Charleston, West Virginia civil rights lawyer represented the Plaintiff who sued the Defendant on a prisoner civil rights violation theory under 42 U.S.C. 1983. ... More...    $0 (10-24-2023 - WV)

Charleston, West Virginia civil rights lawyers represented Plaintiffs who sued the Defendants on prison civil rights violation theories.

This action arose out of the death of Mr. Kevin B. Whittaker (“Decedentâ€�) while he was incarcerated in the Southern Regional Jail (“SRJâ€�) in Beckley, West Virginia. According to the Second Amended Complaint, the Decedent was incarcerated at SRJ ... More...    $0 (04-26-2023 - WV)

Huntington, West Virginia civil rights lawyers represented Plaintiff who sued Defendants claiming they violated her First Amendment rights.

Durstein worked as a full-time teacher for Cabell County Schools from November 2001 until her termination on March 6, 2017. During the 2016-2017 school year, Durstein taught World Studies at Huntington High School. She operated a Twitter account vie... More...    $0 (08-23-2023 - WV)

Charleston, West Virginia civil litigation lawyers represented Plaintiff, who sued Defendant on 1983 civil rights violation theories.

Plaintiff claimed that Parkersburg officials improperly entered and searched his downtown Parkersburg property in 2021.

The Court dismissed the Plaintiff's claim against the City but allowed Plaintiff's claims to go the jury against Parkersburg Ma... More...    $0 (07-13-2022 - WV)

This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou... More...    $0 (05-11-2018 - WV)

Mark Cowden, a former lieutenant with the Hancock County Sheriff’s Office (HCSO) in West Virginia, was charged with deprivation of rights under color of law, in violation of 18 U.S.C. § 242, and knowingly making a false statement to impede a federal investigation, in violation of 18 U.S.C. § 1519. In a jury trial, the evidence showed that in the course of his police duties, Cowden assaulted Ryan H... More...    $0 (02-16-2018 - WV)

Petitioners Judy Mae Greer, William Charles Vandevender, Judith Kay Newbrough, Daniel T. Vandevender, Dallas E. Vandevender, Jo Ann Rae Giraldi, and Douglas P. Vandevender, by counsel John J. Wallace, IV, appeal the order of the Circuit Court of Pocahontas County that dismissed their claims of tortious interference, undue influence, fraud, and civil conspiracy. Respondents David Lynn and Donna Van... More...    $0 (02-14-2018 - WV)

This case involves a consolidated trial of four products liability cases that are each part of a multidistrict litigation encompassing over twenty-five thousand total cases. The jury returned verdicts for the plaintiffs, awarding over $4 million to each. Defendant Boston Scientific Corporation asserts that the consolidation itself rendered the trial unfair, disputes two evidentiary rulings, claims... More...    $0 (02-14-2018 - WV)

This appeal concerns a dispute between the West Virginia State Lottery, the
Lottery Commission, the Lottery Director,1 (collectively, the State Lottery) and certain
entities (Permit Holders) who were issued permits to operate limited video lottery game
terminals (LVL terminals). The dispute arose after the State Lottery instructed the Permit
Holders that they would be required to u... More...    $0 (11-14-2017 - WV)

Is the West Virginia crime of aggravated robbery, W. Va. Code § 61-2-12 (1961), a predicate crime of violence under the force clause of U.S.S.G. § 4B1.2? The district court held that it was categorically violent, and we affirm its judgment.
I
Blain Salmons Jr. pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1) and 924(a)(2). This crime carries a base of... More...    $0 (11-12-2017 - WV)

On August 23, 2013, Mr. Noel was driving through the streets of downtown
Bluefield, West Virginia, when Bluefield Police Officer K.L. Adams (“Officer Adams”), who
was patrolling those streets in a police car, pulled out behind him. Mr. Noel then turned onto
a side street, and Officer Adams continued his patrol route. Shortly thereafter, Mr. Noel
exited a side street in front of... More...    $0 (11-06-2015 - WV)

Petitioner Laverne Harper, widow of John R. Harper, by Reginald D. Henry, her attorney, appeals the decision of the West Virginia Workers’ Compensation Board of Review. West Virginia Office of the Insurance Commissioner, by Mary Rich Malloy, its attorney, filed a timely response. This appeal arises from the Board of Review’s Final Order dated April 16, 2014, in which the Board reversed an October ... More...    $0 (10-21-2015 - WV)

Petitioner and plaintiff below (L. Linda Mays) by counsel, Jeffrey V. Mehalic, appeals two orders entered in the Circuit Court of Cabell County.1 In one order, dated May 23, 2014, the circuit court granted summary judgment in favor of respondent and defendant below (The Marshall University Board of Governors) on petitioner’s claim for negligent infliction of emotional distress.2 In its other order... More...    $0 (10-20-2015 - WV)

The petitioner and plaintiff below, Teri Sneberger, appeals a final order of the
Circuit Court of Randolph County entered on June 2, 2014, denying her motion for a new
trial in her civil action against the respondents and defendants below, Jerry Morrison, d/b/a
Jerry Morrison Construction, and James Phillips, arising out of the construction of her log
home. Following a three-day tr... More...    $0 (06-11-2015 - WV)

In this interlocutory appeal of the November 5, 2010, order of the Circuit Court of Kanawha County, the defendants below — the City 1 of Saint Albans, B.L. Tagayun and A.C. Truitt2 (hereinafter collectively referred to as “Appellantsâ€�) — challenge the trial court’s refusal to grant summary judgment on qualified immunity grounds. The underlying civil complaint filed by David A. Botkins (h... More...    $0 (11-23-2011 - WV)

