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West Virginia, Mississippi, Alabama, Louisiana, California Ranked Worst Lawsuit Climates In The Nation

LOS ANGELES — The U.S. Chamber’s Institute for Legal Reform (ILR) on March 22 released its survey ranking the states with the best and worst legal climates in the country. According to the survey, the states with the worst legal climates are California (46th), Alabama (47th), Mississippi...

More Investors Suing Over West Virginia Mine Disaster

CHARLESTON, W.Va. – (AP) More institutional investors in Massey Energy Co. are suing the company's board of directors over the recent underground disaster that killed 29 coal miners. The New Jersey Building Laborers Pension Fund blames failures by Chairman Don Blankenship and other board members...

W.Va. Treasurer's Daughter Sues Marshall BOG, Prof

HUNTINGTON W.Va. - (AP) Marshall University's Board of Governors and a professor are being sued by the daughter of West Virginia Treasurer John Perdue. Emily Perdue's lawsuit claims her right to privacy was violated by the unauthorized release of personal information and a transcript of her grades...

Federal Judge Dismisses States' Gun Lawsuit

HELENA, Mont. - (AP) A federal judge in Missoula has dismissed a lawsuit by gun rights advocates and states seeking freedom from federal gun laws, a move that the advocates promised to appeal. The decision Wednesday from U.S. District Judge Donald Molloy was expected since his magistrate a month ago...

Aracoma Survivors Settle Lawsuits With Massey Energy

CHARLESTON, W.Va. - (AP) Nine miners who survived a deadly fire at a Massey Energy coal mine four years ago have settled their lawsuits against the company. The Charleston Gazette reported Monday that the settlements were reached last week ahead of a trial. . . . Full version available to lexis.com subscribers...

For Hundreds, Lawsuit Over Coal Slurry Unresolved

MORGANTOWN, W.Va. - (AP) Eighteen months ago, Christina Doyle packed up her two kids for an eight-hour journey to a West Virginia courthouse, hoping for some resolution to a lawsuit o ver water pollution she believes caused her daughter's learning disabilities and slow growth. This weekend, the 32...

Judge OKs $70M DuPont Waste Pile Settlement In West Virginia

CHARLESTON, W.Va. - (AP) Chemical maker DuPont Co. will pay $70 million and fund long-term medical monitoring for residents of a West Virginia town who sued over pollution from a zinc smelter and its 100-foot-tall pile of waste. A state judge approved the settlement Tuesday that ends years of court battles...

Judge: Bayer Can't Produce Toxic Chemical In West Virginia

CHARLESTON, W.Va. - (AP) A federal judge on Thursday temporarily barred Bayer CropScience from using a West Virginia plant to produce the same toxic chemical that killed thousands in India in 1984. U.S. District Judge Joseph R. Goodwin issued the temporary restraining at the request of residents, some...

Lobbying Group Weighs In On W.Va. Chemical Lawsuit

CHARLESTON, W.Va. - (AP) A national lobbying group for the chemical industry wants a federal judge in West Virginia to tread lightly in a lawsuit over a deadly chemical stored at a Bayer CropScience plant, arguing his rulings could have nationwide implications. In a friend-of-the-court brief filed Monday...

Feds: Stall Document Release In Massey Mine Blast Lawsuit

CHARLESTON, W.Va. - (AP) Federal prosecutors want to block Massey Energy Co. shareholders from reviewing documents gathered during civil and criminal investigations into last April's deadly explosion at the Upper Big Branch Mine in West Virginia. Shareholders are suing Virginia-based Massey, its...

Decades-Old Toxic Gas Threat Lifts From West Virginia Town

INSTITUTE, W.Va. - (AP) For the first time in 26 years, Barbara Oden can let go of the image that has haunted her poisonous gas leaking from a Union Carbide tank and killing thousands of people in Bhopal, India, in the world's deadliest industrial disaster. On Friday, she and other residents of....

