aiding drug companies
WASHINGTON — A national group and a state group both are praising a recently passed piece of legislation that would bring West Virginia in line with other states regarding the legal responsibility of drug manufacturers. Senate Bill 15 would adopt the intermediary doctrine as a defense to civil action due to lack of warnings or instructions. The bill now awaits Gov. Earl Ray Tomblin's signature.
Justices won't answer hate crime question in case against former Herd football player
CHARLESTON – The West Virginia Supreme Court of Appeals has chosen to not rule on whether or not a former Marshall University football player can be charged with a hate crime in connection with the assault of two gay men that occurred last year.
Summary judgment granted in St. Mary's wrongful termination case
HUNTINGTON – Summary judgment was granted in a lawsuit against St. Mary’s Medical Center alleging wrongful termination. Circuit Judge Christopher D. Chiles dismissed the lawsuit with prejudice, after hearing oral arguments from the parties regarding summary judgment on Feb. 5. The order was filed Feb. 16.
Law firm announces winner of free Valentine’s Day divorce
CHARLESTON – The Webb Law Centre announced the winner of the eighth annual free Valentine’s Day divorce. Megan Bigler won the contest and will have her consultation with Charles R. “Rusty” Webb sometime in the near future. “There was something about Megan’s application that caught my eye,” Webb said. “She’s enduring a bad situation, but she’s making the best out of it.”
Capito, Manchin urge court to halt EPA Clean Power Plan
WASHINGTON – West Virginia's U.S. Senators Shelley Moore Capito and Joe Manchin filed an amicus brief supporting the state's effort to stop the EPA’s Clean Power Plan. Capito, a Republican, and Manchin, a Democrat, signed the amicus brief spearheaded by Senate Majority Leader Mitch McConnell (R-Ky.,) Senate Environment and Public Works Committee Chairman Jim Inhofe (R-Okla.), House Energy and Commerce Committee Chairman Fred Upton (R-Mich.) and House Energy and Power Subcommittee Chairman Ed Whi