News from March 2016
Morrisey, other AGs push to USSC to protect property rights
CHARLESTON — West Virginia Attorney General Patrick Morrisey is leading a 21-state bipartisan movement urging the U.S. Supreme Court to affirm a lower court’s ruling that protects the rights of property owners nationwide. The coalition’s amicus, or friend of the court, brief says property owners are entitled to immediately challenge the U.S. Army Corp of Engineers in court anytime its officials label someone’s property as a protected wetland.
Yeager Airport blasting blamed in property damage suits
CHARLESTON – Two lawsuits have been filed against the Central West Virginia Regional Airport Authority after the homeowners’ properties were damaged due to blasting efforts. Dyno Nobel Inc. and Central Contracting Inc. were also named as defendants in the suits. On Aug. 1, 2014, Valerie Eve Brown and Regina Kay Carson’s properties and homes began experiencing cracks and subsidence that had not existed prior to the defendants’ blasting operations, according to two complaints filed Feb. 18 in Kana
Former Capital High principal sues school board, member for defamation
CHARLESTON – A former principal is suing the Kanawha County Board of Education after he claims it defamed his character and invaded his privacy. Pete Thaw, a member of the board, was also named as a defendant in the suit. Clinton Giles was employed in various capacities by the defendant for 34 years and was employed as assistance principal of Capital High School when it opened and was the school’s principal from 2002 until 2015, according to a complaint filed Jan. 25 in Kanawha Circuit Court.
Man sues Genesis Youth Crisis Center for failing to seek medical treatment
MORGANTOWN – A man is suing Genesis Youth Crisis Center after he claims his appendix burst and he was in severe pain. The West Virginia University Board of Governors was also named as a defendant in the suit. Tommy J. Eddy III was placed at Genesis on Dec. 6, 2011, as a juvenile and on Jan. 12, 2012, he became very ill with severe abdominal pain and vomiting, according to a complaint filed Feb. 23 in Monongalia Circuit Court.
Hotel wants to move personal injury case to federal court
CHARLESTON — A Charleston hotel originally sued in Kanawha Circuit Court over a personal injury case is petitioning to move the suit to federal court.
Contractor wants to move injury case from county to federal court
MARTINSBURG — A West Virginia contractor who is a defendant in a personal injury lawsuit has filed a petition to move the case from Brooke Circuit Court to federal court.
Dyslexic student accuses WVU Tech of disability discrimination
CHARLESTON — A 20-year-old Ohio man claims West Virginia University Institute of Technology ("WVU Tech") broke its promises to make special arrangements to accommodate his learning disabilities.
U.S. SC vacates, remands W.Va. arbitration ruling
WASHINGTON – The U.S. Supreme Court has vacated and remanded a 2015 arbitration ruling back to the West Virginia Supreme Court. Last year, the state Supreme Court ruled in the case of Schumacher Homes Inc. v. Spencer. In it, the Justices said the delegation provision in an arbitration clause does not clearly or unmistakably reflect an intention by the parties to assign to the arbitrator all questions about the enforceability of the clause.
Couple accuse debt collector of harassment
BECKLEY — A West Virginia couple have accused a Charleston creditor of harassing them over an alleged debt.
Fired cashier claims Walmart firing was based on health issues
HUNTINGTON — A Cabell County woman's lawsuit claims she was fired from a Huntington Walmart after she had cancer surgery.
Man sues building owner over injury
HUNTINGTON — A Cabell County man says he was permanently injured from a fall due to a sharp railing edge on the rear steps of his apartment building.
Mechanic accuses car dealership of age discrimination
HUNTINGTON — An Ohio man says his former employer, Auto Mall of Huntington, unlawfully terminated him because of his age and health conditions.
McKesson wants Morrisey's drug lawsuit in federal court
CHARLESTON — The nation’s largest prescription drug distributor has asked to have a lawsuit filed against it by West Virginia Attorney General Patrick Morrisey removed to federal court. Morrisey’s office filed the complaint Jan. 8 in Boone Circuit Court against McKesson, 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. McKesson filed its notice of removal to federal court on Feb.
Woman sues Protective Life Insurance for breach of contract
CHARLESTON – A lawsuit has been filed against Protective Life Insurance Company alleging it breached its contract with a woman and her late husband. Dai-Ichi Mutual Life Insurance Co. was also named as a defendant in the suit. In April 2005, Rhoda Frye and her husband purchased life insurance policies from Chase Life Insurance Company and the defendants ultimately took over the policies and obligations under the policies, according to a complaint filed in Mingo Circuit Court and removed to feder
Chemical company wants Freedom spill case in federal court
CHARLESTON – The company that manufactures the chemical leaked into the Elk River in the 2014 spill that left more than 300,000 people without water for days wants a lawsuit by the administrator of the claim plan heard in federal court. Robert L. Johns, in his capacity as GC Plan Administrator and as Spill Claim Plan Administrator for Freedom Industries, filed his lawsuit Jan. 19 in Kanawha Circuit Court. Freedom Industries Inc. also is listed as a plaintiff in the case against Eastman Chemical
State Chamber PAC endorses Walker for Supreme Court
CHARLESTON – The West Virginia Chamber of Commerce PAC is endorsing Beth Walker for the state Supreme Court.
Morrisey announces settlement with Cashland over business practices
CHARLESTON — West Virginia Attorney General Patrick Morrisey has announced a $150,000 settlement with Ohio payday lender Cashland to resolve allegations that its business practices violated the state’s Consumer Credit and Protection Act. The settlement, entered into Feb. 1, requires Cashland to pay $150,000 and ensure its practices comply with state law.
AG's office announces March mobile office hours
CHARLESTON – A consumer representative from West Virginia Attorney General Patrick Morrisey's office will hold public events during March throughout Cabell, Kanawha, Putnam and Wayne counties. The representative will educate consumers on the latest scams in their area, provide tips on how to guard their personal information and answer questions about consumer protection settlements.
A bandwagon West Virginia should be on
Our parents taught us as kids that the mere fact that everyone else is doing something is insufficient reason to justify doing the same thing. It may even be the very reason not to do it. On the other hand, just because everyone else is doing something doesn't mean it's wrong or inadvisable. Everyone else may actually be onto something and merit imitation.
Drawing a line in the sand
CHARLESTON – The West Virginia House of Delegates sent a unanimous message last week to the U.S. Environmental Protection Agency: stay out of our homes. We’ve had a lot of healthy, robust debates this session on issues that lawmakers have had strong disagreements on. They’ve attracted a lot of headlines, and sometimes give the appearance that lawmakers in Charleston can’t agree on anything.