West Virginia Employment Law
 

In re: Expungement of Record of N.S.


Huntington, West Virginia civil rights lawyer represented the Plaintiff seeking expungement of criminal records.



On August 8, 2002, the partially clad body of Deanna Louise Crawford, a twenty-one-year-old, was discovered by loggers in an abandoned barn-like structure located in a remote area of Hickory Ridge, Cabell County, West Virginia. Ms. Crawford's cause of death w... More...
   $0 (11-14-2024 - WV)

Michelle M. Daniels, et al. v. Mingo County Commission, et al.


Charleston, West Virginia personal injury lawyer represented the Plaintiffs on prisoner civil rights theories under 42 U.S.C. 1983.




This matter arises from an officer-involved shooting in Mingo County, West Virginia. Defendants Charlotte Lane, Renee Larrick, and William Raney (“WVPSC Defendants”) are all West Virginia Public Service Commissioners. (ECF No. 56 a... More...
   $0 (07-12-2024 - WV)

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)

United States of America v. Jerry D. Elkins

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)

United States of America v. Charles E. Littlejohn

Washington, DC: Criminal defense lawyer represented the Defendant charged with disclosing tax return information without authorization.

Charles Littlejohn, age 38, of Washington, DC was accused of breaking federal law and betrayed the public’s trust by stealing tax information and disclosing it publicly.

“The unauthorized theft and disclosure of tax return information by gove... More...
   $0 (10-12-2023 - wv)

Mary Durstein v. Tod Allexander, et al.

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)

United States of America v. Jerry D. Elkins

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).

From on or about April 2017 until on or about August 7, 2019, Jerry D. Elkins, age 54, of Daniville, West Virginia, assisted ... More...
   $0 (06-02-2023 - 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)

Jared M. v. Molly A.

Charleston, West Virginia - Divorce lawyer represented Petitioner with filing a petition to modify a parenting plan for his daughter.



Jared M. and Molly A. share a child, E.M., who was born in February 2012.
In September 2013, E.M. was diagnosed with a brain tumor, which was surgically
... More...    $0 (05-11-2022 - WV)

Sufian Da'mes v. Gada Da'mes

Charleston, WV - Divorce lawyer represented appellant in appealing increasing his child support and awarding attorney fees to mother.



The parties had three minor children when they divorced in June 2020. In February 2019,
before the divorce decree was entered, the court ordered father to pay $5... More...
   $0 (03-15-2022 - WV)

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.

When federal workforce programs are defrauded, it comes at great cost to taxpayers, said United States Attorney Mike Stuart. I appreciate the work of the U.S. Department of Transportation OIG and Office of Perso... More...
   $0 (10-24-2020 - WV)

United States ex rel. Inzeo v. Industries for the Blind, Inc., et al.

Milwaukee, Wisconsin - Wisconsin-Based Nonprofit To Pay $1.9 Million To Settle Allegations Of False Claims And Kickbacks On Federal Contracts For Blind Workers

Industries for the Blind and Visually Impaired Inc. (IBI) has agreed to pay the United States $1,938,684.09 to resolve allegations that IBI violated the False Claims Act and the Anti-Kickback Act in connection with certain federal ... More...
   $1938684 (10-01-2020 - WV)

John C. Scotchel vs. State Farm Mutual Automobile Insurance Company, et al.


Need help finding a lawyer for representation concerning appealing a summary judgment in West Virginia?

Call 918-582-6422. It's Free.




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

Need help finding a lawyer for representation concerning appealing a conviction for two counts of conspiracy to deliver heroin in West Virginia?

Call 918-582-6422. It's Free.



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.

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)

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

A Fayette County, West Virginia, business owner was sentenced to 15 months in prison for failing to pay over employment taxes.

According to documents and information provided to the court, from 2008 through 2012, Steve Lopez, 68, owned and operated Ready Transport Services (RTS)... More...
   $0 (03-15-2018 - WV)

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
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)

United States of America v. Kenneth Edward Campbell

CHARLESTON, W.Va. Charleston pill dealer pleads guilty in Federal court

A Charleston man caught smuggling oxycodone through the mail pleaded guilty today, announced Acting United States Attorney Carol Casto. Kenneth Edward Campbell, 48, entered his guilty plea in federal court to conspiracy to distribute oxycodone.

On August 23, 2013, the United States Postal Inspection Service... More...
   $0 (02-08-2016 - WV)

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.
This appeal arises from the Board of Reviews Final Order dated September 16, 2014, in which the Board reversed and vac... More...
   $0 (10-21-2015 - WV)

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.
This appeal arises from the Board of Reviews Final Order dated October 1, 2014, in which the Board reversed an April 1, 2014, Order of the Workers Compensation ... More...
   $0 (10-21-2015 - WV)

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.

I.

Wayne worked as a coal miner for over thirteen y... More...
   $0 (03-18-2014 - WV)

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)

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