Massey Wins Lawsuit Over Coal Dust At West Virginia School

MORGANTOWN, W.Va. - (AP) Jurors have rejected claims that a Massey Energy coal-loading silo built near a southern West Virginia elementary school exposed hundreds of children to possible health problems, a decision the energy giant said Friday was an important victory. The class-action lawsuit, which...

Massey: West Virginia Mine Families Offered $3 Million Deals

CHARLESTON, W.Va. - (AP) Massey Energy Co. has offered families of the 29 miners killed in the Upper Big Branch coal mine explosion $3 million apiece to settle their claims, according to a document filed with the U.S. Securities and Exchange Commission. The detail included in the filing is Massey's...

Massey Faces More Lawsuits From West Virginia Explosion

CHARLESTON, W.Va. - (AP) Massey Energy Co. says it is facing more lawsuits filed by miners and the families of miners killed in the Upper Big Branch mine explosion last year. The Richmond, Va.-based mining company said in a regulatory filing Tuesday that the number of wrongful death suits has risen....

Supreme Court: Federal Court Erred In Precluding State Court Baycol Class Action

WASHINGTON, D.C. - (Mealey's) A unanimous U.S. Supreme Court ruled Jun. 16 that a federal court presiding over federal Baycol lawsuits improperly enjoined a West Virginia state court from considering a class action involving the heart drug ( Keith Smith, et al. v. Bayer Corporation , No. 09-1205...

$2 Million, Mostly Punitives, Awarded In Retrial Of 1st Bard MDL Pelvic Mesh Injury Case

CHARLESTON, W. VA. — (Mealey’s) A West Virginia federal jury on Aug. 15 awarded $2 million in compensatory and punitive damages in the first multidistrict litigation bellwether trial involving a pelvic mesh device made by C.R. Bard Inc. ( Donna Cisson, et al. v. C.R. Bard, Inc. , No. 2:11...

Judgment As Matter Of Law Granted In 1st Ethicon Pelvic Mesh Bellwether Trial

CHARLESTON, W.Va. — (Mealey’s) The first Ethicon pelvic mesh multidistrict litigation bellwether trial ended Feb. 18 when the judge granted the defendant’s motion for judgment as a matter of law ( In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL Docket No...

MDL Jury Awards $3.27 Million In 2nd Ethicon Pelvic Mesh Trial

CHARLESTON, W.Va. — (Mealey’s) A West Virginia federal jury on Sept. 5 returned a $3.27 million verdict in the second Ethicon Inc. multidistrict litigation pelvic mesh bellwether trial (Jo Huskey, et al. v. Ethicon, Inc., et al., No. 2:12-5201, S.D. W.Va.). After deliberating for less...

W.Va. Jury Finds Spoliation Of Evidence, Awards $155,000 Against Actos Manufacturer Takeda

MARTINSBURG, W.Va. — (Mealey’s) A West Virginia state court jury on Nov. 17 found that Actos is not unsafe and that manufacturer Takeda Pharmaceutical Co. Ltd. was not negligent in the case of a man who developed bladder cancer while taking the diabetes drug, but the panel did find spoliation...

Steptoe & Johnson PLLC: W. Va. Residential Homeowner Can Recover Costs of Repairs Even If Greater Than Fair Market Value of House

By Eric J. Hulett, Member Until recently, owners of damaged homes in West Virginia had some limits on the amount of damages they could recover in a lawsuit. Now, the West Virginia Supreme Court of Appeals has significantly revised prior case law and expanded available damages in Brooks et al v. City...

March 2014 Jury Verdict Round-Up: Top 5 Personal Injury Verdicts

During February 2014, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. We’ve come up with an informal list of the top five cases that really captured our attention this past month. If you are interested in submitting...

Supreme Court Lets Stand West Virginia Ruling Striking Plaintiffs’ Tobacco Claims

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 8 declined to review a ruling by the West Virginia Supreme Court of Appeals rejecting the claims of more than 1,000 state residents against the tobacco industry ( Ronald Accord, et al. v. Philip Morris USA Inc., et al. , No. 14...