News from January 2020
Three lawsuits filed against Norfolk Southern over alleged injuries stemming from two incidents
WILLIAMSON – Three lawsuits were filed against Norfolk Southern Railway Co. over allegations injuries were sustained by three separate individuals during two separate incidents.
Apex reaches consent judgment to pay more than $200,000 in back wages, damages to Nitro plant employees
NITRO – Apex Pipeline Service Inc. entered into a consent judgment with the U.S. Department of Labor's Wage and Hour Division (WHD) over misclassifying certain employees and not paying employees the proper payments for travel.
Aramark removes employee's sexual harassment case to federal court
BLUEFIELD – A lawsuit alleging Aramark Uniform & Career Apparel allowed an employee to be sexually harassed has been removed to federal court.
Walmart employee's failure to accommodate suit removed to federal court
CHARLESTON – A lawsuit against Walmart filed by an employee over allegations of failure to accommodate has been removed to federal court.
Morrisey, lawmakers unveil legislation meant to protect those with preexisting conditions
CHARLESTON — West Virginia Attorney General Patrick Morrisey and legislative leaders have announced planned legislation that would maintain protections for those with preexisting conditions.
Governor's attorneys say federal investigation into family, businesses has ended
CHARLESTON – Attorneys for Gov. Jim Justice say a federal investigation has ended with no charges against the governor or his family.
ATTORNEY'S OFFICE OF WEST VIRGINIA: U.S. Attorney awards winning high school for drug-free PSA contest
U.S. Attorney Bill Powell has named Wheeling Central Catholic High School as the winner of the drug-free public service announcement contest launched at the beginning of the school year.
After denial in circuit court, state employees file wage payment case in federal court
WHEELING – A case involving state employees who claim they were shortchanged when the state switched from twice monthly to biweekly pay is now in federal court.
Woman claims she was denied accommodations, constructively discharged by HealthSmart due to disability
CHARLESTON – A former HealthSmart claims manager alleges she was constructively discharged because of a hostile work environment.
Kohl's shopper files suit over allegations she was injured when employee carrying boxes ran into her
WHEELING – A Wheeling woman is seeking damages from Kohl's Department Store over allegations she was injured at its Triadelphia store when an employee collided with her.
Lessor claims Mayberry's Restaurant abandoned property, breached lease contract
CHARLESTON – Mayberry's Restaurant is facing a breach of contract suit over the lease of a commercial property in St. Albans.
Former ATI Industries employee alleges he was fired after filing workers' compensation claim
KINGWOOD – A Preston County man injured on the job alleges he was wrongfully terminated because he filed a workers' compensation claim.
CSX faces suit by former conductor alleging exposure to asbestos caused his lung cancer
MOUNDSVILLE – A former railroad conductor and brakeman is suing CSX claiming his exposure to asbestos and other harmful fumes caused his lung cancer.
Defective respirator lawsuit against Cabot Safety, others removed to federal court
MARTINSBURG – A lawsuit against Mine Safety Appliance Co. was removed to federal court for jurisdictional diversity.
Former Triple T Timbering truck driver claims he was fired for reporting safety concerns with truck
KINGWOOD – A former truck driver for Triple T Timbering claims he was fired in retaliation for reporting safety concerns with his assigned truck.
Federal judge officially asks for Cabell, Huntington opioid cases to be sent back to W.Va.
CLEVELAND – The federal judge overseeing the national opioid litigation has requested the cases filed by Cabell County and Huntington be remanded back to West Virginia federal courts and is asking for the ruling to be expedited.
Attorney: PFAS research provided by DuPont settlement is 'really lousy'
PARKERSBURG, W.Va. (Legal Newsline) – Chemicals known as per- and polyfluoroalkyl substances (PFAS) have been in the headlines a lot lately, from congressional hearings to a new film starring Mark Ruffalo that follows the class action lawsuit against DuPont in the Parkersburg area.
U.S. representatives from W.Va. join in amicus brief challenging abortion decisions
WASHINGTON, D.C. — More than 200 lawmakers filed an amicus brief in support of June Medical Services in a case seeking to have the high court reconsider two abortion decisions.
Union funds seek default judgment in case against Moosehead Harvesting over allegedly unpaid contributions
HUNTINGTON – A motion for default judgment has been filed in a lawsuit against Moosehead Harvesting over allegations of violations of pension and retirement laws.
New Martinsville dental office named in lawsuits sues insurance agency
NEW MARTINSVILLE – A New Martinsville dental office is suing its insurance agency over allegations that it breached its contract regarding litigation against the office.