News from June 2019
NELSON MULLINS: West Virginia Team Addresses Class Certification Issue in Appeal
West Virginia Managing Partner Marc Williams, with assistance from associate Chris Smith, represented West Virginia University Hospitals Inc. and West Virginia United Health System Inc. in a case that could ultimately change the way state courts must look at certifying classes in potential class-action lawsuits.
FLAHERTY SENSABAUGH BONASSO PLLC: Bob Coffield and Amy McLaughlin to Provide HIPAA Update and Discuss Changes to the Opioid Reduction Act
Bob Coffield and Amy McLaughlin will provide an update on HIPAA as it relates to health information, as well as changes from SB273 during the 2018 session that introduced the Opioid Reduction Act. They are presenting at the 2019 Spring Conference of the West Virginia Society for Healthcare Risk Management and West Virginia Association of Medical Staff Services.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: Legacy Land Management, Southern Coal and Affiliates Sued by EEOC for Retaliation
Affiliated companies Southern Coal Corporation, Kentucky Coal Transport, LLC, and Tams Management, Inc., together with contracted hauling company Legacy Land Management, Inc., violated federal law against retaliation in discrimination cases, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed.
Schwartz files pre-candidacy papers for 2020 Supreme Court race
CHARLESTON — Bill Schwartz filed pre-candidacy papers with the West Virginia Secretary of State's Office to run in the 2020 state Supreme Court justice race.
Mylan sued for patent infringement
WHEELING — A tobacco company is suing Mylan Pharmaceutical after it claims it infringed on one of its patents.
More lawsuits filed against manufacturers for opioid epidemic
MOUNDSVILLE — Thirteen lawsuits were filed against Mylan Pharmaceuticals and Purdue Pharma for the opioid epidemic ravaging the state.
Supreme Court sides with surface owners in trespassing suit
CHARLESTON — The West Virginia Supreme Court of Appeals sided with surface owners in an appeal of a lawsuit where EQT argued it could access mineral rights via surface owners property without permission.
Morrisey calls for Catholic Church to release Bransfield report
CHARLESTON — West Virginia Attorney General Patrick Morrisey urged the Diocese of Wheeling-Charleston to release its investigative report on former Bishop Michael Bransfield's alleged misconduct.
Justice company agrees to pay sanctions
BECKLEY — A company owned by Gov. Jim Justice has agreed to pay sanctions in the amount of $1.23 million after U.S. Attorney Mike Stuart filed a motion to impose liability on Justice and his son, Jay Justice.
Morgantown firefighters claim city doesn't properly pay them for holiday work
MORGANTOWN – Members of the Morgantown Fire Department have filed a lawsuit alleging the city hasn’t properly compensated them for working on holidays. The complaint, filed June 7 in Monongalia Circuit Court, lists Lieutenant Jayson Nicewarner as the named plaintiff. He also is president of IAFF Local 313, and the other 57 plaintiffs are Morgantown firefighters and members of the union.
House replies to Workman's USSC impeachment brief, again says court should grant writ
WASHINGTON – The House of Delegates has responded to a brief about whether the U.S. Supreme Court should hear a case regarding last year’s state Supreme Court impeachment proceedings.
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Man alleges Tug River Health Association discharged late mother without appropriate interventions
BLUEFIELD – A McDowell County resident alleges the misdiagnosis of his mother's condition by a federally funded clinic caused her death.
Former patient files suit against Princeton Community Hospital over allegedly negligent care
PRINCETON – A McDowell County woman alleges a hospital breached its standard of care while she was a patient in 2016.
Pedestrian sues state agency for injuries from fall while walking on McMechen bridge
MOUNDSVILLE – A McMechen woman is suing a state agency after she allegedly sustained injuries while using a pedestrian walkway.
Consumer alleges Ford truck he purchased doesn't properly shift out of four-wheel drive, seeks to cancel contract
GRAFTON – A Flemington man alleges a Ford pickup truck he purchased has several defects and is seeking to cancel the contract.
Kirk Trucking alleges Bluestone Industries failed to pay for hauling of equipment
WILLIAMSON – A Kermit trucking company alleges it was not paid for two jobs it was hired to do by a coal company.
HERC Oil and Gas seeks return of more than $60,000 it paid for lease that allegedly did not have good title
WEST UNION – An oil and gas company alleges it paid several thousand dollars for a lease when the assignor did not have a good title.
W.Va. Supreme Court ruling could impact future potential class-action lawsuits
CHARLESTON – A state Supreme Court ruling could change the way state courts have to look at certifying classes in potential class-action lawsuits.
Weirton firefighters file petition to stop work changes, creation of new city position
NEW CUMBERLAND – Claiming the department is “critically understaffed,” Weirton firefighters are seeking an injunction to prevent the city from creating and filling the position of Public Safety Director.