Representative Cases

The outcome of any given case depends on a variety of factors unique to that case. As a result, the following representative cases cannot, and do not, predict similar results in any future case:

David Crawford, et al., on behalf of themselves and all others similarly situated, v. Spartan Mining Company and Don Blankenship, Fayette County Circuit Court (Judge Blake) -- Age Discrimination, Employment Discrimination, Class Action. This case involved a class of over two hundred coal miners who were not hired by this Massey Energy subsidiary. The miners alleged that Massey refused to hire them because of their age, in violation of the West Virginia Human Rights Act. The class was certified and settled. The amount of the settlement is believed to be the largest class age discrimination settlement in the history of West Virginia. (Settlement -- $8.75 million)

Donna Fish v. DuPont -- Wrongful Death. This case involved the wrongful death of Danny Fish, who died after being exposed to a chemical leak at DuPont's plant in Belle, West Virginia. Mr. Fish was an exemplary employee, who worked for DuPont for more than thirty years. While conducting a routine safety check, he was exposed to phosgene gas (also known as "mustard gas") when a short hose containing the highly toxic chemical ruptured. Mr. Fish is survived by his wife, Donna, and their son, Kyle. (Pre-Complaint Confidential Settlement)

Jonathan Jones, on behalf of himself and all others similarly situated, v. United Bank, Inc., Jackson County Circuit Court (Judge Evans) -- Unfair or Deceptive Acts or Practices, Class Action. This case involved a class of over 47,000 consumers who were subjected to allegedly unlawful practices related to the bank's resequencing of debit charges from highest to lowest dollar amount, resulting in the improper assessment of overdraft and insufficient funds charges. The class was certified and the case was settled. (Settlement -- $3.3 million.)

Russell and Nancy MacClellan v. DaimlerChrysler Corporation and Courts Motors, Inc., Kanawha County Circuit Court (Judge Kaufman) -- Auto Sales Fraud and Unfair or Deceptive Practices. This case involved the failure of DaimlerChrysler and its authorized dealer to disclose the material fact that a vehicle had previously been repurchased from its original owner because it was a "lemon." (Confidential Settlement)

Anthony and Gerri Riffle, on behalf of themselves and all others similarly situated, v. White Chrysler-Plymouth-Dodge of Ripley, Inc., G. F. White, Paul White and Bank One, West Virginia, N.A., U. S. Bankruptcy Court for the Southern District of WV (Judge Pearson) -- Auto Sales Fraud, Unfair or Deceptive Practices, Civil Conspiracy and Joint Venture. This case was a class action on behalf of nearly 100 consumers who were not informed about the existence of a large "balloon payment" in their auto loan contract. (Settlement -- $2.1 million)

Stacy Nutter, on behalf of himself and all others similarly situated, v. M&T Bank, Mason County Circuit Court (Judge Nibert) -- Unfair Debt Collection Practices, Class Action. This case involved a class of nearly seven hundred West Virginia consumers who received allegedly unlawful communications in an attempt by M&T Bank to collect a debt related to certain auto loans. The class was certified and the case was settled. (Settlement -- $4.7 million.)

Mary Martin v. WVU Hospitals, Inc., U. S. District Court for the Northern District of WV (Judge Stamp) -- Family and Medical Leave Act (FMLA), Disability Discrimination and Wrongful Discharge. Ms. Martin worked as a discharge planner at Chestnut Ridge Hospital. She alleged that, in violation of the law, she was not reinstated to a comparable or equivalent position of employment following her release to return to work after an FMLA and short-term disability leave of absence (involving postpartum depression). (Confidential Settlement)

Kelly and Michael Tinsley v. DaimlerChrysler Corporation and Courts Motors, Inc., Kanawha County Circuit Court (Judge Stucky) -- Auto Sales Fraud and Unfair or Deceptive Practices. This case involved the failure of DaimlerChrysler and its authorized dealer to disclose the material fact that a vehicle sold to Mr. and Mrs. Tinsley had previously been repurchased from its original owner because it was a "lemon." While the case was settled for a confidential sum, the Court subsequently awarded Plaintiffs $236,000 to cover their attorney fees and litigation costs. (Confidential Settlement)

Carl and Terry Milam v. Fleetwood Homes, Roane County Circuit Court (Judge Nibert) -- Mobile Home Breach of Warranty and Unfair or Deceptive Practices. This case dealt with multiple manufacturing defects and installation errors involving a mobile home purchased by Mr. and Mrs. Milam from The Home Show in Spencer. (Jury Verdict for Consumers on All Claims)

Belinda Muovich v. Raleigh County Board of Education, U. S. District Court for the Southern District of WV (Judge Chambers) -- Disability Discrimination and Wrongful Discharge. Ms. Muovich worked as an elementary school teacher. She developed a serious medical condition that required a reasonable accommodation by her employer. Unfortunately, her employer refused to provide any accommodation (which caused her medical condition to deteriorate further). As a result, she was unable to continue teaching. (Jury Verdict of $393,000 for Employee, plus attorney fees and litigation costs of $325,000)

Larry and Carolyn George v. DaimlerChrysler Corporation, Kanawha County Circuit Court (Judge Stucky) -- Breach of Implied Warranty of Merchantability. (Jury Verdict for Consumers, plus attorney fees and litigation costs)

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