Parkersburg, WV
Employment and labor Lawyer at Parkersburg, WV
Practice Areas: Employment & Labor, Discrimination ... +3 more
OUTCOME: Reversed in part and remanded
Co-counsel on this WV Supreme Court Appeal on behalf of two whistle-blower attorneys who were terminated by the WV Department of Health and Human Resources. Case dismissed by trial court. WV Supreme C ... ourt reversed in part and remanded.
OUTCOME: Affirmed in part, reversed in part
West Virginia Supreme Court held that the evidence was sufficient to support the jury verdict that defendants' wrongful conduct was based on plaintiffs' gender and was sufficiently severe or pervasive ... to create an abusive work environment in violation of the West Virginia Human Rights Act; [2]-A jury could conclude that while both genders were criticized for their work ethic, the criticism of plaintiffs was much harsher and of a more personal nature because of their gender; [3]-Accordingly, the circuit court properly denied defendants' motion for judgment as a matter of law or for a new trial on the jury's finding of liability; [4]-However, the circuit court erred in denying defendants' motion for judgment as a matter of law on the issue of punitive damages; [5]-Plaintiffs failed to meet the higher standard required of plaintiffs in order to qualify for punitive damages under the Human Rights Act. $500,000 verdict for Plaintiffs for emotional distress affirmed; $500,000 verdict for Plaintiffs for punitive damages reversed.
OUTCOME: Affirmed
Employer's appeal of $450, 000 punitive damages verdict. Punitive damages award unanimously upheld by the West Virginia Supreme Court.
OUTCOME: Settled upon remand from WV Supreme Court
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 Su ... preme Court, reversed and remanded for trial. WV Supreme Court found no immunity for wage claims asserted.
OUTCOME: Plaintiff's breach of contract judgment affirmed
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, b ... ut 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.
OUTCOME: Reversed and remanded to enforce settlement
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 Pla ... intiff appealed from trial court's refusal to enforce settlement. WV Supreme Court ordered settlement enforced.
OUTCOME: Reversed and remanded for trial
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 work ... ers 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.
OUTCOME: Reversed and remanded for trial
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 contrac ... t 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.
OUTCOME: Settled during second appeal to WV Supreme Court
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 D ... efendants' appeal to WV Supreme Court from verdict for Plaintiff.
OUTCOME: Settled on appeal by Defendants to WV Supreme Court
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. Plaint ... iff prevailed. Fourth Circuit decision recognized individual manager liabillity under West Virginia Human Rights Act.
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