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Charleston, West Virginia criminal defense lawyer represented the Defendant charged withfraudulently obtaining $94,197.93 of federal abandoned mine land (AML) remediation sub-grant funds while employed by the West Virginia Department of Environmental Protection (DEP). Elkins also set up a shell limited liability company to receive a portion of the sub-grant award funds and created fraudulent invoi... More... $0 (12-01-2023 - WV) |
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Washington, DC: Criminal defense lawyer represented the Defendant charged with disclosing tax return information without authorization. |
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Huntington, West Virginia civil rights lawyers represented Plaintiff who sued Defendants claiming they violated her First Amendment rights. |
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Charleston, West Virginia criminal defense lawyer represented Defendant charged with raudulently obtaining $94,197.93 of federal abandoned mine land (AML) remediation sub-grant funds while employed by the West Virginia Department of Environmental Protection (DEP). |
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Charleston, West Virginia employment law lawyer represented Plaintiff, who sued Defendant on a Family and Medical Leave Act violation theory. |
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State of West Virginia vs. Drexel M. |
- Criminal defense attorney represented Drexel M with six counts of first-degree sexual abuse and six counts of sexual abuse by a guardian or custodian charges.Petitioner was initially indicted by a Nicholas County grand jury in May of 2002, and he was charged with one count of first-degree sexual assault of J.B., one c... More... $0 (07-02-2021 - WV) |
Ryan L. Meadows vs. United Coal Company, LLC |
Charleston, WV - Workman's Compensation attorney represented Ryan L. Meadows with appealing the decision of the West Virginia Workers’ Compensation Board of Review charge.The issue on appeal is compensability. The claims administrator rejected the claim on August 21, 2018. The Workers’ Compensation Office of Judges (... More... $0 (07-02-2021 - 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) |
State of West Virginia vs. Phillip J. Wilson, Jr. |
Charleston, WV - Criminal defense attorney represented Phillip J. Wilson, Jr with appealing the September 17, 2019, order of the Circuit Court of Wood County denying his motion for correction of sentence.In 2017, petitioner was indicted in the Circuit Court of Wood County on three counts of second-degree sexual assault a... More... $0 (02-08-2021 - WV) |
United States of America v. Edward Stephen |
Charleston, West Virginia health care fraud criminal defense lawyer represented Edward Stephen, age 61, who was charged by the United States of America with health care fraud. |
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Milwaukee, Wisconsin - Wisconsin-Based Nonprofit To Pay $1.9 Million To Settle Allegations Of False Claims And Kickbacks On Federal Contracts For Blind Workers |
John C. Scotchel vs. State Farm Mutual Automobile Insurance Company, et al. |
Petitioner John C. Scotchel Jr., pro se, appeals the Circuit Court of Marion Countys October 19, 2018, order denying his motion to alter or amend its order granting su... More... $0 (02-03-2020 - WV) |
State of West Virginia vs. Michael Buracker |
This Court has considered the parties briefs and the record on appeal. The facts and legal arguments are adequately presented, and the ... More... $0 (02-01-2020 - 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. |
Janet Hodgin v. UTC Fire & Security Americas, Corporation, Inc.; Honeywell International Incorporated
Northern District of West Virginia Federal Courthouse - Clarksburg, West Virginia |
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) |
United States of America v. Steve Lopez
Southern District of West Virginia Federal Courthouse - Charleston, West Virginia |
Charleston, WV - West Virginia Business Owner Sentenced to Prison for Failing to Pay Employment Taxes |
John F. Kay, Jr. v. McGuireWoods, L.L.P.
