West Virginia Discrimination Law
 

Priscilla Felton v. CSX Transportation, Inc.


Berckley, West Virginia civil rights lawyers represented the Plaintiff who sued on an employment discrimination theory.



Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origi... More...
   $0 (06-13-2024 - WV)

mark A. Brooks v. Fast Change Lube & Oil, Inc.

Charleston, West Virginia employment law lawyer represented Plaintiff, who sued Defendant on a Family and Medical Leave Act violation theory.

This case was filed in the Circuit Court of Logan County, 21-C-143, and was removed to federal court by Defendant.


Plaintiff Mark A. Brooks (“Plaintiff”) filed this action, alleging that his employment was unlawfully terminated aft... More...
   $0 (05-31-2022 - WV)

State of West Virginia vs. Richard S.

- Criminal defense attorney represented Richard S., by counsel Matthew A. Victor with the violation of a domestic violence protective (“DVP”) order.



Petitioner Richard S., by counsel Matthew A. Victor, appeals the Circuit Court of Kanawha
County’s March 13, 2020, sentencing order.
1 Respondent the State of West V... More...
   $0 (05-19-2021 - WV)

Gregory Adkins v. Maxum Petroleum Operating Company

Huntington, West Virginia civil rights lawyer represented Plaintiff, Gregory Adkins, who sued Maxum Petroleum Operating Company on an employment discrimination theory.... More...    $0 (03-16-2021 - WV)

Trista Muncy v. Williamson Treatment Center, LLC

Charleston, WV - Job discrimination lawyer represented Trista Muncy who sued Williamson Treatment Center, LLC on a civil rights employment discrimination theory.

This case was filed in the Mingo County Circuit Court, 18-C-96, and was removed to federal court by the defendant.
... More...
   $0 (11-03-2019 - WV)

Camden-Clark Memorial Hospital Corporation v. Tuan Nguyen, M.D.

Supreme Court of Appeals - Charleston, West Virginia

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)

Jessica Hudson v. Sam Sommerville, Ron Stoner and Norm Cannada

Jessica Hudson sued Sam Sommerville, Ron Stoner and Norm Cannada on a sexual discrimination theory claiming that the defendants offered her a job and their withdrew the offer when they learned that she was a lesbian. She had applied for the executive directors position at the Bob Burdette Center.

The evidence during the trial revealed that Defendants learned of Plaintiff's sexual orientat... More...
   $0 (11-17-2012 - WV)

James D. MacDonald v. City Hospital, Inc.

Once again, this Court is asked to consider the constitutionality, vel non, of W. Va. Code § 55-7B-8 which places a limit or “cap” 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)

State of West Virginia ex rel Darrell V. McGraw, Jr. v. CVS Pharmacy

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)

Danny L. Frye v. Superior Highwall Miners and Terex Corporation

Danny L. Frye, age 63, sued Superior Highwall Miners and Terex Corporation on an age discrimination theory claiming that he was fired from his human resources manager job because of his age after the merger of Superior Highwall Miners, Inc. and Terex Corp.

The defenses asserted by defendants are not available.
... More...
   $1800000 (11-21-2008 - WV)

Theresa D. Messer v. Huntington Anesthesia Group, Inc., et al.

This case is before us on appeal for a second time. In the first appeal (hereinafter “Messer I”), (See footnote 1) we reversed the dismissal by the lower court of Theresa D. Messer's discrimination suit based on handicap. Ms. Messer (hereinafter “Appellant”) now appeals from the January 11, 2007, order of the Circuit Court of Cabell County granting summary judgment to the defendants ... More...    $0 (06-26-2008 - WV)

Allison J. Riggs and Jack E. Riggs, M.D. v. West Virginia University Hospitals, Inc.

I concur in the majority opinion's determination that the doctrine of judicial estoppel precluded the Appellants from changing their theory of liability after the jury returned its verdict. I have chosen to write separately to discuss the issue of whether or not the cause of action filed against WVUH could have been brought outside the MPLA, (See footnote 1) and to respond to the flawed arg... More...    $0 (01-14-2008 - WV)

John Doe v. Wal-Mart Stores, Inc.

