Lynchburg, Virginia civil litigation lawyers represented defendant accused of violating the Animal Welfare Act.

In a consent decree entered on July 15 by the U.S. District Court for the Western District of Virginia, Envigo RMS, a company that breeds and sells animals for research, has agreed to a permanent prohibition on engaging in any activity at its facility in Cumberland, Virginia, th... More...    $0 (07-18-2022 - WV)

Respondent Dr. Tuan Nguyen (“Physician”) filed a third-party complaint
against Petitioner Camden-Clark Memorial Hospital Corporation (the “Hospital”) and
alleged it discriminated and retaliated against him for reporting patient safety concerns;
he alleged violations of the West Virginia Patient Safety Act (the “Act”),1 retaliatory
discharge, and intentional infliction of emotional ... More...    $0 (11-13-2017 - 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)

This appeal arises from the Circuit Court of Greenbrier County, wherein the circuit court denied petitioner’s petition for appeal of the Greenbrier County Family Court’s order granting, in part, and denying, in part, her petition to modify parenting plan. The appeal was timely perfected by counsel, Timothy R. Ruckman, with petitioner’s appendix accompanying the petition. The respondent has f... More...    $0 (03-19-2012 - wv)

In the three cases now before the Court, we are asked to examine two areas of the law which – surprisingly – we have never directly and comprehensively addressed. The first area of the law we consider involves Section 2 of the Federal Arbitration Act (“the FAAâ€�).1 We are asked to consider its preemptive effect on West Virginia’s nursing home laws. These cases involve arbitration clauses ... More...    $0 (06-29-2011 - 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)

This appeal arises from the denial of a permanent injunction to stop the building of townhouses as well as a grant of summary judgment in favor of the appellees, Orchard Development Company, LLC (hereinafter referred to as “Orchardâ€�) and Peteler, LLC (hereinafter referred to as “Petelerâ€�), and against the appellant Jason Foster, regarding the applicability and meaning of certain restricti... More...    $0 (11-23-2010 - WV)

The appellant, Donna F. Wilson, (See footnote 1) ex-wife of appellee, Leon Hunter Wilson, appeals the June 4, 2009, order of the Circuit Court of Berkeley County. In that order, the circuit court denied Ms. Wilson's motion for reconsideration (See footnote 2) of the court's March 25, 2009, order which reversed the November 21, 2008, final divorce order of the Berkeley County Family Court and rem... More...    $0 (11-23-2010 - 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)

Rakesh Wahi, M.D., appeals the district court’s judgment dismissing his numerous state and federal claims brought against Charleston Area Medical Center, Inc. ("CAMC") regarding the suspension of his medical privileges. The district court concluded most of Wahi’s claims were barred because CAMC qualified for immunity from suit under the Health Care Quality Improvement Act ("HCQIA" or "the Act"... More...    $0 (04-10-2009 - WV)

Roscoe Pound offered the following pertinent comments as to a judge's responsibility when setting forth an opinion:

The opinions of the judge of a highest court of a state are no place for intemperate denunciation of the judge's colleagues, violent invective, attributings of bad motives to the majority of the court, and insinuations of incompetence, negligence, prejudice, or obtuse... More...    $0 (09-24-2008 - WV)

This is an appeal by Shannon R. (See footnote 1) (hereinafter "Appellant") from a final order of the Circuit Court of Hampshire County terminating her parental rights to her three children, Britney, Destiny, and Desarae M. (See footnote 2) The Appellant appeals that termination order to this Court, alleging that the lower court committed several reversible errors. Upon thorough evaluati... More...    $0 (12-18-2003 - WV)

In this adoption case we are asked to determine whether the Circuit Court of Fayette County, in a final order dated December 11, 1997, erred in its holding that the biological father of a child did not abandon the child. The appellants, the individuals who have cared for the child since her birth and who are seeking to adopt her, allege that the appellee, the child's father, has failed to prov... More...    $0 (12-14-1998 - WV)

Lower Donnally Association (hereinafter "Appellant") appeals the December 6, 2001, order of the Circuit Court of Kanawha County by which Appellant's petition for a writ of certiorari to review certain planning and zoning actions taken by the Charleston Municipal Planning Commission (hereinafter "Appellee") was dismissed. The underlying controversy in this case concerns the construction of an apart... More...    $0 (12-02-2002 - WV)