Huntington, WV - The United States of America charged Jeffrey Miller with illegally accessing Veterans Administration medical records.

Defendant was sentenced to six months in prison for illegally accessing the medical records of six veterans. Jeffrey Miller, 40, a former Veterans Benefits Administration employee, was also sentenced to one year of supervised release.

“We must pr... More...    $0 (01-23-2020 - 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)

1. “A circuit court’s entry of summary judgment is reviewed de novo.� Syllabus Point 1, Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994).

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.â€� Syllabus Point 3, Aetna... More...    $0 (03-26-2012 - 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)

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)

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)

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 appellants herein and defendants below, AJR, Inc., and John M. Rhodes (hereinafter collectively referred to as “AJRâ€�), appeal from an order entered July 18, 2008, by the Circuit Court of Wood County. By that order, the circuit court entered judgment in favor of the appellee herein and plaintiff below, Danny L. Benson (hereinafter referred to as “Mr. Bensonâ€�), in the amount of $94,910.2... More...    $0 (02-11-2010 - WV)

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)

The instant action is before this Court upon the appeal of Charles and Kathryn Beahm, Randy and Kathy Johnson, and the Jefferson City Council on Aging [hereinafter “Appellantsâ€�] from a January 4, 2007, order granting defendants', 7-Eleven, Inc. and Melissa Spinks [hereinafter “Appelleesâ€�], Motion for Summary Judgment. On appeal, the Appellants allege that errors were committed by the circu... More...    $0 (09-26-2008 - WV)

Invasion of privacy claim by deck clerk who claimed that defendant wrongfully violated that West Virginia wiretapping act by installing audio and video surveillance equipment in the front desk and lounge area of the Comfort Inn motel where Bowyer worked without telling him about the equipment or surveillance.... More...    $500000 (02-05-2003 - 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)