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West Virginia Class Action Law
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)

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)

William R. Rhodes v. E.I. Du Pont De Memours

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)

Christian Harper v. Jackson Hewitt, Inc.

This matter is before the Court upon a September 29, 2009, order of the United States District Court for the Southern District of West Virginia, Huntington Division, which certified the four following questions:

1. “Does a tax preparer who receives compensation, either directly from the borrower or in the form of payments from the lending bank, for helping a b... More...
   $0 (11-23-2010 - WV)

Public Employees' Retirement Association of Colorado v. Deloitte & Touches, LLP; DEloitte & Touches Accountants

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)

Palisades Collections, LLV. v. Charlene Shorts v. AT&T Mobility, LLC; ATT&T Mobility Corporation

This case presents an issue of first impression — whether a party joined as a defendant to a counterclaim (the "additional counter-defendant") may remove the case to federal court solely because the counterclaim satisfies the jurisdictional requirements of the Class Action Fairness Act of 2005 ("CAFA"), Pub. L. 109-2, 119 Stat. 4 (codified in scattered sections of Title 28 of the United States C... More...   $0 (12-23-2008 - WV)

Donna Joan Blankenship, individual, et al. v. Ethicon, Inc., et al.

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)

William Shingleton, et al. v. ICT Group

The plaintiffs in the class action claimed that ICT Group routinely failed to pay them for all their work time. ICT Group, an international telemarketing firm, operates call centers in several locations in West Virginia.... More...   $14000000 (03-02-2005 - WV)

John Doe, et al. v. DuPont

Class action claims by residents of Parkersburg, West Virginia and other communities near a DuPont chemicl plant located on the Ohio river who changed that they were exposed to perflourooctanoic acid, also known as PFOA or C7, as a result of manufacturing of a the nonstick substance Teflon. The plaintiffs claimed that their drinking water supplies were contaminate by the chemical.... More...   $107600000 (03-02-2005 - WV)

John Doe, et al. v. DuPont Corporation

The plaintiffs in this class action accused the DuPont Corporation of contaminating local drinking water by improperly disposing of C8 Washington Works plant near Parkersburg, West Virginia upstream from their homes and property. The contamination may have affected as many as 60,000 people in Ohio and West Virginia. C8 is used to make Teflon and other products. DuPont claims that the chemica... More...   $343000000 (09-10-2004 - WV)

In Re: Tobacco Litigation

In this appeal, we are asked to review a jury's verdict declining to require the manufacturers of certain tobacco-containing products to provide medical monitoring to individuals who were significantly exposed to the potentially harmful effects of smoking. As set forth below, we affirm a trial court order that upholds the jury's verdict.


This appeal involves a class... More...   $0 (05-06-2004 - 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)

In Re: West Virginia Rezulin Litigation

This case is a consolidation of several lawsuits filed by numerous plaintiffs who used Rezulin, an oral drug that was approved by the U.S. Food and Drug Administration ("FDA") in January 1997 to treat Type II (adult onset) diabetes. Rezulin is a trade name for the drug troglitazone. The defendants in the underlying action, and appellees and respondents before this Court, are Warner-Lambert Comp... More...   $0 (07-11-2003 - WV)

Curtis M. Adkins, et al. v. Labor Ready, Inc., et al.

Curtis Adkins filed suit against Labor Ready, Inc. and Labor Ready Mid-Atlantic, Inc. (collectively "Labor Ready") alleging violations of federal and state labor laws. Labor Ready responded with a motion to compel arbitration based on an arbitration agreement signed by Adkins. The district court granted the motion, Adkins v. Labor Ready, Inc., 185 F. Supp. 2d 628 (S.D.W. Va. 2001), and dismis... More...   $0 (09-03-2002 - WV)

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