News from June 2020
Former Mount Olive inmate says officers pepper sprayed him, shot him with a baton launcher
CHARLESTON – A former Mount Olive Correctional Center inmate says he was mistreated and subjected to excessive force while serving time.
U.S. Supreme Court overturns Atlantic Coast decision
CHARLESTON — West Virginia Attorney General Patrick Morrisey and U.S. Sen. Shelley Moore Capito praised a decision made by the U.S. Supreme Court to overturn a lower court's ruling with the Atlantic Coast Pipeline.
Woman sues after tripping in parking lot at Beckley recovery center
BECKLEY – A Beckley woman says she was injured when she tripped over a parking bumper at a recovery center.
JACKSON KELLY PLLC: In Response to Recent Events
When one of our communities hurts, we all hurt.
DINSMORE & SHOHL LLP: Webinar Series: Eliminating Bias: Does Title VII Prohibit Discrimination on the Basis of Sexual Orientation - Webinar 1: Implicit Bias: How You Can Recognize and Mitigate It
In one of the more hotly debated decisions of 2020, the Supreme Court’s decision on Title VII will potentially give a definitive answer to whether federal protections against sex discrimination implicitly prohibit sexual orientation and gender identity discrimination, and is likely to provide clarity to employers that have faced conflicting decisions from various federal courts around the country.
WEST VIRGINIA ATTORNEY GENERAL: Attorney General Morrisey Joins in Urging FCC to Implement Rules to Fight Illegal Robocalls
West Virginia Attorney General Patrick Morrisey recently filed comments with attorneys general across the nation urging the Federal Communications Commission to implement proposed rules aimed at fighting illegal robocalls.
BAILEY & GLASSER LLP: US Court of Appeals Affirms District Court’s Ruling Denying Motion to Compel Arbitration
Bailey Glasser is pleased to announce that the US Court of Appeals for the Fourth Circuit affirmed the decision of the US District Court for the Southern District of West Virginia denying a defendant employer’s motion to compel arbitration as to a group of opt-in Plaintiffs, in a case brought by employees of Applebee’s Restaurants alleging violations of state and federal wage-and-hour laws.
WEST VIRGINIA SUPREME COURT OF APPEALS: New “And Justice For All” Videos Available
Two new “And Justice For All” videos, focusing on the West Virginia Constitution and an overview of the Supreme Court of Appeals of West Virginia, were released.
Federal appellate court says officers shouldn't have qualified immunity in excessive force case that left black man dead
RICHMOND, Va. — The U.S. Court of Appeals for the Fourth Circuit found that Martinsburg police officers who shot a man in 2013 should not have qualified immunity in a lawsuit alleging excessive force.
Daughter says doctor, others caused mother's overdose
SUMMERSVILLE — A woman claims a medical practice, a pharmacy and a physician were all negligent and caused her mother's fatal overdose.
Yogi Berra on killing zombies
Getting rid of irrational regulations is like killing zombies: Even when they seem to be dead, they may spring back to life. It ain’t over ’til it’s over.
Morrisey, other AGs go after generic drugmakers for price hikes on topical prescriptions
CHARLESTON — West Virginia Attorney General Patrick Morrisey has joined 50 other AGs in a federal lawsuit filed against more than two dozen generic drug manufacturers alleging the companies and 10 senior executives conspired to unlawfully increase prices on some 80 topical prescriptions.
Elkview man says Charleston physician overprescribed opioids
CHARLESTON — An Elkview man alleged that a physician whose medical license is currently limited and restricted committed medical negligence when he overprescribed and inappropriately described addictive opiates.
Princeton man says physician failed to diagnose stroke
PRINCETON — A Princeton man suffered a stroke and alleged a physician failed to diagnose him and sent him home.
Wooton promises to be 'the very best justice I can'
CHARLESTON – The state Supreme Court soon will have a new face among the five Justices. Longtime state lawmaker Bill Wooton earned a position on the state’s highest court June 9 during the delayed West Virginia primary.
Kanawha County woman says doctor, pharmacies got her hooked on Fentanyl
CHARLESTON – A Kanawha County woman claims a doctor and two pharmacies got her hooked on highly addictive pain medicine.
Sponaugle pulls ahead with final votes in Democratic AG primary race
CHARLSTON – Delegate Isaac Sponaugle pulled ahead as the final precinct numbers rolled in, apparently giving him the Democratic nomination in the state Attorney General race.Sponaugle, who trailed Beckley attorney Sam Brown Petsonk by nearly 800 votes at midnight with 98 percent of statewide precincts reporting.
Armstead, Hutchison, Wooton win Court seats; Carmichael loses; Salango wins
CHARLESTON – Two incumbent Supreme Court justices are leading their respective races, while a veteran lawmaker apparently will win the third seat on this year’s election ballot was a tight one.
Couple says CAMC failed to prevent patient falls
CHARLESTON — A woman and her husband allege Charleston Area Medical Center was negligent when it failed to implement fall measures for patients.
BAILEY & GLASSER LLP: Highlights of the Payroll Protection Program Flexibility Act of 2020
On June 3, 2020 the US Senate passed the Payroll Protection Program (PPP) Flexibility Act of 2020.