John Doe sued Wal-Mart Stores, Inc. on an age discrimination theory.... More...    $1 (08-16-2007 - WV)

Eric Jason Brooks v. Galen of West Virginia, Inc. d/b/a Greenbrier Valley Medical Center et al.

This is an appeal by Eric Jason Brooks (hereinafter "Appellant") from a jury verdict in the Circuit Court of Greenbrier County in favor of Galen of West Virginia, d/b/a Greenbrier Valley Medical Center (hereinafter "GVMC" or "Appellee"). The Appellant contends that the lower court erred by taking judicial notice of a Social Security disability hearing which found the Appellant disabled due to a... More...    $0 (04-20-2007 - WV)

Carol Gallant and Jim Whipple v. County Commission of Jefferson County, West Virginia

This is an appeal by Carol Gallant and Jim Whipple (hereinafter "Appellants") from an order of the Circuit Court of Jefferson County dissolving a temporary injunction which had previously issued prohibiting the demolition of the Jefferson County Jail and dismissing their case with prejudice. Upon thorough evaluation of the record and the arguments of counsel, we reverse the decision of the lower c... More...    $0 (12-02-2002 - WV)

Curtis M. Adkins, et al. v. Labor Ready, Inc., et al.

Curtis Adkins filed suit against Labor Ready, Inc. and Labor Ready Mid-Atlantic, Inc. (collectively "Labor Ready") alleging violations of federal and state labor laws. Labor Ready responded with a motion to compel arbitration based on an arbitration agreement signed by Adkins. The district court granted the motion, Adkins v. Labor Ready, Inc., 185 F. Supp. 2d 628 (S.D.W. Va. 2001), and dismis... More...    $0 (09-03-2002 - WV)

Leonard Kessell v. South Charleston Stamping & Manufacturing Company

Plaintiff Leonard Kessell was a manufacturing associate for South Charleston Stamping & Manufacturing Company, an automotive stamping plant that converts sheets of metal into auto body parts. On March 5, 1993, Kessell injured his hand at work when he fell and hit his hand on a piece of equipment. Over the next year, Kessell re- injured his hand several times. As a result of these injuries, Ke... More...    $55477 (06-06-2002 - WV)

Shroyer v. Harrison County Board of Education

This case is before this Court upon appeal of a final order of the Circuit Court of Kanawha County entered on December 27, 2000. In that order, the circuit court affirmed a decision of the West Virginia Education and State Employees Grievance Board (hereinafter “Grievance Board”) denying a grievance filed by the appellant and petitioner below, Sue Ann Shroyer. In this appeal, Shroyer, ... More...    $0 (04-11-2002 - WV)

Robert C. Hensley v. Alcon Laboratories, Inc.

On the motion of Alcon Laboratories, Inc. to enforce a settlement agreement allegedly reached with Robert Hensley in connection with his wrongful-employment-termination suit against Alcon, the district court directed the parties to consummate the settlement agreement by a specified date on the threat of dismissing the wrongful-termination suit with prejudice. When Hensley refused to sign the ... More...    $0 (01-22-2002 - WV)

Adams v. Moore Business Forms, Inc.

In connection with its closing of a manufacturing plant in Buckhan- non, West Virginia, Moore Business Forms, Inc. offered employees who were to lose their jobs a severance and benefits package in exchange for releases of claims that they might have in connection with their employment or the plant's closing. After signing the releases and receiving cash benefits ranging from approximately ... More...    $0 (08-24-2000 - WV)

Molly K. Wolfe v. Wal-Mart Corporation

Molly Wolfe filed suit against Wal-Mart and Frank Lacaria in the Circuit Court of Monongalia County alleging discrimination against her in violation of the West Virginia Human Rights Act. As the request of Wal-Mart's counsel, plaintiff's counsel agreed to drop Mr. Lacaria as a defendant. Shortly after the dismissal, Wal-Mart removed the case to federal court based upon diversity of citizenship.... More...    $0 (03-19-2001 - WV)

Dolores E. Burkett v. United States Postal Service

Plaintiff brought suit against the United States Postal Service for employment discrimination based on her disability.... More...    $0 (01-20-1999 - WV)

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