West Virginia Injunction Law
 

Andrew T. Miller v. William K. Marshall, et al.

Charleston, West Virginia civil rights lawyer represented Plaintiff who sued Defendant seeking an injunction

The question presented by this case is whether the state of West Virginia may validly require incarcerated individuals, as a condition of eligibility for parole, to complete a substance abuse treatment program alleged to involve pervasive religious elements. Despite its lo... More...
   $0 (07-18-2023 - WV)

United States of America v. Robert Woody

Clarksburg, West Virginia criminal law lawyer represented Defendant charged with possession with intent to distribute methamphetamine.

Robert Wood, of Morgantown, West Virginia was charged in March 2022 with one count Assistant U.S. Attorneys Zelda E. Wesley and Sarah E. Wagner prosecuted the case on behalf of the government. The FBI's Northern West Virginia Drug Task Force in partnershi... More...
   $0 (11-10-2022 - WV)

Gregory Martin vs. The Unsafe Building Commission of Huntington, West Virginia


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Petitioner Gregory Martin, by counsel Jason Goad, appeals the Circuit Court of Cabell County’s August 6, 2018, order denying him injunctive relief. Respondent The... More...
   $0 (02-01-2020 - 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)

West Virginia Lottery v. A-1 Amusement, Inc.

Supreme Court of Appeals - Charleston, West Virginia

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)

Sterling National Bank & Trust Co. of New York v. Charleston Transit Co.

This proceeding was instituted in the Circuit Court of Kanawha County by Sterling National Bank & Trust Company of New York, trustee, against Charleston Transit Company, Charleston-Dunbar Traction Company, Charleston Interurban Railway Company, and others, for the purpose of enforcing the alleged liens securing certain special assessment paving certificates issued by the City Council of the City o... More...    $0 (10-05-1943 - WV)

Diana Mey v. The Pep Boys - Manny, Moe & Jack

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 solicitation” 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)

Kara Kowalski v. Berkeley County Schools

When Kara Kowalski was a senior at Musselman High School in Berkeley County, West Virginia, school administrators suspended her from school for five days for creating and posting to a MySpace.com webpage called "S.A.S.H.," which Kowalski claims stood for "Students Against Sluts Herpes" and which was largely dedicated to ridiculing a fellow student. Kowalski commenced this action, under 42 U.S.C. Â... More...    $0 (07-27-2011 - 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)

Jason Foster v. Orchard Development Company, L.L.C.

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 “Orchard”) and Peteler, LLC (hereinafter referred to as “Peteler”), and against the appellant Jason Foster, regarding the applicability and meaning of certain restricti... More...    $0 (11-23-2010 - WV)

Hunton & Williams v. United States Department of Justice

This appeal centers on communications between the U.S. Department of Justice ("DOJ") and a telecommunications company, in which the company allegedly lobbied DOJ to take its side in litigation with a client of law firm Hunton and Williams, LLC ("Hunton"). The district court upheld DOJ’s decision to deny Hunton’s request under the Freedom of Information Act, 5 U.S.C. § 552 (2006), ("FOIA") for... More...    $0 (01-04-2010 - wv)

Charles Crihfield v. Steven Brown and the Home Show, L.L.C.

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[,]”... More...    $0 (11-04-2009 - WV)

Rakesh Wahi v. Charleston Area Medical Center, Inc., et al.

Rakesh Wahi, M.D., appeals the district court’s judgment dismissing his numerous state and federal claims brought against Charleston Area Medical Center, Inc. ("CAMC") regarding the suspension of his medical privileges. The district court concluded most of Wahi’s claims were barred because CAMC qualified for immunity from suit under the Health Care Quality Improvement Act ("HCQIA" or "the Act"... More...    $0 (04-10-2009 - WV)

WV Association of Club Owners and Fraternal Services, Inc. v. John C. Musgrave

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)

The Last Best Beef, LLC v. Jonathan W. Dudas, in his official capacity as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, etc.

We are asked in this case to decide the relationship between the Lanham Act, 15 U.S.C. §§ 1051 et seq. (2000), and Section 206 of the subsequently enacted Science, State, Justice, Commerce, and Related Agencies Appropriations Act of 2006 ("§ 206"), which prohibits the use of federal funds to "register, issue, transfer, or enforce any trademark of the phrase ‘The Last Best Place.'" The dist... More...    $0 (10-24-2007 - WV)

American Reliable Insurance Company, et al. v. Robert Stillwell and Helen Stillwell

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)

State of West Virginia Ex Rel. The West Virginia Secondary Schools Activity Commission v. John S. HRKO, Judge of the Circuit Court of Wyoming County, et al.

 

We take our facts from the sparse record submitted to us by the parties.   (See footnote 1)  Mr. Hedinger was a senior member of the Wyoming East High School football team. On September 20, 2002, he was ejected from a game for allegedly punching an opposing player. He denies throwing the punches.   (See footnote 2)  The SSAC suspended Mr. Hedinger from the next Wyoming East football game, sc... More...    $0 (03-14-2003 - 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)

Helen Foster, et al. v. Hossein Sakhai, M.D.

Appellant Helen Foster (sometimes also referred to as "plaintiff" in the course of this opinion) and her late husband filed a medical malpractice suit against appellee Dr. Hossein Sakhai for personal injuries the Fosters alleged as a result of brain surgery performed by Dr. Sakhai upon Mr. Foster. Mr. Foster died before the case could come to trial, but at the trial, the jury awarded Mrs. Foster a... More...    $800000 (12-12-2001 - WV)

Quintan Development, L.L.C. v. Columbia Natural Resources, Inc.

This case involves the relocation of a sixteen-inch natural gas pipeline, owned by Columbia Natural Resources, Inc. (hereinafter CNR), defendant below and appellant, that crossed certain tracts of land through easements obtained by CNR's predecessor in interest. The instant injunction action was filed by the Appellee, Quintain Development, LLC (hereinafter “Quintain”), to compel CNR to... More...    $0 (11-09-2001 - WV)

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