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West Virginia Class Action Law

Kimmy McNair and Larry McNair v. Johnson & Johnson, Janssen Pharmaceuticals, Inc. and Ortho-McNeil Pharmaceutical, Inc.

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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)

Janet Hodgin v. UTC Fire & Security Americas, Corporation, Inc.; Honeywell International Incorporated

Northern District of West Virginia Federal Courthouse - Clarksburg, West Virginia

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)

Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC

District of West Virginia Federal Courthouse - Huntington, West Virginia

Carlton & Harris Chiropractic, Inc. appeals from the district court’s dismissal of its claim against PDR Network, LLC, PDR Distribution, LLC, PDR Equity, LLC, and John Does 1-10 (collectively, “PDR Network”) for sending an unsolicited advertisement by fax in violation of the Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227. Carlton & Harris argues that the district court erred in de... More...   $0 (02-24-2018 - WV)

United States of America v. Mark Cowden

Northern District of West Virginia Federal Courthouse - Wheeling, West Virginia

Mark Cowden, a former lieutenant with the Hancock County Sheriff’s Office (HCSO) in West Virginia, was charged with deprivation of rights under color of law, in violation of 18 U.S.C. § 242, and knowingly making a false statement to impede a federal investigation, in violation of 18 U.S.C. § 1519. In a jury trial, the evidence showed that in the course of his police duties, Cowden assaulted Ryan H... More...   $0 (02-16-2018 - WV)

Judy Mae Greer v. David Lynn Vandevender and Donna Lee Vandevender

Supreme Court of Appeals of West Virginia - Charleston, West Virginia

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)

Carol Sue Campbell; Chris Rene Wilson, et al. v. Boston Scientific Corporation

Southern District of West Virginia Federal Courthouse - Charleston, West Virginia

This case involves a consolidated trial of four products liability cases that are each part of a multidistrict litigation encompassing over twenty-five thousand total cases. The jury returned verdicts for the plaintiffs, awarding over $4 million to each. Defendant Boston Scientific Corporation asserts that the consolidation itself rendered the trial unfair, disputes two evidentiary rulings, claims... More...   $0 (02-14-2018 - WV)

John F. Kay, Jr. v. McGuireWoods, L.L.P.

Supreme Court of Appeals - Charleston, West Virginia

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)

Robert Matheny v. Gregory Scolapio

Supreme Court of Appeals - Charleston, West Virginia

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)

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)

K & D Holdings, LLC v. Equitrans, L.P.

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)

Wachesaw Plantation v. Alexander

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)

State of West Virginia v. James Earl Noel, Jr.

On August 23, 2013, Mr. Noel was driving through the streets of downtown
Bluefield, West Virginia, when Bluefield Police Officer K.L. Adams (“Officer Adams”), who
was patrolling those streets in a police car, pulled out behind him. Mr. Noel then turned onto
a side street, and Officer Adams continued his patrol route. Shortly thereafter, Mr. Noel
exited a side street in front of... More...
   $0 (11-06-2015 - WV)

Geological Technologies, Inc. v. Christopher Gill and Nicole Gill

Petitioner Geological Technologies, Inc., by Timothy E. Huffman, its attorney, appeals the decision of the West Virginia Workers’ Compensation Board of Review. Nicole Gill, dependent of Charles R. Gill, by Reginald D. Henry, her attorney, filed a timely response. Christopher Gill, dependent of Charles R. Gill, by John H. Shumate, Jr., also filed a timely response. This appeal arises from the Board... More...   $0 (10-21-2015 - WV)

David M. Wasanyi v. Rite Aid Corporation

Petitioner David M. Wasanyi, by counsel Sherman L. Lambert Sr., appeals the Circuit Court of Berkeley County’s July 28, 2014, order granting respondent’s motion for summary judgment and dismissing his counterclaim. Respondent Rite Aid Corporation, by counsel Daniel T. Booth, filed a response. On appeal, petitioner alleges that the circuit court erred in finding there were no material facts in disp... More...   $0 (10-20-2015 - WV)

Farmers & Mechanics Mutual Insurance v. Marlon Allen, Sr.

