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West Virginia Fiduciary Duty Law
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Richard McNeemer v. Lt. Timothy Tibbs
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Charleston, West Virginia civil rights lawyer represented the Plaintiff on prisoner civil rights theory based on prison conditions.
Prison officials have a legal duty under the Eighth Amendment of the Constitution to refrain from using excessive force and to protect prisoners from assault by other prisoners. Officers may not use force maliciously or sadistically with in... More...
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(06-21-2024 - WV)
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Robin Lynn Bohon v. Walmart Stores East, LP, et al.
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Wheeling, West Virginia personal injury lawyers represented the Plaintiff who sued on a premises liability negligence theory.
West Virginia premises liability laws apply a uniform standard of care requiring the exercise of reasonable care. An owner has a continuing duty to inspect the property to identify dangerous conditions and either repair them or post warnings as appropriate.
... More...
$1
(04-13-2024 - WV)
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Gregory V. Putnam v. Walmart, Inc.
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Clarksburg, West Virginia personal injury slip and fall lawyer represented the Plaintiff who sued on a premises liability theory.
West Virginia premises liability laws apply a uniform standard of care requiring the exercise of reasonable care. An owner has a continuing duty to inspect the property to identify dangerous conditions and either repair them or post warnings as appropriate.
... More...
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(02-05-2024 - WV)
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Stephen Dobbs v. Travelers Property Casualty Company of America
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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 faith” 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...
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(01-23-2024 - WV)
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Sarah Massey v. Erie Insurance Property & Casualty Company
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Beckley, West Virginia insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.
This case was filed in the Raleigh County Circuit Court, 23-C-112, and was removed to federal court by the Defendant.
Insurance companies have a duty to treat insured fairly and act in good faith when handling West Virginia insurance claims. Whe... More...
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(01-31-2024 - WV)
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Richard D. Dillinger, e aux. v. Petroleum Fuel & Terminal Company, et al.
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Wheeling, West Virginia personal injury truck wreck lawyers represented the Plaintiffs who sued the Defendants on auto negligence theories.
This case was filed in the Circuit Courte of Brooke County, West Virginia, 21-C-74, and was removed to federal court by the Defendants.
West Virginia Auto Negligence Law:
Duty of Care:
In West Virginia, drivers have a duty o... More...
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(12-15-2023 - WV)
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Robert L. Davis v. Howard S. Hamrick and Walnut Ridge Trucking, Inc.
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Beckley, West Virginia personal injury truck wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence theoies.
This case was filed in the Greenbrier County Circuit Court, 22-C-132, and was removed federal court by the Defendants.
West Virginia Auto Negligence Law:
Duty of Care:
In West Virginia, drivers have a duty of care to operate ... More...
$1
(12-06-2023 - WV)
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Rebecca Harry v. Timothy Wilcoxson and Schneider National Carriers, Inc.
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Charleston, West Virginia personal injury truck wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence theories.
This case was filed in the Kanawha County Circuit Court, 22-C-66, and was removed to federal court by the Defendants.
West Virginia Auto Negligence Law:
Duty of Care:
In West Virginia, drivers have a duty of care to operat... More...
$1
(12-01-2023 - WV)
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Jane Doe v. Cabell Huntington Hospital, Inc.
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Huntington, West Virginia personal injury lawyer represented the Plaintiff who sued the Defendant on a premises liability negligence theory.
West Virginia Premises Liability Law: Keeping You Safe on Other People's Property
Premises liability law in West Virginia protects you from harm when you're injured on someone else's property due to their negligence. Let's delve into th... More...
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(12-08-2023 - WV)
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Freda J. Lee v. Wal-Mart Stores, Inc.
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Beckley, West Virginia personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liability negligence theory.
This case was filed in the Circuit Court of Greenbrier County, 22-C-122, and was removed to federal court by the Defendant.
West Virginia Premises Liability Law: Keeping You Safe on Other People's Property
Premises liabil... More...
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(12-05-2023 - WV)
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Terrance D. Petty, Jr. v. Howard S. Hamrick and Walnut Ridge Trucking, Inc.
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Beckley, West Virginia personal injury truck wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence theory.
This case was filed in the Greenbrier County Circuit Court, 22-C-134, and was removed to federal court by the Defendants.
An overview of West Virginia Auto Negligence Law:
Duty of Care:
In West Virginia, drivers have a duty of c... More...
$1
(12-06-2023 - WV)
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Michael Eden, et aux. v. Joseph Car Transport, LLC, et al.
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Bluefield, West Virginia personal injury truck wreck lawyers represented the Plaintiffs who sued the Defendants on auto negligence theories.
