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)

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)

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)

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)

Petitioner and plaintiff below (L. Linda Mays) by counsel, Jeffrey V. Mehalic, appeals two orders entered in the Circuit Court of Cabell County.1 In one order, dated May 23, 2014, the circuit court granted summary judgment in favor of respondent and defendant below (The Marshall University Board of Governors) on petitioner’s claim for negligent infliction of emotional distress.2 In its other order... More...    $0 (10-20-2015 - WV)

The petitioner and plaintiff below, Teri Sneberger, appeals a final order of the
Circuit Court of Randolph County entered on June 2, 2014, denying her motion for a new
trial in her civil action against the respondents and defendants below, Jerry Morrison, d/b/a
Jerry Morrison Construction, and James Phillips, arising out of the construction of her log
home. Following a three-day tr... More...    $0 (06-11-2015 - WV)

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)

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 (“BLBAâ€�). The Benefits Review Board (“BRBâ€�) 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)

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 “Appellantsâ€�) — 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)

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)

The plaintiff below and appellant herein, Randy L. Mace (“Mr. Maceâ€�), as personal representative of the Estate of Kathy W. Mace (“Ms. Maceâ€�), appeals from an order of the Circuit Court of Monongalia County, West Virginia, dismissing his wrongful death lawsuit on the basis of forum non conveniens. Applying West Virginia Code § 56-1-1a (Supp. 2010), the forum non conveniens statute, the cir... More...    $0 (06-16-2011 - WV)

Steven Witt brought this § 1983 Fourth Amendment excessive force case against the West Virginia State Police and three troopers. After dismissing Witt’s claims against the State Police and the troopers in their official capacity, the district court refused to grant summary judgment to the troopers in their individual capacity. Contending that qualified immunity protects them from suit, the troo... More...    $0 (02-04-2011 - 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 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)

Petitioners, River Riders, Inc. and Matthew Knott, seek a writ of prohibition to vacate three pre-trial orders of the Circuit Court of Jefferson County that (1) excluded from the forthcoming trial the Release and Assumption of Risk Agreements that had been signed by fourteen plaintiffs prior to embarking on a whitewater rafting expedition provided by the Petitioners; (2) ruled that the rafting in... More...    $0 (12-10-2008 - 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)

I concur in the majority opinion's determination that the doctrine of judicial estoppel precluded the Appellants from changing their theory of liability after the jury returned its verdict. I have chosen to write separately to discuss the issue of whether or not the cause of action filed against WVUH could have been brought outside the MPLA, (See footnote 1) and to respond to the flawed arg... More...    $0 (01-14-2008 - WV)

Grady Colin Kelley, II, and Frieda Carol Kelley (hereinafter "Appellants" or "Mr. Kelley and Mrs. Kelley") appeal from orders of the Circuit Court of Mingo County granting summary judgment to Appellees City of Williamson and Williamson police officer Michael Barnes. The Appellants allege that the trial court erred in granting summary judgment where genuine issues of material fact exist for ju... 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 case is an appeal by the defendant below, West Virginia Physicians' Mutual Insurance Company (hereinafter referred to as "Mutual"), of the April 27, 2006, final order (See footnote 1) of the Circuit Court of Ohio County in a suit involving the reinstatement of medical malpractice insurance coverage for plaintiff below, Robert J. Zaleski, M.D. (hereinafter referred to as "Dr. Zaleski"). ... More...    $0 (07-03-2007 - WV)

2. "'A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.' Syllabus Point 3, Aetna Casualty ... More...    $0 (11-27-2002 - WV)

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)

Diana and Randy Slider, plaintiffs below and appellants herein, appeal the September 8, 2000 order of the Circuit Court of Ohio County granting summary judgment to defendants-appellees State Farm Mutual Automobile Insurance Company (“State Farm”), Charles Noffsigner, and Erie Insurance Property and Casualty Company (“Erie”). The circuit court determined that the bad faith a... More...    $0 (12-13-2001 - WV)

Contract Breach, Property Damages, Intentional Infliction of Emotional Distress and Outrage - Faye D. Nunley owned of a tract of property along a bank of the Elk River in Procious, Clay County, West Virginia. In August 1993, Mountaineer Gas Co. entered into a written "Dig and Backfill Agreement" to extend an existing gas line to various properties lying along the Elk River. Nunley's neighbors had... More...    $99319 (07-16-1998 - WV)

Constructive discharge, tortious interference with employment opportunities, defamation, invasion of privacy, and intentional infliction of emotional distress by former employee of defendant. Plaintiff was employed by CAMC as a registered nurse. When Smith was assigned to supervise the unit where Tudor worked, she reduced staffing to Tudor alone which she believed to be inadequate for patient sa... More...    $1086000 (12-15-1995 - WV)