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Leman Walton Auvil

Leman Auvil’s Legal Cases

8 total

  • St. Peter v. AMPAK-DIVISION OF GATEWOOD PRODUCTS, INC.

    Practice Area:
    Wrongful Termination
    Date:
    Feb 21, 1997
    Outcome:
    Settled during second appeal to WV Supreme Court
    Description:
    Plant manager terminated after an on the job injury. Case initially dismissed. Reversed and remanded on Plaintiff's appeal to WV Supreme Court. Tried to jury. Plaintiff prevailed. Settled during Defendants' appeal to WV Supreme Court from verdict for Plaintiff.
  • Beichler v. West Virginia University at Parkersburg

    Practice Area:
    Employment & Labor
    Date:
    Sep 16, 2010
    Outcome:
    Settled upon remand from WV Supreme Court
    Description:
    Plaintiff was a professor at WVU-Parkersburg. Upon termination he filed action under WV Wage Payment and Collection Act for alleged unpaid wages. Case dismissed on state immunity. On appeal to WV Supreme Court, reversed and remanded for trial. WV Supreme Court found no immunity for wage claims asserted.
  • Marshall v. Manville Sales Corporation

    Practice Area:
    Employment & Labor
    Date:
    Oct 04, 1993
    Outcome:
    Settled on appeal by Defendants to WV Supreme Court
    Description:
    United States Court of Appeals, Fourth Circuit. Fourth Circuit reversed U.S. District Court dismissal of Plainitff's age discrimination case. Upon remand to WV state court, case tried to jury. Plaintiff prevailed. Fourth Circuit decision recognized individual manager liabillity under West Virginia Human Rights Act.
  • Messer v. Huntington Anesthesia Group, Inc., et al.

    Practice Area:
    Employment & Labor
    Date:
    Jul 07, 2005
    Outcome:
    Reversed and remanded for trial
    Description:
    Plaintiff appealed from dismissal of her West Virginia Human Rights Act handicap discrimination case. Plaintiff's physical limitations stemmed from an on the job injury for which she had recieved workers compensation. Trial court dismissed on workers compensation exclusivity. On appeal WV Supreme Court reversed and remanded, holding that workers compensation exclusivity did not bar Plaintiff's Human Rights Act claim.
  • Messer v. Huntington Anesthesia Group, Inc., et al.

    Practice Area:
    Employment & Labor
    Date:
    Jun 26, 2008
    Outcome:
    Reversed and remanded to enforce settlement
    Description:
    Upon remand from WV Supreme Court's reversal of dismissal of Plaintiff's West Virginia Human Rights act handicap discrimination case in Messer I, case settled. Defendants repudiated settlement and Plaintiff appealed from trial court's refusal to enforce settlement. WV Supreme Court ordered settlement enforced.
  • Benson v. AJR, Inc.

    Practice Area:
    Employment & Labor
    Date:
    Apr 16, 2004
    Outcome:
    Reversed and remanded for trial
    Description:
    Plaintiff tested positive for cocaine and was terminated. His individual employment contract provided that termination for "dishonesty" would negate payment of salary agreed upon for remaining contract term. Trial court dismissed breach of contract claim, holding that cocaine use was inherently dishonest. WV Supreme Court reversed, holding that it was a jury question whether Plaintiff was fired for dishonesty or for some other cause, such as the failed drug test.
  • Benson v. AJR, Inc.

    Practice Area:
    Employment & Labor
    Date:
    Jan 28, 2010
    Outcome:
    Plaintiff's breach of contract judgment affirmed
    Description:
    On remand from WV Supreme Court in Benson I, a jury trial was conducted on the issue of the reason for Plaintiff's termination. Jury determined that Plaintiff was terminated for failing a drug test, but not for dishonesty. Trial court entered judgment for Plaintiff on breach of contract, in compliance with Benson I. On appeal to WV Supreme Court, the trial court judgment for Plaintiff was affirmed in Benson II.
  • REM Cmty. Options v. Cain, 2012 W. Va. LEXIS 852

    Practice Area:
    Employment & Labor
    Date:
    Nov 16, 2012
    Outcome:
    Affirmed
    Description:
    Employer's appeal of $450, 000 punitive damages verdict. Punitive damages award unanimously upheld by the West Virginia Supreme Court.