Bluefield, West Virginia insurance law lawyers represented the Plaintiffs who sued on bad faith breach of an insurance contract theory.

West Virginia Insurance Bad Faith. Bad faith is a matter of contract and statutory law. Insurance bad faith claims fall under West Virginia Code § 33-11-4, unfair claims settlement practices. A claim may also be pursued under a common law breach of contr... More...    $0 (04-12-2024 - WV)

Wheeling, West Virginia insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

West Virginia, the law defines “insurance bad faithâ€� as any insurance company conduct that violates the state’s statute and results in damages to the policyholder. It can be any action that is not a general and sanctioned business practice. Any breach o... More...    $1 (01-23-2024 - WV)

Beckley, West Virginia consumer credit lawyer represented Plaintiff who sued Defendant on a Truth in Lending Act violation.


On April 21, 2020, the Plaintiff, Mikayla Gregory, filed a complaint against the Defendants in the Circuit Court of Raleigh County, West Virginia, alleging seven state law claims. On August 13, 2020, she filed an amended class action complaint, alleging five sta... More...    $0 (08-03-2023 - WV)

Charleston, West Virginia insurance law lawyer represented Plaintiff who sued Defendant on a bad faith breach of insurance contract theory.

This case was filed in the Circuit Court, Kanawha County, West Virginia, case number 18-C-261, and was removed to federal court by the Defendant.

§33-11-4a. Complaints by third-party claimants; elimination of private cause of action.
<... More...    $0 (04-03-2023 - wv)

Huntington, West Virginia criminal law lawyer represented Defendant charged with felony possession of a firearm.

On May 19, 2022, law enforcement officers responded to Tevor Dean Williams’ Huntington residence after a home alarm system alerted 911. Officer observed suspected drug paraphernalia including a blender containing a powder substance, needles and torn plastic bags as well as am... More...    $0 (10-24-2022 - WV)

Huntington, West Virginia criminal law lawyer represented Defendant charged with being a felon in possession of a firearm.

On May 2, 2022, law enforcement officers conducted a traffic stop of a vehicle driven by Hill near 13th Street and Ninth Avenue in Huntington. Officers searched the vehicle and found a loaded FN 509 9mm handgun in the passenger seat rear pocket. Melvin Theophilius Hil... More...    $0 (10-24-2022 - WV)

In 2015, the Environmental Protection Agency (EPA) promulgated the
Clean Power Plan rule, which addressed carbon dioxide emissions
from existing coal- and natural-gas-fired power plants. For authority,
the Agency cited Section 111 of the Clean Air Act, which, although
known as the New Source Performance Standards program, also au-
thorizes regulation of certain pollutants from ... More...    $0 (06-30-2022 - WV)

Clarksburg, West Virginia fraud charge criminal defense lawyer represented Phillip W. Conley, of Jacksonville, Florida.

Defendant, age 38, pleaded guilty to one count of “Securities Fraud.� Conley admitted to scheming approximately 18 individuals in excess of $5 million from 2014 to 2019. The victims were from all over the United States, including West Virginia and Maryland.

... More...    $0 (07-04-2021 - WV)

Charleston, West Virginia possession of child pornography charge criminal defense lawyer represented Defendant.

Gregory Weymes, 58, of Ridgeview, admitted that on February 23, 2021 he possessed child pornography on his cell phone. After receiving a cybertip through the National Center for Missing and Exploited Children, law enforcement investigators obtained a search warrant for Weymesâ€... More...    $0 (07-03-2021 - WV)

Plaintiffs-Appellants sued UTC Fire & Security Americas Corporation, Inc., and Honeywell International, Inc., under the Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227. Although Plaintiffs did not allege that UTC and Honeywell directly violated the TCPA, they claimed that both companies were vicariously liable for illegal calls made by telemarketers promoting UTC and Honeywell prod... More...    $0 (03-24-2018 - wV)

1. Under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., a caller responding to a classified advertisement is not making a “telephone solicitationâ€� in violation of the Act, provided the purpose of the call is to inquire about or offer to purchase the product or service advertised, rather than to encourage the advertiser to purchase, rent, or invest in property, goods or servi... More...    $0 (09-29-2011 - 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)

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)

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)

This matter is before the Court upon a September 29, 2009, order of the United States District Court for the Southern District of West Virginia, Huntington Division, which certified the four following questions:

1. “Does a tax preparer who receives compensation, either directly from the borrower or in the form of payments from the lending bank, for helping a b... More...    $0 (11-23-2010 - WV)

Two sellers of perishable agricultural commodities, Nickey
Gregory Company, LLC, and Poppell’s Produce Inc., commenced
this action under the Perishable Agricultural Commodities
Act, 1930 ("PACA"), 7 U.S.C. §§ 499a-499t, to
recover $106,696 owed them for the sale of produce to Robison
Farms, LLC., a bankrupt South Carolina produce distributor.
They named as defendant Agr... More...    $0 (03-05-2010 - WV)

Lespia King, a former deputy in the sheriff’s office for the
City of Roanoke, Virginia, sued Sheriff George McMillan in
his official capacity under Title VII for sexual harassment and
in his individual capacity under Virginia law for battery.
While King’s suit was pending, Octavia Johnson replaced
McMillan as sheriff, and the district court substituted Johnson
as the de... More...    $0 (02-03-2010 - WV)