I agree with the majority’s decision to reverse the circuit court’s ruling because
the insurer is entitled to maintain a subrogation claim against the tenant’s estate under the
facts of the case sub judice. However, I depart from my brethren insofar as their resolution
of the instant proceeding fails to explain the process for resolving such subrogation issues.
Rather than provid... More...
   $0 (10-20-2015 - WV)

L. Linda Mays v. The Marshall University Board of Governors

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)

Gregory Christian v. David Ballard

In September 2003, petitioner Gregory Brent Christian (“Christian”) pled guilty in West Virginia state court to two counts of first-degree armed robbery, and to one count of malicious assault arising out of his shooting of a police officer who was investigating the robberies. Pursuant to a plea agreement, Christian was sentenced to concurrent terms of 25 years imprisonment on the robbery counts, a... More...   $0 (07-10-2015 - WV)

Teri Sneberger v. Jerry Morrison d/b/a Jerry Morrison Construction and James Phillips

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)

United States of America v. Michael L. White

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)

Lois Alt d/b/a Eight is Enough v. United States Environmental Protection Agency

Plaintiff Lois Alt, a West Virginia farmer, sued the United States Environmental Protection Agency (the “EPA”) in the Northern District of West Virginia, seeking declaratory relief in connection with EPA administrative enforcement proceedings against her. In the latter stages of Alt’s litigation, appellant Chesapeake Bay Foundation, Incorporated (“CBF”), moved to intervene as a defendant... More...   $0 (07-14-2014 - WV)

Roger Hoschar v. Appalachian Power Company

Appellants, Roger and Judy Hoschar (collectively “Appellants”), filed this civil action in the Circuit Court of Mason County, West Virginia, against Appellee, Appalachian Power Company (“APCO”), and Defendant, Industrial Contractors, Inc. (“ICI”), seeking damages for an infectious lung disease called histoplasmosis that Roger Hoschar (“Mr. Hoschar”) allegedly contracted while worki... More...   $0 (01-07-2014 - WV)

Mary L. Fox v. Elk Run Coal Company

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 (“BLBA”). The Benefits Review Board (“BRB”) 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)

United States ex rel. Steven May v. Purdue Pharma, L.P.

Appellants Steven May and Angela Radcliffe brought this action under the False Claims Act, 31 U.S.C. §§ 3729-33 (the “FCA”), against Purdue Pharma L.P. and Purdue Pharma, Inc. (together, “Purdue”). Giving preclusive effect to this court’s decision in United States ex rel. Radcliffe v. Purdue Pharma L.P., 600 F.3d 319 (4th Cir. 2010), the district court dismissed the action on res judic... More...   $0 (12-12-2013 - WV)

Breton Lee Morgan, M.D. v. Kathleen Sebelius

Breton Lee Morgan appeals a district court order dismissing his action challenging the decision of the Secretary of the United States Department of Health and Human Services ("the Secretary") to exclude him for five years from participating in Medicare, Medicaid, and all other federally sponsored health care programs pursuant to the applicable terms of 42 U.S.C.A. § 1320a-7(a)(3) (West 2011). Fin... More...   $0 (09-13-2012 - WV)

Westmoreland Coal Company, Inc. v. Mae Ann Sharpe

As recounted in our prior opinion in these Black Lung Benefits Act proceedings, see Sharpe v. Dir., OWCP, 495 F.3d 125 (4th Cir. 2007) ("Sharpe I"), coal miner William A. Sharpe was awarded total disability benefits in 1993, and received those benefits until he died in 2000. A week after Mr. Sharpe’s death, his widow, Mae Ann Sharpe, made a claim for survivor’s benefits. Within two months of M... More...   $0 (08-21-2012 - WV)

Joe E. Miller v. Michael Chenoweth

This appeal by Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter referred to as “Commissioner Miller”), the petitioner herein, challenges a circuit court finding that a law enforcement officer conducted an illegal stop of a driver suspected of driving under the influence of alcohol, and the circuit court’s application of the exclusionary rule to an admi... More...   $0 (05-10-2012 - WV)

