West Virginia Deliberate Indifference Law
 

Terri M. v. Brandon M.


Fairmont, West Virginia divorce lawyer represented husband and wife in property division dispute.



Terri M. ("Wife") and Brandon M. ("Husband") were married on July 7, 2017. Two children were born of the marriage. Throughout the marriage, Husband subjected Wife to acts of physical violence and inflicted damage to the parties' vehicle and marital home. Husband was incarce... More...
   $0 (09-04-2024 - WV)

State of West Virginia v. Quenton A. Sheffield

Huntington, West Virginia criminal defense lawyer represented Defendant charged with first-degree murder.



In April 2019, the petitioner was indicted by a Cabell County grand jury on charges of murder, malicious wounding, and possessing a firearm while being a person prohibited from possessing a firearm. The events giving rise to the charges are not relevant to the issue on app... More...
   $0 (06-14-2022 - WV)

State of West Virginia v. Kyle Lewis Taylor

Charleston, West Virginia - Criminal Defense lawyer represented defendant with appealing two counts of sexual assault charges.



During an October 31, 2018, Halloween party at the residence of M.S.,1 then a twenty-oneyear-old college student and the victim in this case, M.S. became intoxicated and... More...    $0 (05-11-2022 - WV)

William R. Winters v. Cleome J. Winters

Charleston, WV - Divorce lawyer represented appellant in appealing the J & D R court’s order.



Father and mother were married, and three children were born of the marriage. On May
1, 2013, the circuit court entered a final decree of divorce and granted joint legal custody of the
children t... More...
   $0 (03-15-2022 - WV)

State of West Virginia vs. Juan Xavier Chic

Charleston, WV - Criminal defense attorney represented Juan Xavier Chic with first-degree murder , use or presentment of a firearm during the commission of a felony and prohibited person in possession of a concealed firearm charges.



Andre Leonard was gunned down in his uncle’s driveway on August 15, 2018. In the days
fol... More...
   $0 (07-03-2021 - WV)

State of West Virginia vs. Michael R. Hodge, Jr.

Charleston, WV - Criminal defense attorney represented Michael R. Hodge Jr with appealing the Circuit Court of Fayette County’s February 28, 2019, sentencing and commitment order.



On August 28, 2017, minor S.J. drove petitioner, Bryan Allen, and Jarrell Green to an area
near the home of Angelia Miranda Danielle Pyatt (... More...
   $0 (02-08-2021 - WV)

State of West Virginia v. Hayden Damian Drakes







SUPREME COURT OF APPEALS OF WEST VIRGINIA





Both parties agree that the facts are largely undisputed regarding an
altercation... More...
   $0 (06-21-2020 - WV)

State of West Virginia vs. Damon Daniel Greenfield




MoreLaw Helps Lawyers Make Money


Petitioner Damon Daniel Greenfield, by counsel Kevin D. Mills and Shawn R. McDermott, appeals the Circuit Cour... More...
   $0 (03-13-2019 - WV)

State of West Virginia v. Michael S. Sites





The relevant facts of this case began on September 12, 2013. On that day,
Petitioner drove from his home in Grant County, West Virginia, to a pharmacy in
Winchester, Virginia... More...
   $0 (02-21-2019 - WV)

State of West Virginia v. Michael S. Sites



Sooner Cannabis Consultants
Click Here For... More...    $0 (02-09-2019 - 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)

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)

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)

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)

Randy L. Mace v. Mylan Pharmaceuticals, Inc.

The plaintiff below and appellant herein, Randy L. Mace (“Mr. Mace”), as personal representative of the Estate of Kathy W. Mace (“Ms. Mace”), 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)

Clayton Brown v. Genesis Healthcare Corporation

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 FAA”).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)

Stanley Stevenson II v. Independence Coal Company, Inc.

This action is before this Court upon the appeal of Independence Coal Company, Inc., (hereinafter “Independence”) from two orders of the Circuit Court of Boone County entered on September 22, 2009, denying Independence’s renewed motion for judgment as a matter of law or, in the alternative, for a new trial. The orders were entered following a jury verdict finding Independence negligent and a... More...    $0 (04-28-2011 - WV)

Howard Wrenn v. the West Virginia Department of Transportation, Division of Highways

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 “DOH”). 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)

Rakesh Wahi v. Charleston Area Medical Center, Inc., et al.

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)

Charles & Kathryn Beahm, et al. v. 7-Eleven, Inc. and Melissa Spinks

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 “Appellants”] from a January 4, 2007, order granting defendants', 7-Eleven, Inc. and Melissa Spinks [hereinafter “Appellees”], Motion for Summary Judgment. On appeal, the Appellants allege that errors were committed by the circu... More...    $0 (09-26-2008 - WV)

Helen Foster, et al. v. Hossein Sakhai, M.D.

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)

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