Bethann Cornett Spears sued Dema Ann Spears over the ownership of property and the right to survivorship.

The Circuit Court ruled that there was a joint tenancy with right of survivorship between Respondent and Paul Randall ('Randy') Spears survived because affirmative conduct is... More...    $0 (11-14-2024 - WV)

In 1884, William McGary acquired 201 acres of land in fee simple ("parent tract"), with no oil and/or gas or other reservations included within the conveyance. In 1907, Mr. McGary and his wife conveyed the parent tract to Joseph Carpenter; however, thi... More...    $0 (10-08-2024 - 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)

Martinsburg, West Virginia criminal law lawyer represented Defendant charged for her role in a methamphetamine distribution operation.

Farrah Doreen Fletcher, age 45, pleaded guilty to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine.â€� Fletcher admitted to working with others to sell methamphetamine from August to October 2021 in Hampshi... More...    $0 (10-24-2022 - WV)

Huntington, West Virginia criminal law lawyer represented Defendant charged with felony possession of a firearm.

On May 19, 2022, law enforcement officers responded to Tevor Dean Williams’ Huntington residence after a home alarm system alerted 911. Officer observed suspected drug paraphernalia including a blender containing a powder substance, needles and torn plastic bags as well as am... More...    $0 (10-24-2022 - WV)

Huntington, West Virginia criminal law lawyer represented Defendant charged with being a felon in possession of a firearm.

On May 2, 2022, law enforcement officers conducted a traffic stop of a vehicle driven by Hill near 13th Street and Ninth Avenue in Huntington. Officers searched the vehicle and found a loaded FN 509 9mm handgun in the passenger seat rear pocket. Melvin Theophilius Hil... More...    $0 (10-24-2022 - WV)

Elkins, West Virginia criminal law lawyer represented Defendant charged with producing sexually explicit videos using young children.

Jon Travis Yost, age 28, victimized multiple children in the process of producing pornographic films and did so while still on probation for a sex crime from state court.

“Mr. Yost won’t be able to harm any children in the jail cell where he w... More...    $0 (09-24-2022 - WV)

Charleston, West Virginia social security disability lawyer represented Plaintiff seeking review of the denial of his application for benefits.



Title 42 U.S.C. § 406(b) allows an attorney, who successfully represents a social security claimant in an action brought against the Commissioner in federal court, to receive a reasonable fee not to exceed 25% of the past-due benefits t... More...    $0 (06-03-2022 - WV)

Charleston, West Virginia criminal defense lawyer represented defendant charged with attempting to demage poroperty of an energy facility.
Brandon Beverly, 46, of Whitesville, helped to steal specialized mine equipment from the known mine in May and June 2019, resulting in more than $5,000 in damage.

Beverly is scheduled to be sentenced on July 28, 2022, and faces a maximum penalty of... More...    $0 (04-29-2022 - WV)

Clarksburg, West Virginia sexual abuse of an adult was in custody charge criminal defense lawyer represented Defendant, Heather D. Obrad, a correctional employee at Federal Corrections Institution Hazelton, was charged with having inappropriate contact with an inmate.

Obrad, of Granville, West Virginia, pleaded guilty to one count of “Abusive Sexual Contact.â€� Obrad, 27, a secretary at... More...    $0 (03-16-2021 - WV)

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. 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)

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)

Appellants Steven May and Angela Radcliffe brought this action under the False Claims Act, 31 U.S.C. §§ 3729-33 (the “FCAâ€�), against Purdue Pharma L.P. and Purdue Pharma, Inc. (together, “Purdueâ€�). 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)

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)

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 “respondentâ€�), 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)

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)

The defendant below and appellant herein, Shirley Blaniar Luke (hereinafter referred to as “Ms. Lukeâ€�), 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)

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 corporation of Harpers Ferry, appellant/defendant below (hereinafter “the Cityâ€� or City Councilâ€�) appeals from an order of the Circuit Court of Jefferson County denying its motion to alter or amend a judgment. The circuit court’s order denied the City’s request to alter or amend a prior order awarding Ralph Taylor, appellee/plaintiff below (hereinafter “Mr. Taylorâ€�), attorney’s... More...    $0 (05-26-2011 - WV)

The instant action is before this Court upon the appeal of Edgar L. Bonner and Hazel Bonner [“Appellantsâ€�] from a December 16, 2009, order of the Circuit Court of Tyler County, West Virginia, which found that the property which is the subject of this appeal [“the propertyâ€�] is not susceptible to partition and which accordingly ordered a sale of the property at public auction. The Bonners a... More...    $0 (05-02-2011 - WV)

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)

This appeal arises from the judgment of the Circuit Court of Tucker County, West Virginia, in a case between the appellant, Leeorr Rosier (hereinafter referred to as Mrs. Rosier), and her son, the appellee, Robert Lee Rosier. Mrs. Rosier brought the action against her son as the widow of Stearl Rosier and as the Executrix of his estate. At issue is the ownership of bank accounts, farm machinery, ... More...    $0 (11-23-2010 - WV)

Two sellers of perishable agricultural commodities, Nickey
Gregory Company, LLC, and Poppell’s Produce Inc., commenced
this action under the Perishable Agricultural Commodities
Act, 1930 ("PACA"), 7 U.S.C. §§ 499a-499t, to
recover $106,696 owed them for the sale of produce to Robison
Farms, LLC., a bankrupt South Carolina produce distributor.
They named as defendant Agr... More...    $0 (03-05-2010 - 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)

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)

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)

The Charleston Urban Renewal Authority sued Barbara Selman on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in a 12,182-square-fott parking lot owned by her across the street from the Clay Center to be used by the Charleston Area Alliance to create a park called "Gateway Greenspace" at the northeast corner of Washington & Leon Sullivan Way. Sul... More...    $520000 (12-13-2007 - WV)

We are asked in this case to decide the relationship between the Lanham Act, 15 U.S.C. §§ 1051 et seq. (2000), and Section 206 of the subsequently enacted Science, State, Justice, Commerce, and Related Agencies Appropriations Act of 2006 ("§ 206"), which prohibits the use of federal funds to "register, issue, transfer, or enforce any trademark of the phrase ‘The Last Best Place.'" The dist... More...    $0 (10-24-2007 - WV)

This is an appeal by Carol Gallant and Jim Whipple (hereinafter "Appellants") from an order of the Circuit Court of Jefferson County dissolving a temporary injunction which had previously issued prohibiting the demolition of the Jefferson County Jail and dismissing their case with prejudice. Upon thorough evaluation of the record and the arguments of counsel, we reverse the decision of the lower c... More...    $0 (12-02-2002 - WV)

The controversy in this case involves the interpretation of deeds to land located in the Elk District of Kanawha County, West Virginia. The deeds in question were created in 1959 when Lucy Copen Belcher subdivided a sixty-nine-acre tract of land into seven lots for conveyance to family members. More specifically, the matter before this Court concerns the size of a family cemetery reserved in the d... More...    $0 (10-18-2002 - 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)

Jackson Baynard brought this action pursuant to 42 U.S.C.A. S 1983 (West Supp. 2000) and Title IX of the Education Amendments of 1972, see 20 U.S.C.A. SS 1681-88 (West 2000), against Catherine Malone, Otto Beckhoff, Paul Masem, and the Alexandria City School Board ("the ACSB"). Malone appeals an order of the district court denying her motion for judgment as a matter of law. See Fed. R. Civ. ... More...    $1050000 (09-27-2001 - WV)