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)

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)

Wheeling, West Virginia criminal defense lawyer represented Defendant charged with fraudulently obtaining loans made available during the COVID-19 pandemic.

Dalton Haas, also known as Dalton Nassar, 27, pled guilty to wire fraud in February 2023. Haas admitted to making false statements about the gross revenues, the cost of goods sold, and the number of employees for the Lebanese Restau... More...    $0 (05-24-2023 - 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)

Charleston, West Virginia criminal lawyer represented Defendant charged with wire fraud.

William T. Hurst, age 43, of Morehead, Kentucky, falsely agreed to build pole barns for a pair of residents in Putnam and Jackson counties in March 2021. Hurst received checks as down payments totaling $10,186. Hurst admitted that he cashed or deposited the checks at area banks for his personal use, w... More...    $0 (08-23-2022 - WV)

Huntington, West Virginia civil litigation lawyer represented Plaintiffs, who sued Whitaker Square Condominium Association, Inc. on a Fair Housing Act (42 U.S.C. 3604) violation theory. ... More...    $1 (04-23-2021 - wv)

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...    $0 (05-11-2018 - 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)

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)

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)

This appeal concerns a dispute between the West Virginia State Lottery, the
Lottery Commission, the Lottery Director,1 (collectively, the State Lottery) and certain
entities (Permit Holders) who were issued permits to operate limited video lottery game
terminals (LVL terminals). The dispute arose after the State Lottery instructed the Permit
Holders that they would be required to u... More...    $0 (11-14-2017 - WV)

This appeal concerns an oil and gas lease (the “Lease”) between Defendants-Appellants Equitrans, L.P., and EQT Production Co. (collectively, “EQT”),1 as lessees, and PlaintiffAppellee K & D Holdings, L.L.C. (“K & D”), as lessor. The district court concluded that the Lease was divisible into two separate segments--one for production and exploration, and one for gas storage and protection of gas st... More...    $0 (01-03-2016 - WV)

Alexander purchased a home for his elderly father in Murrells Inlet, South Carolina. After his father was released from a second hospitalization, he did not return to the house. Alexander neglected to pay the regime fees on the home and subsequently the homeowners' association's attorney informed him that a lien had been placed against the house.
The homeowners' association initiated a forec... More...    $0 (11-06-2015 - WV)

The West Virginia School Service Personnel Association sued Garnett Louise Godbey, age 87, claiming that she stole association material and postage to mail a letter to association members. She counterclaimed denying wrongdoing and claiming that she was defamed by Ben Brown and Jackee Long acting on behalf of the Association. Godbey claimed that she was humiliated by what was said about her by Bro... More...    $22500 (06-16-2012 - 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)

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)

In this case, police officers executed a late-night, no-knock entry into a family’s home. Though the officers claim that exigent circumstances justified their conduct, we agree with the district court that the remarkably scanty rationale offered for the no-knock invasion makes an award of qualified immu- nity inappropriate. With respect to the denial of qualified immunity on plaintiffs’ other ... More...    $0 (01-14-2011 - WV)

This appeal arises from the denial of a permanent injunction to stop the building of townhouses as well as a grant of summary judgment in favor of the appellees, Orchard Development Company, LLC (hereinafter referred to as “Orchardâ€�) and Peteler, LLC (hereinafter referred to as “Petelerâ€�), and against the appellant Jason Foster, regarding the applicability and meaning of certain restricti... More...    $0 (11-23-2010 - WV)

The appellant, Donna F. Wilson, (See footnote 1) ex-wife of appellee, Leon Hunter Wilson, appeals the June 4, 2009, order of the Circuit Court of Berkeley County. In that order, the circuit court denied Ms. Wilson's motion for reconsideration (See footnote 2) of the court's March 25, 2009, order which reversed the November 21, 2008, final divorce order of the Berkeley County Family Court and rem... More...    $0 (11-23-2010 - WV)

This action is before this Court upon the appeal of James E. Beichler from the March 4, 2009, order of the Circuit Court of Kanawha County dismissing his complaint in a wage payment and collection matter. The complaint sought unpaid wages and liquidated damages for certain teaching services allegedly performed by Beichler during his employment with the appellee, West Virginia University at Parker... More...    $0 (09-16-2010 - WV)

1. "Article V, section 1 of the Constitution of West Virginia which prohibits any one department of our state government from exercising the powers of the others, is not merely a suggestion; it is part of the fundamental law of our State and, as such, it must be strictly construed and closely followed." Syl. Pt. 1, State ex rel. Barker v. Manchin, 167 W. Va. 155, 279 S.E.2d 622 (1981).