"An overview of West Virginia Auto Negligence Law:
Duty of Care:
In West Virginia, drivers have a duty of care to operate their vehicles safely and avoid causing harm to others. This means following traffic laws, driving at a reason... More...
$1
(12-27-2023 - WV)
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Jame E. Pittman v. Triple T Express, Inc. et al.
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Charleston, West Virginia personal injury truck wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence theories.
"West Virginia auto negligence law, like in most states, revolves around the concept of negligence - essentially, the failure to act with the reasonable care that a person in similar circumstances would exercise. In the context of car accidents, it r... More...
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(12-18-2023 - WV)
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Corene S. Carey v. Allied West Virginia Emergency Physicians, PLLC, et al.
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Huntington, West Virginia personal injury lawyers represented the Plaintiff who sued the Defendants on medical malpractice negligence theory.
"West Virginia medical malpractice law is based on the principle that doctors and other healthcare providers have a duty to provide their patients with reasonable care. If a healthcare provider breaches this duty and their actions cause harm to the ... More...
$1
(10-24-2023 - WV)
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Barbara Chevalier v. Mountaineer Casino, Racetrack & Resort
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Wheeling, West Virginia personal Injury lawyer represented Plaintiff who sued defendant on a premises liability negligence theory.
This case was filed in the Circuit Court of Hancock County, WV, 23-C-20, and was removed to federal court by the Defendant.
Plaintiff challenged the jurisdiction of the court and moved the Court to remand the case to the Circuit Court.
"West ... More...
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(04-13-2023 - WV)
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Sherry Lyn Jones v. Hardy Storage Company, LLC, et al.
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Elkins, West Virginia personal injury lawyer represented Plaintiff who sued defendants on a torts to land theory.
"West Virginia torts to land law is a complex area of law that governs the rights of landowners and those who enter their land. Under West Virginia law, landowners have a duty to exercise reasonable care to prevent harm to those who enter their land. This duty of care is based... More...
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(04-13-2023 - WV)
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William W. Tharp, et al. v. Evelyn M. Hardman, et al.
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Elkins, West Virginia personal injury lawyer represented Plaintiff's who sued Defendants on general negligence theories.
This case was filed in the Circuit Court, Hardy County, West Virginia, 20-C-29, and was removed to federal court by Defendants.
The elements of a personal injury case are: (1) a duty of due care, (2) failure to exercise due care, (3) injuries and/or damages suf... More...
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(04-03-2023 - WV)
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Patrick Dotson v. Wal-Mar Stores East, L.P.
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Huntington, West Virginia personal injury lawyer represented Plaintiff, who sued Defendant on a negligence theory claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident in one of Defendant's stores.
MoreLaw Legal News ... More...
$1
(12-20-2022 - WV)
Melissa Figueroa v. Transport Sylvester & Forget, Inc.
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Martinsburg, West Virginia personal injury truck wreck lawyer represented Plaintiffs who sued Defendants on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of the failure to exercise due care in the operation of a motor vehicle.
In the typical personal injury case, a plaintiff must present evidence of a breach of a duty, ... More...
$1
(11-04-2022 - WV)
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Vanessa H. Taylor and Joseph A. Savage v. Alisher Mansurov, Sethmar Transportaton, Inc., et al.
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Charleston, West Virginia personal injury truck wreck lawyers represented Plaintiffs, who sued Defendants on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of a motor vehicle accident caused by Defendants' employee as a result of the failure of the driver to exercise due care.
In the typical personal injury case, a plaint... More...
$1
(11-03-2022 - WV)
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United States of America v. Trevor Dean Williams
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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...
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(10-24-2022 - WV)
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United States of America v. Melvin Theophilius Hill
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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...
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(10-24-2022 - WV)
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State of West Virginia v. Kyle Lewis Taylor
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Charleston, West Virginia - Criminal Defense lawyer represented defendant with appealing two counts of sexual assault charges.
During an October 31, 2018, Halloween party at the residence of M.S.,1 then a twenty-oneyear-old college student and the victim in this case, M.S. became intoxicated and... More...
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(05-11-2022 - WV)
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Donna S. v. Travis S.
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Charleston, West Virginia - Divorce lawyer represented Petitioner with appealing a Mediated Settlement Agreement with Respondent .
The parties to this action were married on August 19, 2000, and two children
were born of the marriage. On February 15, 2019, Petitioner filed for divorce in Mer... More...
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(05-11-2022 - WV)
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State of West Virginia vs. Juan Xavier Chic
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Charleston, WV - Criminal defense attorney represented Juan Xavier Chic with first-degree murder , use or presentment of a firearm during the commission of a felony and prohibited person in possession of a concealed firearm charges.