This appeal centers on communications between the U.S. Department of Justice ("DOJ") and a telecommunications company, in which the company allegedly lobbied DOJ to take its side in litigation with a client of law firm Hunton and Williams, LLC ("Hunton"). The district court upheld DOJ’s decision to deny Hunton’s request under the Freedom of Information Act, 5 U.S.C. § 552 (2006), ("FOIA") for... More...    $0 (01-04-2010 - wv)

A reviewing court must defer to an arbitrator’s construction of a contract even when the court believes that the arbitrator construed the contract incorrectly. In this case, the district court vacated the arbitration award, concluding that the arbitrator exceeded his authority by adding a term to the underlying contract. We conclude, however, that even if the arbitrator erred, he acted within th... More...    $0 (11-20-2009 - WV)

This case is before the Court upon the June 30, 2008, Order of the Circuit Court of Marshall County, West Virginia, wherein the circuit court granted Partial Summary Judgment to the Appellees, Richard Blake, Jr., and John T. Parker and determined that the Appellant, State Farm Mutual Automobile Insurance Company (hereinafter sometimes referred to as “State Farmâ€�), was required to defend and in... More...    $0 (11-04-2009 - 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)

This class action securities fraud lawsuit arises out of improper accounting by Royal Ahold, N.V., a Dutch corporation, and U.S. Foodservice, Inc. ("USF"), a Maryland-based Ahold subsidiary. The misconduct of Ahold and USF is not disputed in this appeal; at issue is the liability of Ahold’s accountants, Deloitte & Touche LLP ("Deloitte U.S.") and Deloitte & Touche Accountants ("Deloitte Netherla... More...    $0 (01-05-2009 - WV)

Petitioners, River Riders, Inc. and Matthew Knott, seek a writ of prohibition to vacate three pre-trial orders of the Circuit Court of Jefferson County that (1) excluded from the forthcoming trial the Release and Assumption of Risk Agreements that had been signed by fourteen plaintiffs prior to embarking on a whitewater rafting expedition provided by the Petitioners; (2) ruled that the rafting in... More...    $0 (12-10-2008 - WV)

This case presents an issue of first impression — whether a party joined as a defendant to a counterclaim (the "additional counter-defendant") may remove the case to federal court solely because the counterclaim satisfies the jurisdictional requirements of the Class Action Fairness Act of 2005 ("CAFA"), Pub. L. 109-2, 119 Stat. 4 (codified in scattered sections of Title 28 of the United States C... More...    $0 (12-23-2008 - WV)

In the instant matter, Appellant Frank A. Savarese (hereinafter “Mr. Savareseâ€�) seeks reversal of the Circuit Court of Ohio County's October 11, 2006, Memorandum Opinion and Order dismissing, without prejudice, this first party bad faith action, pursuant to West Virginia Code § 56-1-1(c)(2003), for lack of subject matter jurisdiction. After thorough consideration of the arguments of the parti... More...    $0 (09-26-2008 - WV)

Misty Blessing appeals from the September 13, 2006, order of the Circuit Court of Kanawha County granting summary judgment to Appellee West Virginia Department of Transportation (the "Department") in connection with a wrongful death action Appellant filed against the Department and its employee, Appellee Byron Smith. In granting summary judgment to the Department and Mr. Smith, the trial court rul... More...    $0 (04-25-2008 - WV)

Charter claimed that there was a rational basis for its classifications or categorizations of its c... More...    $4097309 (03-03-2008 - WV)

... More...    $43000 (06-23-2007 - WV)

This case is before this Court upon appeal of a final order of the Circuit Court of Hampshire County entered November 19, 2004. (See footnote 1) In that order, the circuit court affirmed the Hampshire County Commission's refusal to remove the appellee and respondent below, Pamela K. Kimble, as the executrix of the estate of the testator, Ralph W. Haines. The appellant and petitioner below, ... More...    $0 (03-17-2006 - WV)

This case is a consolidation of several lawsuits filed by numerous plaintiffs who used Rezulin, an oral drug that was approved by the U.S. Food and Drug Administration ("FDA") in January 1997 to treat Type II (adult onset) diabetes. Rezulin is a trade name for the drug troglitazone. The defendants in the underlying action, and appellees and respondents before this Court, are Warner-Lambert Comp... More...    $0 (07-11-2003 - WV)

On November 16, 2001, City National received an assessment for B & O taxes from the City of Beckley for four taxable quarters covering the period from October 1, 1999, through September 30, 2000, in the aggregate amount of $281,550.82. The Bank timely filed a petition for reassessment with the City, protesting the tax assessment and penalties based on its contention that the funds subject to th... More...    $0 (03-14-2003 - WV)

The Hearing Panel bases its recommendation upon many of the same facts which provided the foundation for the removal proceeding in which Sims was removed by this Court from the elected office of prosecuting attorney for Logan County. Those facts were discussed in detail in Sims I, supra. The only facts that we need to enumerate in this opinion are those which we did not previously consider. After ... More...    $0 (11-04-2002 - WV)

2. "'A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.' Syllabus Point 3, Aetna Casualty ... More...    $0 (11-27-2002 - WV)