2.... More...    $0 (03-11-2003 - 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 case is before the Court upon the appeal of an Order denying the Appellant's, Charles Crihfield's, Renewed Motion for Summary Judgment entered by the Circuit Court of Kanawha County, West Virginia, on April 15, 2008. In the Order, the circuit court directed that the parties “within thirty (30) days of entry of this Order, mutually agree on an arbitrator to hear the dispute in question[,]â€�... More...    $0 (11-04-2009 - WV)

In this case the Supreme Court of Appeals of WestVirginia reversed a trial court judgment, which had entered a jury verdict of $50 million. Five justices heard thecase, and the vote to reverse was 3 to 2. The questionpresented is whether the Due Process Clause of the Fourteenth Amendment was violated when one of the justices in the majority denied a recusal motion. The basis for the motion was tha... More...    $0 (06-08-2009 - 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)

Plaintiff, the West Virginia Association of Club Owners and Fraternal Services, Inc., brought this suit on behalf of its members which include certain clubs, restaurants, convenience stores, and fraternal organizations with alcohol licenses who are also state-licensed limited video lottery retailers. Plaintiff sought invalidation of West Virginia’s restrictions on limited video lottery advertisi... More...    $0 (01-13-2009 - 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)

Roscoe Pound offered the following pertinent comments as to a judge's responsibility when setting forth an opinion:

The opinions of the judge of a highest court of a state are no place for intemperate denunciation of the judge's colleagues, violent invective, attributings of bad motives to the majority of the court, and insinuations of incompetence, negligence, prejudice, or obtuse... More...    $0 (09-24-2008 - WV)

This case is before us on appeal for a second time. In the first appeal (hereinafter “Messer Iâ€�), (See footnote 1) we reversed the dismissal by the lower court of Theresa D. Messer's discrimination suit based on handicap. Ms. Messer (hereinafter “Appellantâ€�) 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)

This appeal involves a dispute between two insurance companies, with each company claiming that the insurance provided by its policy was "excess" to the other insurance and that its coverage therefore was not triggered until the limits of the other company's policy were exhausted. The district court granted summary judgment in favor of Horace Mann Insurance Company, concluding that its p... More...    $0 (01-24-2008 - WV)

The Appellants herein and defendants below, A.T. Massey Coal Company, Inc., and various of its subsidiaries, appeal from a March 15, 2005, order entered in the Circuit Court of Boone County, which denied their post-judgment motions for judgment as a matter of law, a new trial, or remittitur, in response to the entry of a judgment of more than $50 million in favor of the appellees herein, and ... More...    $0 (11-24-2007 - WV)

The Appellants, plaintiffs in the action below, who received medical treatment involving the implantation of contaminated sutures as patients at two hospitals named as defendants below, appeal the dismissal of their action against the defendant hospitals for failure to provide pre-suit notices and certificates of merit as required by the Medical Professional Liability Act. See W. Va. Code § 55-... More...    $0 (10-12-2007 - WV)

This is an appeal by Shannon R. (See footnote 1) (hereinafter "Appellant") from a final order of the Circuit Court of Hampshire County terminating her parental rights to her three children, Britney, Destiny, and Desarae M. (See footnote 2) The Appellant appeals that termination order to this Court, alleging that the lower court committed several reversible errors. Upon thorough evaluati... More...    $0 (12-18-2003 - WV)

Appellants American Reliable Insurance Company, American Bankers Insurance Company of Florida, and Campbell Insurance Services, Inc. (collectively "Appellants"), appeal the district court's dismissal of their petition to compel arbitration of claims asserted against them in West Virginia state court by Appellees Robert and Helen Stillwell. See American Reliable Ins. Co. v. Stillwell, 212 F... More...    $0 (07-16-2003 - WV)

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)

Lower Donnally Association (hereinafter "Appellant") appeals the December 6, 2001, order of the Circuit Court of Kanawha County by which Appellant's petition for a writ of certiorari to review certain planning and zoning actions taken by the Charleston Municipal Planning Commission (hereinafter "Appellee") was dismissed. The underlying controversy in this case concerns the construction of an apart... More...    $0 (12-02-2002 - WV)

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)