Wheeling, West Virginia personal injury lawyers represented the Plaintiff who sued on a Federal Tort Claims Act negligence theory.

Under the FTCA, the federal government acts as a self-insurer, and recognizes liability for the negligent or wrongful acts or omissions of its employees acting within the scope of their official duties.

... More...    $1 (04-13-2024 - 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)

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)

Bluefield, West Virginia personal injury lawyer represented Plaintiff, who sued Defendant federal tort claimed act theory.

Pending before the court are two motions by plaintiff requesting leave to present testimony at the upcoming Phase 1 trial by remote video transmission. (ECF Nos. 121, 122.) In the first motion, plaintiff asks that she herself be permitted to so testify, as she is not... More...    $0 (07-12-2022 - WV)

Clarksburg, WV - Mark Jefferson sued the United States of America on a Federal Tort Claims Act personal injury auto negligence theory.... More...    $1 (12-14-2019 - WV)

Beckley, WV - Scott R. Napper, Joshua Napper and John D. Wooton, Jr. for minor child, J.D. sued the United States of America on Federal Tort Claims Act personal injury theories claiming to have been injured and/or damaged by a federal government employee.... More...    $0 (11-23-2019 - WV)

Beckley, WV - Gregory Carter sued the United States of America on a Federal Tort Claims Act personal injury theory.

03/08/2016 29 JUDGMENT ORDER: In accordance with the 28 Memorandum Opinion and Order, the Court ORDERS that judgment be entered accordingly and that this case be DISMISSED and STRICKEN from the docket of this Court. Signed by Judge Irene C. Berger on 3/8/2016. (cc: attys; a... More...    $0 (03-08-2016 - 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)

Petitioners Judy Mae Greer, William Charles Vandevender, Judith Kay Newbrough, Daniel T. Vandevender, Dallas E. Vandevender, Jo Ann Rae Giraldi, and Douglas P. Vandevender, by counsel John J. Wallace, IV, appeal the order of the Circuit Court of Pocahontas County that dismissed their claims of tortious interference, undue influence, fraud, and civil conspiracy. Respondents David Lynn and Donna Van... More...    $0 (02-14-2018 - 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)

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)

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)

Once again, this Court is asked to consider the constitutionality, vel non, of W. Va. Code § 55-7B-8 which places a limit or “capâ€� on compensatory damages for noneconomic loss awarded in a medical professional liability action. On two prior occasions, in the cases of Robinson v. Charleston Area Medical Center, Inc., 186 W. Va. 720, 414 S.E.2d 877 (1991) and Verba v. Ghaphery, 210 W. Va. 30, 5... More...    $0 (06-22-2011 - 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)

West Virginia, County Sheriff Craig Fraley, and his Chief Deputy, Paul Sabin, challenge the district court’s award of attorney’s fees and costs under 42 U.S.C. § 1988 to Appellee Brenda A. Bosley. Appellants do not challenge the calculation, the amount or the reasonableness of the award; nor do they dispute that Appellee was a "prevailing party" under § 1988(b). Rather, they contend more nar... More...    $0 (06-14-2011 - WV)

This case arose under the district court’s diversity jurisdiction and involves the contamination of a public water supply in Parkersburg, West Virginia. We consider whether the plaintiffs, individuals who consumed the water but have not become ill as a result, demonstrated an injury sufficient to survive summary judgment on certain West Virginia common law tort claims. We also review the distric... More...    $0 (04-08-2011 - 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)

In this appeal from the Circuit Court of Kanawha County, we are asked to examine a construction loan by a bank to build a new house. The plaintiff - the owner of the new house - asserted that the defendant bank had a duty, in contract and in tort, not to distribute any money from the loan to the contractor building the house until the house had been inspected and the inspector had confirmed that ... More...    $0 (09-16-2010 - WV)

Michael Sloas, a sheetmetal worker employed by CSX Transportation, Inc. ("CSXT"), injured his back while attempting to remove a damaged Snyder valve from a locomotive’s fuel tank. Subsequently, Sloas applied for and received a disability annuity under the Railroad Retirement Act ("RRA"). See 45 U.S.C. § 231 et seq. Sloas also sued CSXT for negligence under the Federal Employers Liability Act ("... More...    $0 (07-26-2010 - 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 this Court upon an appeal from a final order of the Circuit Court of Wyoming County, West Virginia, granting a motion to dismiss filed by the Appellee and Defendant below, the West Virginia Department of Transportation, Division of Highways (hereinafter called “DOHâ€�). In that Order, the circuit court concluded that the DOH is entitled to sovereign immunity in this case bec... More...    $0 (11-04-2009 - 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)