News from January 2016
PERSONNEL FILE: Higginbotham now a partner at Thomas Combs & Spann
CHARLESTON – Thomas Combs & Spann, PLLC is proud to announce that Daniel R. Higginbotham is now a partner of the firm. Higginbotham has practiced with the firm since September 2011.
PERSONNEL FILE: Bowles Rice elects two attorneys to partnership
?CHARLESTON – Bowles Rice LLP is pleased to announce that Charleston attorney Emily R. Lambright and Morgantown attorney Eric H. London have been elected partners in the firm effective Jan. 1.
PERSONNEL FILE: Dinsmore promotes Proctor to partner
?MORGANTOWN – Dinsmore & Shohl LLP is pleased to announce Michael R. Proctor has been named partner. Proctor is among 14 attorneys from across the firm elected to partnership effective Jan. 1.
Asbestos/class action reform bill passes U.S. House
WASHINGTON – Under threat of a presidential veto, the U.S. House of Representatives on Jan. 8 passed a bill that targets class action lawsuits and the asbestos injury compensation system. H.R. 1927 combines the Fairness in Class Action Litigation Act and the Furthering Asbestos Claim Transparency Act, or FACT Act. After hours of debate and the rejection of several Democrat-proposed amendments, the Republican-controlled House passed the bill in a 211-188.
Tomblin says he would pick Democrat for vacant Senate seat
CHARLESTON — Gov. Earl Ray Tomblin says he would appoint a Democrat to fill the seat of a Republican state Senator who resigned, but he wants the state Supreme Court to determine which party will get the seat. Tomblin’s legal team filed a response Jan. 11 to a writ of prohibition filed Jan. 8 by the West Virginia Democratic Party.
A few more lawsuits filed related to 2014 chemical spill
CHARLESTON – A handful of lawsuits were filed Friday related to 2014’s Elk River Chemical Spill. Saturday, Jan. 9, was the two-year anniversary of the incident that left about 300,000 residents without access to tap water for nine days.
Mason Energy says Chevron Appalachia falsified production records
MOUNDSVILLE – Mason Energy LLC has filed a class action lawsuit against Chevron Appalachia LLC after it claims the company falsified production records. On Oct. 27, 2009, Beryl E.
Man sues U.S. Customs for not answering FOIA request
MARTINSBURG – A former employee is suing U.S. Customs & Border Protection after he claims it has not responded to his FOIA request he made nearly a year ago. Dennis Finbarr Murphy was employed under a federal contract as an armed security guard at the CBP’s Advanced Training Center in Harpers Ferry until his termination in September 2014, according to a complaint filed in the U.S. District Court for the Northern District of West Virginia.
More Wyoming Co. residents blame Dynamic Energy for contaminated well water
PINEVILLE – Two lawsuits have been filed against Dynamic Energy Inc. after they claim it contaminated their well water to the point it is no longer safe for human consumption. Mechel Bluestone Inc. was also named as a defendant in the suits. Bobby Kennedy and Rebecca Kennedy; and Elvis Walker, Tammy Hatfield, Joshua Hatfield and Jeremy Hatfield depend on their water well for all of their domestic needs, including drinking, bathing, cooking, cleaning and laundry, according to two complaints fil
Two women blame Murray Energy for man’s death
MOUNDSVILLE – Two women are suing Murray Energy Corporation for the death of their family member. Murray American Energy Inc., Ohio Valley Resources Inc., McElroy Coal Company and the Marshall County Coal Company were also named as defendants in the suit. Amy Garloch, administratrix of the Estate of John Michael Garloch and co-administratrix of the ancillary estate of John Michael Garloch; and Courtney M.
Ten lawsuits filed against Pinnacle Mining for property damages
PINEVILLE – Ten lawsuits have been filed against Pinnacle Mining Company after the plaintiffs claim their properties have been damaged as a result of underground mining operations. William T.
Couple names 70 companies in asbestos case
MOUNDSVILLE – A couple is suing 70 companies they claim are responsible for an August mesothelioma diagnosis. John Lewis Lafferty was diagnosed with incurable and asbestos-related malignant mesothelioma on Aug. 25, according to a complaint filed in Marshall Circuit Court. Lafferty and his wife, Dorothy Lafferty, claim the only medically known cause for mesothelioma in America is exposure to asbestos dust and, over the course of his lifetime, John Lafferty was exposed to asbestos dust while wor
Democrats file writ asking Supreme Court to rule on open Senate seat
CHARLESTON – The West Virginia Democratic Party filed a writ of prohibition with the state Supreme Court against Gov. Earl Ray Tomblin appointing a replacement for a recently retired state senator. Republican state Senator Daniel Hall resigned Jan. 4 to take a job as a state liaison for the National Rifle Association.
Judge reverses Putnam Co. Wal-Mart building permit
WINFIELD – A judge has ruled against the Putnam County Board of Zoning Appeals by denying a permit that would have allowed a Wal-Mart Neighborhood Market to be built in Teays Valley. Circuit Judge John Cummings on Jan. 8 overturned the permit of the board, siding with a group of residents who had fought the building of the store because they said it would create more traffic congestion and bring other issues to their neighborhood along W.Va.
UPDATE: AG's office files suit against McKesson for oxy deliveries
CHARLESTON — West Virginia Attorney General Patrick Morrisey on Friday announced the filing of a lawsuit against the nation's largest prescription drug distributor for allegedly failing to identify, detect, report and help stop the flood of suspicious drug orders into the state. The lawsuit against McKesson Corporation was filed Jan. 8 in Boone Circuit Court after "an extensive investigation," according to Morrisey's office.
Medexpress Urgent Care sued over negligence claims after woman fell on ice
BECKLEY – A Raleigh County woman is suing a Beckley urgent care clinic for injuries allegedly sustained on its property.
Man claims conspiracy and fraud caused wrongful termination from Frontier Communications
WHEELING – A man claims he was wrongfully forced out of work with Frontier Communications through a litany of conspiracy, slander and fraud charges.
Man blames Monongalia County, officials for woman’s death
MORGANTOWN – A Morgantown man is suing the Monongalia County Commission after he claims it is responsible for the shooting death of a woman. Two unnamed deputies, Sheriff Kenneth A.
UPDATE: Preliminary injunction in Common Core lawsuit denied
CHARLESTON – A preliminary injunction sought by the plaintiffs in a lawsuit challenging West Virginia’s Smarter Balance Assessment Consortium was denied, citing lack of evidence. Angela Summers and Fred Dailey, who were represented by Thomas More Law Center; John Sauer of the James Otis Law Group; and Jeff Kimble and E.
Attorneys challenge rates for court-appointed cases
CHARLESTON – A Charleston attorney has given notice to state officials that he is challenging the state’s guidelines that would cut the amount attorneys are paid for their time spent in court-appointed cases. Anthony Majestro of Powell & Majestro sent notice on behalf of attorneys and law firms that take court-appointed cases. Majestro will file a petition for a writ of mandamus with the West Virginia Supreme Court against the state’s Public Defender Services. The petition will ask the court