Charleston, West Virginia insurance law lawyer represented Plaintiff who sued Defendant on a bad faith breach of insurance contract theory.

This case was filed in the Circuit Court, Kanawha County, West Virginia, case number 18-C-261, and was removed to federal court by the Defendant.

§33-11-4a. Complaints by third-party claimants; elimination of private cause of action.
<... More...    $0 (04-03-2023 - 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)

Milwaukee, Wisconsin - Wisconsin-Based Nonprofit To Pay $1.9 Million To Settle Allegations Of False Claims And Kickbacks On Federal Contracts For Blind Workers

Industries for the Blind and Visually Impaired Inc. (IBI) has agreed to pay the United States $1,938,684.09 to resolve allegations that IBI violated the False Claims Act and the Anti-Kickback Act in connection with certain federal ... More...    $1938684 (10-01-2020 - 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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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 (“BLBAâ€�). The Benefits Review Board (“BRBâ€�) 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)

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)

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)

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 “Appellantsâ€�) — 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)

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

Once again, this Court is asked to consider the constitutionality, vel non, of W. Va. Code § 55-7B-8 which places a limit or “capâ€� on compensatory damages for noneconomic loss awarded in a medical professional liability action. On two prior occasions, in the cases of Robinson v. Charleston Area Medical Center, Inc., 186 W. Va. 720, 414 S.E.2d 877 (1991) and Verba v. Ghaphery, 210 W. Va. 30, 5... More...    $0 (06-22-2011 - 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)

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)

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)

Steven Witt brought this § 1983 Fourth Amendment excessive force case against the West Virginia State Police and three troopers. After dismissing Witt’s claims against the State Police and the troopers in their official capacity, the district court refused to grant summary judgment to the troopers in their individual capacity. Contending that qualified immunity protects them from suit, the troo... More...    $0 (02-04-2011 - WV)

In this case, police officers executed a late-night, no-knock entry into a family’s home. Though the officers claim that exigent circumstances justified their conduct, we agree with the district court that the remarkably scanty rationale offered for the no-knock invasion makes an award of qualified immu- nity inappropriate. With respect to the denial of qualified immunity on plaintiffs’ other ... More...    $0 (01-14-2011 - WV)