Huntington, West Virginia civil rights lawyers represented Plaintiff who sued Defendants claiming they violated her First Amendment rights.

Durstein worked as a full-time teacher for Cabell County Schools from November 2001 until her termination on March 6, 2017. During the 2016-2017 school year, Durstein taught World Studies at Huntington High School. She operated a Twitter account vie... More...    $0 (08-23-2023 - WV)

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)

This matter is before this Court upon an appeal by Bobby and Amanda Messer (hereinafter “Petitionersâ€�) from an order of the Circuit Court of Wyoming County (hereinafter “trial courtâ€�) 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)

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 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 (“DHHRâ€�) that Petitioner was not eligible for the Mentally Retarded/DevelopmentallyDelayed Home and Community-Based Waiver Program(“Waiver Program).â€�1 As grounds for his appeal, Mr. Bills asserts error bas... More...    $0 (11-18-2011 - 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)

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)

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 FAAâ€�).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)

This action is before this Court upon the appeal of James E. Beichler from the March 4, 2009, order of the Circuit Court of Kanawha County dismissing his complaint in a wage payment and collection matter. The complaint sought unpaid wages and liquidated damages for certain teaching services allegedly performed by Beichler during his employment with the appellee, West Virginia University at Parker... More...    $0 (09-16-2010 - WV)

1. "Article V, section 1 of the Constitution of West Virginia which prohibits any one department of our state government from exercising the powers of the others, is not merely a suggestion; it is part of the fundamental law of our State and, as such, it must be strictly construed and closely followed." Syl. Pt. 1, State ex rel. Barker v. Manchin, 167 W. Va. 155, 279 S.E.2d 622 (1981).

2.... More...    $0 (03-11-2003 - 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)

Plaintiff, the West Virginia Association of Club Owners and Fraternal Services, Inc., brought this suit on behalf of its members which include certain clubs, restaurants, convenience stores, and fraternal organizations with alcohol licenses who are also state-licensed limited video lottery retailers. Plaintiff sought invalidation of West Virginia’s restrictions on limited video lottery advertisi... More...    $0 (01-13-2009 - WV)

In the instant matter, Appellant Frank A. Savarese (hereinafter “Mr. Savareseâ€�) seeks reversal of the Circuit Court of Ohio County's October 11, 2006, Memorandum Opinion and Order dismissing, without prejudice, this first party bad faith action, pursuant to West Virginia Code § 56-1-1(c)(2003), for lack of subject matter jurisdiction. After thorough consideration of the arguments of the parti... More...    $0 (09-26-2008 - WV)

Roscoe Pound offered the following pertinent comments as to a judge's responsibility when setting forth an opinion:

The opinions of the judge of a highest court of a state are no place for intemperate denunciation of the judge's colleagues, violent invective, attributings of bad motives to the majority of the court, and insinuations of incompetence, negligence, prejudice, or obtuse... More...    $0 (09-24-2008 - WV)

Misty Blessing appeals from the September 13, 2006, order of the Circuit Court of Kanawha County granting summary judgment to Appellee West Virginia Department of Transportation (the "Department") in connection with a wrongful death action Appellant filed against the Department and its employee, Appellee Byron Smith. In granting summary judgment to the Department and Mr. Smith, the trial court rul... More...    $0 (04-25-2008 - WV)

This appeal involves a dispute between two insurance companies, with each company claiming that the insurance provided by its policy was "excess" to the other insurance and that its coverage therefore was not triggered until the limits of the other company's policy were exhausted. The district court granted summary judgment in favor of Horace Mann Insurance Company, concluding that its p... More...    $0 (01-24-2008 - WV)

Appellants Allison J. Riggs and Jack E. Riggs, M.D. argue herein that the Circuit Court of Monongalia County erred by reducing a jury verdict awarding non- economic damages in the amount of $10,000,000 to $1,000,000 pursuant to the provisions of W. Va. Code § 55-7B-8 (1986). (See footnote 1) According to Appellants, the non-economic damages cap contained in Section 8 of the Medical Profess... More...    $0 (11-24-2007 - WV)

The Appellants herein and defendants below, A.T. Massey Coal Company, Inc., and various of its subsidiaries, appeal from a March 15, 2005, order entered in the Circuit Court of Boone County, which denied their post-judgment motions for judgment as a matter of law, a new trial, or remittitur, in response to the entry of a judgment of more than $50 million in favor of the appellees herein, and ... More...    $0 (11-24-2007 - WV)

This case is an appeal by the defendant below, West Virginia Physicians' Mutual Insurance Company (hereinafter referred to as "Mutual"), of the April 27, 2006, final order (See footnote 1) of the Circuit Court of Ohio County in a suit involving the reinstatement of medical malpractice insurance coverage for plaintiff below, Robert J. Zaleski, M.D. (hereinafter referred to as "Dr. Zaleski"). ... More...    $0 (07-03-2007 - WV)

Cassandra L. Campbell (hereinafter referred to as "Ms. Campbell"), appellant/petitioner below, appeals an order of the Circuit Court of Mineral County. The circuit court denied her petition for appeal of a divorce decree issued by the Family Court of Mineral County. Here, Ms. Campbell challenges the amount and duration of rehabilitative spousal support that she was awarded under the divorce dec... More...    $0 (11-10-2004 - WV)

Lindsie D.L., (See footnote 1) a minor, by her next friend and legal guardian, Judy P., appeals the February 3, 2003, order of the Circuit Court of Grant County that dismissed what she styled as a "Petition or Motion for Visitation," in which she requested the circuit court to grant her the right to regular visitation with her minor half-sibling. We choose to treat this appeal as a petition ... More...    $0 (12-18-2003 - WV)

This action is before this Court upon an appeal from the January 9, 1990 order of the Circuit Court of Nicholas County, West Virginia. The circuit court granted the parties a divorce based upon the grounds of irreconcilable differences. The appellant was awarded $867.06 per month in alimony, but this amount was subsequently reduced to $1 per year. On appeal, the appellant asks that the initial ... More...    $0 (01-23-1993 - WV)

 In January of 1999, Mr. Richards was hired by the West Virginia Department of Health and Human Resources ("hereinafter referred to as "DHHR") to fill the vacant position of ISM II within the Office of Management Information Systems. In a letter dated April 30, 1999, Mr. Richards' supervisor, Phil Weikle, requested the West Virginia Division of Personnel ("hereinafter referred to as "DOP") to r... More...    $0 (02-27-2003 - 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)

Appellants Leon Richards and Elaine Richards appeal from the August 28, 2001, order of the Circuit Court of Fayette County granting summary judgment to Appellees Roy Kees and Allstate Insurance Company ("Allstate"). At issue below was whether the transmittal of a $200 check by Allstate to Mr. Richards and the cashing of that check, which contained words indicating that it was in final settlement o... More...    $0 (11-07-2002 - 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)

This case is before this Court upon appeal of a final order of the Circuit Court of Kanawha County entered on December 27, 2000. In that order, the circuit court affirmed a decision of the West Virginia Education and State Employees Grievance Board (hereinafter “Grievance Board”) denying a grievance filed by the appellant and petitioner below, Sue Ann Shroyer. In this appeal, Shroyer, ... More...    $0 (04-11-2002 - 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)

Recovery of Lost Wages, Wrongful Interference of Employment - On October 17, 1985, David F. Graf, M.D., a faculty member at the West Virginia University School of Medicine, filed a grievance with the West Virginia Education and Employees Grievance Board regarding the fact that he was not permitted to pursue outside employment as an emergency room physician. ... More...    $1332846 (12-14-1998 - WV)