Bobby Messer v. Hampden Coal Company, LLC

This matter is before this Court upon an appeal by Bobby and Amanda Messer (hereinafter “Petitioners”) from an order of the Circuit Court of Wyoming County (hereinafter “trial court”) denying their motion for a new trial. The Petitioners contend that the trial court erred in refusing to strike a prospective juror for cause. Upon thorough review of the briefs, arguments of counsel, record, ... More...   $0 (05-16-2012 - WV)

Mike Harper v. Gavin Smith

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.” Syllabus Point 3, Aetna... More...
   $0 (03-26-2012 - WV)

Rosetta McDaniel v. West Virginia Division of Highways

Petitioners Rosetta and Randy McDaniel appeal the circuit court’s order denying their petition for writ of mandamus against respondents, the West Virginia Division of Highways (“DOH”) and its commissioner. Petitioners filed a petition for appeal and a reply brief by their attorney, Vincent Trivelli. Respondents filed a response brief by their attorney, Eric B. Hudnall. This Court has conside... More...   $0 (03-20-2012 - WV)

James E. Collins v. Messenger Limited Partnership, Inc.

Petitioner James E. Collins, by counsel, Lawrence E. Fraley, III, appeals from the Preston County Circuit Court’s award of summary judgment in favor of respondents, Messenger Limited Partnership, Inc. and Wood Products, Inc. (hereinafter collectively referred to as “respondent”), as reflected in orders entered on December 13, 2010, January 13, 2011, and May 24, 2011, in this action seeking, ... More...   $0 (03-30-2012 - 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)

Michael Bills v. Patsy A. Hardy

Michael Bills appeals from the June 24, 2010, order of the Circuit Court of Kanawha County affirming the decision of the Respondent West Virginia Department of Health and Human Resources (“DHHR”) that Petitioner was not eligible for the Mentally Retarded/DevelopmentallyDelayed Home and Community-Based Waiver Program(“Waiver Program).”1 As grounds for his appeal, Mr. Bills asserts error bas... More...   $0 (11-18-2011 - WV)

City of Saint Albans v. David A. Botkins

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 “Appellants”) — 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)

Norfolk Southern Railway Company v. James W. Higginbotham

This case is before the Court upon the appeal of the defendants below Norfolk Southern Railway Company, Norfolk Southern Corporation, James D. Farley, and Charles Paxton (hereinafter “petitioners”). In this malicious prosecution case, the petitioners appeal from the March 24, 2010, final order of the Circuit Court of Mason County, in which the circuit court denied their post-trial motions for ... More...   $0 (11-23-2011 - 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)

Kim Wolfe v. Nathaniel Adkins

Where there is no provision in a written employment agreement, personnel handbook, personnel policy materials or employer documents granting employees payment for unused, accumulated sick leave upon termination from employment, the unused, accumulated sick leave, upon termination from employment, is not a vested, nonforfeitable fringe benefit under the West Virginia Wage Payment and Collection Act... More...   $0 (09-29-2011 - WV)

Betty Lou Zirkle Carpenter v. Shirley Blaniar Luke

The defendant below and appellant herein, Shirley Blaniar Luke (hereinafter referred to as “Ms. Luke”), appeals from an order entered December 18, 2007, by the Circuit Court of Harrison County. By that order, the circuit court denied Ms. Luke's motion to alter or amend judgment and motion for a new trial. In the underlying case, the circuit court entered judgment as a matter of law in favor of... More...   $0 (09-24-2009 - 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)

Jonathan Darby v. Kanawha County Board of Education

Jonathan Darby, the petitioner, appeals the April 20, 2010 order of the Circuit Court of Kanawha County that reversed the April 9, 2009 decision of the hearing examiner of the West Virginia Public Employees Grievance Board and upheld Mr. Darby’s employment termination with respondent Kanawha County Board of Education. After careful consideration of the pleadings and the record in this case, this... More...   $0 (06-14-2011 - WV)

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