Supreme Court of Appeals - Charleston, West Virginia |
The petitioners, former shareholders of Kay Company (Kay Co.) and Kay Co, LLC (Kay LLC),1 appeal from two orders2 entered by the Circuit Court of Kanawha County through which summary judgment was granted to the respondent McGuireWoods, LLP (McGuireWoods or MW) in connection with claims the petitioners filed against McGuireWoods, their former legal counsel.3 As grounds for their appeal, the... More... $0 (11-09-2017 - WV) |
Robert Matheny v. Gregory Scolapio
Supreme Court of Appeals - Charleston, West Virginia |
The petitioner herein and plaintiff below, Robert Matheny,1 Sheriff of Harrison County (Sheriff Matheny or the Sheriff), appeals from an order entered August 9, 2016, by the Circuit Court of Harrison County. By that order, the circuit court granted mandamus relief to the respondent herein and defendant below, Lieutenant Gregory Scolapio (Lieutenant Scolapio), finding that he was entitled to ... More... $0 (11-09-2017 - 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 |
United States of America v. Kenneth Edward Campbell |
CHARLESTON, W.Va. Charleston pill dealer pleads guilty in Federal court |
Laverne Harper v. WVOIC and Perry & Hylton, Inc |
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 Reviews Final Order dated April 16, 2014, in which the Board reversed an October ... More... $0 (10-21-2015 - WV) |
Randall Ford v. Consolidation Coal Company / Morgantown Operations |
Petitioner Randall Ford, by Robert L. Stultz, his attorney, appeals the decision of the West Virginia Workers Compensation Board of Review. Consolidation Coal Company/ Morgantown Operations, by Gary W. Nickerson and James W. Heslep, its attorneys, filed a timely response. |
Hope L. Gresham v. West Virginia State Bar |
Petitioner Hope L. Gresham, by J. Robert Weaver, her attorney, appeals the decision of the West Virginia Workers Compensation Board of Review. West Virginia State Bar, by Timothy E. Huffman, its attorney, filed a timely response. |
David M. Wasanyi v. Rite Aid Corporation |
Petitioner David M. Wasanyi, by counsel Sherman L. Lambert Sr., appeals the Circuit Court of Berkeley Countys July 28, 2014, order granting respondents motion for summary judgment and dismissing his counterclaim. Respondent Rite Aid Corporation, by counsel Daniel T. Booth, filed a response. On appeal, petitioner alleges that the circuit court erred in finding there were no material facts in disp... More... $0 (10-20-2015 - WV) |
United States of America v. Michael L. White |
Appellant Michael L. White was charged with crimes related to the intentional burning of a two-unit duplex that he owned and managed and to his recovery of insurance proceeds from the fire. Following a jury trial, White was convicted of conspiracy to commit arson and mail fraud, see 18 U.S.C. §§ 371, 844(i), 1341 (Count 1); aiding and abetting arson, see 18 U.S.C. §§ 2(a), 844(i) (Count 2); an... More... $0 (11-17-2014 - WV) |
Lemarco, Inc. v. Nancy Helton |
A coal company and its insurer (collectively “Lemarco”) petition this court for review of an award of black-lung benefits to Nancy Helton, the widow of former miner Wayne Helton. Discerning no legal error and finding that substantial evidence supports the Administrative Law Judge’s (“ALJ”) conclusion, we deny the petition. |
Roger Hoschar v. Appalachian Power Company |
Appellants, Roger and Judy Hoschar (collectively “Appellants”), filed this civil action in the Circuit Court of Mason County, West Virginia, against Appellee, Appalachian Power Company (“APCO”), and Defendant, Industrial Contractors, Inc. (“ICI”), seeking damages for an infectious lung disease called histoplasmosis that Roger Hoschar (“Mr. Hoschar”) allegedly contracted while worki... More... $0 (01-07-2014 - WV) |
Mary L. Fox v. Elk Run Coal Company |
Appellant Mary Fox contends that Elk Run Coal Company committed fraud on the court and thereby deprived her husband, coal miner Gary Fox, of nearly a decade of benefits under the Black Lung Benefits Act (“BLBA”). The Benefits Review Board (“BRB”) found that Elk Run’s conduct was not sufficiently egregious to meet the high bar for a claim of fraud on the court because it did not amount to... More... $0 (01-06-2014 - WV) |
City of Saint Albans v. David A. Botkins |
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 “Appellants”) — 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) |
Norfolk Southern Railway Company v. James W. Higginbotham |
This case is before the Court upon the appeal of the defendants below Norfolk Southern Railway Company, Norfolk Southern Corporation, James D. Farley, and Charles Paxton (hereinafter “petitioners”). In this malicious prosecution case, the petitioners appeal from the March 24, 2010, final order of the Circuit Court of Mason County, in which the circuit court denied their post-trial motions for ... More... $0 (11-23-2011 - WV) |
Kim Wolfe v. Nathaniel Adkins |
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) |
Jonathan Darby v. Kanawha County Board of Education |
Jonathan Darby, the petitioner, appeals the April 20, 2010 order of the Circuit Court of Kanawha County that reversed the April 9, 2009 decision of the hearing examiner of the West Virginia Public Employees Grievance Board and upheld Mr. Darby’s employment termination with respondent Kanawha County Board of Education. After careful consideration of the pleadings and the record in this case, this... More... $0 (06-14-2011 - WV) |
Carrol Eugene Humphries v. Paul S. Detch |
This matter is before the Court upon an appeal taken by the Appellant Carroll Eugene Humphries from an Order entered December 18, 2009, by the Circuit Court of Putnam County, West Virginia, granting the Appellee Paul S. Detch’s motion to dismiss pursuant to West Virginia Rule of Civil Procedure 12(b)(6). The Appellant argues that the circuit court erred: 1) in dismissing the action by determinin... More... $0 (06-22-2011 - WV) |
Clayton Brown v. Genesis Healthcare Corporation |
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 FAA”).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) |
Corporation of Harper's Ferry v. Ralph Taylor |
The corporation of Harpers Ferry, appellant/defendant below (hereinafter “the City” or City Council”) appeals from an order of the Circuit Court of Jefferson County denying its motion to alter or amend a judgment. The circuit court’s order denied the City’s request to alter or amend a prior order awarding Ralph Taylor, appellee/plaintiff below (hereinafter “Mr. Taylor”), attorney’s... More... $0 (05-26-2011 - WV) |