Where there is no provision in a written employment agreement, personnel handbook, personnel policy materials or employer documents granting employees payment for unused, accumulated sick leave upon termination from employment, the unused, accumulated sick leave, upon termination from employment, is not a vested, nonforfeitable fringe benefit under the West Virginia Wage Payment and Collection Act... More...    $0 (09-29-2011 - WV)

When Kara Kowalski was a senior at Musselman High School in Berkeley County, West Virginia, school administrators suspended her from school for five days for creating and posting to a MySpace.com webpage called "S.A.S.H.," which Kowalski claims stood for "Students Against Sluts Herpes" and which was largely dedicated to ridiculing a fellow student. Kowalski commenced this action, under 42 U.S.C. Â... More...    $0 (07-27-2011 - WV)

The plaintiff below and appellant herein, Randy L. Mace (“Mr. Maceâ€�), as personal representative of the Estate of Kathy W. Mace (“Ms. Maceâ€�), appeals from an order of the Circuit Court of Monongalia County, West Virginia, dismissing his wrongful death lawsuit on the basis of forum non conveniens. Applying West Virginia Code § 56-1-1a (Supp. 2010), the forum non conveniens statute, the cir... More...    $0 (06-16-2011 - WV)

Once again, this Court is asked to consider the constitutionality, vel non, of W. Va. Code § 55-7B-8 which places a limit or “capâ€� on compensatory damages for noneconomic loss awarded in a medical professional liability action. On two prior occasions, in the cases of Robinson v. Charleston Area Medical Center, Inc., 186 W. Va. 720, 414 S.E.2d 877 (1991) and Verba v. Ghaphery, 210 W. Va. 30, 5... More...    $0 (06-22-2011 - WV)

West Virginia, County Sheriff Craig Fraley, and his Chief Deputy, Paul Sabin, challenge the district court’s award of attorney’s fees and costs under 42 U.S.C. § 1988 to Appellee Brenda A. Bosley. Appellants do not challenge the calculation, the amount or the reasonableness of the award; nor do they dispute that Appellee was a "prevailing party" under § 1988(b). Rather, they contend more nar... More...    $0 (06-14-2011 - WV)

The West Virginia Medical Imaging and Radiation TherapyTechnologyBoard of Examiners (“Boardâ€� or “Appellantâ€�) appeals the March 26, 2010, order of the Circuit Court of Monongalia County, which reversed the Board’s Final Administrative Order suspending for two years Appellee Kenneth A. Harrison’s license to practice medical imaging and radiation therapy technology in the State of West Vi... More...    $0 (05-26-2011 - WV)

This case comes before us on appeal for essentially a third time.1 The current appeal is by the plaintiffs below, Farouk Abadir, Hosny Gabriel, Ricardo Ramos, Alfredo Rivas, Michael Vega and Huntington Anesthesia Group, Inc. (“Appellantsâ€�) from a November 19, 2009, order of the Circuit Court of Cabell County granting a motion to dismiss filed by the defendants below, Mark Dellinger and the law... More...    $0 (05-02-2011 - WV)

The State of West Virginia, by its Attorney General, commenced this action in state court against CVS Pharmacy, Inc., and five other pharmacies (collectively, the "Pharmacies"), alleging that the Pharmacies sold generic drugs to West Virginia consumers without passing along to the consumers the cost savings of generic drugs over brand name equivalents, in violation of West Virginia Code § 30-5-12... More...    $0 (05-20-2011 - WV)

Julie Fato sued former West Virginia State Police trooper Derek Snavely on a civil rights violation under 42 U.S.C. 1983 claiming that Defendant forced her to have sex with him in November 2008.

Snavely claimed that Fato consented to the sexual encounter and claimed that Fato instigated the activity.... More...    $0 (03-04-2011 - WV)

Steven Witt brought this § 1983 Fourth Amendment excessive force case against the West Virginia State Police and three troopers. After dismissing Witt’s claims against the State Police and the troopers in their official capacity, the district court refused to grant summary judgment to the troopers in their individual capacity. Contending that qualified immunity protects them from suit, the troo... More...    $0 (02-04-2011 - WV)

In this case, police officers executed a late-night, no-knock entry into a family’s home. Though the officers claim that exigent circumstances justified their conduct, we agree with the district court that the remarkably scanty rationale offered for the no-knock invasion makes an award of qualified immu- nity inappropriate. With respect to the denial of qualified immunity on plaintiffs’ other ... More...    $0 (01-14-2011 - WV)

1. "Article V, section 1 of the Constitution of West Virginia which prohibits any one department of our state government from exercising the powers of the others, is not merely a suggestion; it is part of the fundamental law of our State and, as such, it must be strictly construed and closely followed." Syl. Pt. 1, State ex rel. Barker v. Manchin, 167 W. Va. 155, 279 S.E.2d 622 (1981).

2.... More...    $0 (03-11-2003 - WV)

The appellant herein and plaintiff below, Lloyd's, Inc. (hereinafter “Lloyd'sâ€�), appeals from an order entered February 11, 2009, by the Circuit Court of Braxton County. By that order, the circuit court granted the motion to dismiss filed by the appellee herein and defendant below, Charles R. Lloyd (hereinafter “Charles Lloydâ€�), and dismissed Lloyd's complaint finding that the claims ass... More...    $0 (03-04-2010 - WV)

After a West Virginia State Police officer shot and killed a fugitive while he was holding a hostage, the deceased’s mother, Carol Pethtel, brought this action against the State Police and several individual officers. Ms. Pethtel asserts that the officers employed unconstitutionally excessive force and seeks money damages pursuant to 42 U.S.C. § 1983 (2006) and state law. The district court gra... More...    $0 (01-03-2010 - WV)