Andre Leonard was gunned down in his uncle’s driveway on August 15, 2018. In the days
fol... More...
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(07-03-2021 - WV)
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State of West Virginia vs. Richard S.
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- 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...
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(05-19-2021 - WV)
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United States of America v. Taylon Batista Garcia and Yankier Gaston Garcia
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Elkins, West Virginia criminal defense lawyer represented Defendant charged with conspiracy to defraud the United States.
Taylon Batista Garcia and Yankier Gaston Garcia, of Florida, were each charged for their involvement in the theft of campers from a business in Elkins, West Virginia.
Taylon, 35, was sentenced today to 20 months of incarceration. He pleaded guilty in March 202... More...
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(05-14-2021 - WV)
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State of West Virginia vs. William A. Cox, II
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Charleston, WV - Criminal defense attorney represented William A. Cox II with a appealing the February 21, 2020, order of the Circuit Court of Monongalia County finding petitioner guilty of obstructing an officer, assault on a law enforcement officer, and public intoxication following a bench trial.
On January 5, 2019, petit... More...
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(02-08-2021 - WV)
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State of West Virginia vs. Phillip J. Wilson, Jr.
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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...
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(02-08-2021 - WV)
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United States of America v. Elizabeth Jo Shirlely
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Martinsburg, West Virginia international kidnapping charge criminal defense lawyer represented Defendant, Elizabeth Jo Shirley, who was charged with unlawfully retaining documents containing national defense information and international parental kidnapping.
Shirley, 47, pleaded guilty to one count of willful retention of national defense information and one count of international parent... More...
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(01-26-2021 - WV)
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United States ex rel. Inzeo v. Industries for the Blind, Inc., et al.
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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
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)
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United States of America v. Michael Shramowiat, M.D.
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Charleston, WV - The United States of America charged United States of America v. Michael Shramowiat, M.D., with omitting material information as required as part of his controlled substance reporting requirements to the U.S. Drug Enforcement Administ... More...
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(07-28-2020 - wv)
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State of West Virginia vs. Richard F
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Need help finding a lawyer for representation concerning appealing a conviction for sexual abuse by a parent, guardian, or custodian under in West Virginia?
Call 918-582-6422. It's Free.
The Court has considered the parties briefs and the record on appeal. The facts and legal arguments are adequately pres... More...
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(02-03-2020 - WV)
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Lance R. Belville v. Ford Motor Company
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A group of individuals and corporations sued Ford Motor Company for an alleged defect in their purchased or leased Ford vehicles manufactured between 2002 and 2010. The district court dismissed various claims of certain Plaintiffs, excluded the opinion... More...
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(03-25-2019 - WV)
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State of West Virginia v. Michael S. Sites
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The relevant facts of this case began on September 12, 2013. On that day,
Petitioner drove from his home in Grant County, West Virginia, to a pharmacy in
Winchester, Virginia... More...
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(02-21-2019 - WV)
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State of West Virginia v. Michael S. Sites
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Sooner Cannabis Consultants
Click Here For... More...
$0
(02-09-2019 - WV)
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United States of America v. Johnny Sylvester Edgell
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After negotiating a plea agreement with the government, Johnny Sylvester Edgell pleaded guilty to one count of possessing a firearm as an unlawful drug user and one count of distributing methamphetamine. In exchange for that plea, the government agreed to a stipulation limiting Edgells... More...
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(01-27-2019 - WV)
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Kimmy McNair and Larry McNair v. Johnson & Johnson, Janssen Pharmaceuticals, Inc. and Ortho-McNeil Pharmaceutical, Inc.
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This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou... More...
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(05-11-2018 - WV)
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United States of America v. Misty Dawn Baisden
Southern District of West Virginia Federal Courthouse - Charleston, West Virginia
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Charleston, WV - Mingo County woman sentenced to federal prison for conspiracy to engage in sex trafficking of a minor
A Mingo County woman was sentenced February 13, 2018 to six years in federal prison, to be followed by 20 years of supervised release, for a sex trafficking crime involving a minor. Misty Dawn Baisden, 40, of Delbarton, previously pled guilty to conspiracy to engage in se... More...
$0
(02-14-2018 - WV)
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Carol Sue Campbell; Chris Rene Wilson, et al. v. Boston Scientific Corporation
Southern District of West Virginia Federal Courthouse - Charleston, West Virginia
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This case involves a consolidated trial of four products liability cases that are each part of a multidistrict litigation encompassing over twenty-five thousand total cases. The jury returned verdicts for the plaintiffs, awarding over $4 million to each. Defendant Boston Scientific Corporation asserts that the consolidation itself rendered the trial unfair, disputes two evidentiary rulings, claims... More...
$0
(02-14-2018 - WV)
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