News from October 2017
Judge dismisses four claims in FDA vaping lawsuit
CHARLESTON – A federal judge has dismissed four of five claims against the Food and Drug Administration in a lawsuit challenging the legality of the FDA regulating e-cigarettes and vaping devices.
Supreme Court overturns state court’s ruling Kourt Security Partners suit
CHARLESTON – The West Virginia Supreme Court of Appeals has overturned a ruling by Kanawha Circuit Court in a lawsuit
Former students sue boarding school for alleged abuse
CHARLESTON – Nine lawsuits have been filed by former students of a boarding school alleging they were abused during their stay at the school.
Federal court dismisses one defendant in Huntington police case, denies others
HUNTINGTON – A federal court granted a motion to dismiss one defendant in a lawsuit against the city of Huntington, while denying the motions to dismiss the rest of the defendants.
Woman sues for injuries sustained at Chester post office
WHEELING – A woman is suing Hiler Buffalo after she claims she was injured at the post office when it allegedly failed to properly maintain a handrail.
Case involving flash fire on natural gas well pad moved to federal court
WHEELING – A couple is suing Stone Energy Corp. after they claim injuries were sustained during a flash fire. Stone owned, operated and controlled a natural gas well pad in New Martinsville known as “Howell Pad,” according to a complaint filed Sept. 12 in Wetzel Circuit Court and removed to federal court on Oct. 5.
Federal court denies motion for partial judgment in employment dispute
WHEELING – A federal court has denied the plaintiff’s motion for partial judgment on the pleadings in a lawsuit against EMS USA Inc. This civil action was removed to federal court Ohio Circuit Court on the basis of diversity jurisdiction.
Judge partially denies motion to dismiss in car accident lawsuit
WHEELING – A judge has granted in part and denied in part a motion to dismiss a lawsuit alleging injuries an employee suffered in a car accident.
Outback Steakhouse dishes case removed to federal court
BLUEFIELD – A couple is suing Outback Steakhouse after they claim it was responsible for injuries sustained at the restaurant. OSI Restaurant Partners and Jane Doe were also named as defendants in the suit.
AG's office seeks nearly $50K from Calif. debt negotiator
CHARLESTON — West Virginia Attorney General Patrick Morrisey's office has filed a petition seeking more than $49,000 owed to consumers by a California-based law firm that unlawfully offered debt settlement and negotiation services in the Mountain State.
Morrisey joins group seeking implementation of opioid mitigation programs
CHARLESTON – Attorney General Patrick Morrisey joined a bipartisan group of attorneys general in letters to encourage 15 companies to implement programs to mitigate opioid abuse within the prescription benefit component of their health care plans.
W.Va. will get $1.27M share of GM ignition defect settlement
CHARLESTON — West Virginia Attorney General Patrick Morrisey's office has announced a $120 million settlement with General Motors Co. over allegations of concealed safety issues related to vehicle ignition defects. West Virginia’s share of the settlement is approximately $1.27 million.
Judge says another company can operate Suncrest Hilton Garden Inn
CLARKSBURG – U.S. District Judge Irene M. Keeley has granted a request to allow another company to operate the Suncrest Hilton Garden Inn.
Mingo Co. school board injury case removed to federal court
CHARLESTON – A woman is suing Mingo County Board of Education after she claims her daughter is discriminated against because of her disability.
Class action lawsuit filed against Raleigh Heart Clinic for bloodborne illness
BECKLEY – A class action lawsuit has been filed against Raleigh Heart Clinic after the class members claim they were exposed and contracted bloodborne illnesses from the clinic.
Shower fixture injury case removed to federal court
CHARLESTON – A lawsuit filed against Choice Hotel International alleging injuries from a shower fixture has been removed to federal court.
Jackson Taylor Contractors sues Asphalt Contractors & Site Work for breach of contract
CHARLESTON – Jackson Taylor Contractors is suing Asphalt Contractors & Site Work for breaching its contract.
Father, daughter sue Ditech Financial for negligence
BECKLEY – A father and daughter are suing Ditech Financial after they claim it was negligent and caused them damages.
Woman blames DISH Network for house fire
CLARKSBURG – A woman is suing DISH Network after she claims improperly installed equipment caused her home to catch fire.
Woman accuses Raleigh General Hospital of wrongful termination
BECKLEY – A woman is suing Raleigh General Hospital for after she claims her employment was wrongfully terminated.