Practice Areas
Blog 
General
Firm News
Metal on Metal Hip Replacements Are Failing at High Rates
Posted on 1/4/2012
Suit Against Jefferson County Parks and Recreation Commission
Posted on 10/16/2010
Waddell named top 100 Lawyer
Posted on 8/5/2010
Class action settlement for pretrial detainees who were strip searched at correctional center
Posted on 3/25/2009
Harry Waddell selected for inclusion in West Virginia Super Lawyers
Posted on 1/29/2009
Harry Waddell elected President of Employment Lawyers Association
Posted on 10/28/2007
Randy Funkhouser Cleared of All Charges
Posted on 10/17/2007
General
Racial Profiling Civil Rights Comlaint Filed
Waddell Law Offices filed a federal civil rights action on August 31, 2011 on behalf of two black men who were unlawfully arrested without probable cause.Many elderly ICU patients may be receiving unnecessary prescriptions.
Medscape reported, "More than half of elderly people admitted to the intensive care unit (ICU) receive prescriptions for drugs they do not need when it's time to go home, according to a study presented at the Society of Critical Care Medicine 40th Critical Care Congress." One "example is the use of an antipsychotic...to combat the delirium that is common in the ICU. Such a" medication "should be stopped at discharge, because there is no longer a need for it."Massey miners' families weigh settlement vs. litigation options.
The Pittsburgh Tribune-Review reported families of the victims of the West Virginia coal mine explosion "wonder whether they should accept a $3 million offer to settle civil litigation arising from the April 5 blast. Others wonder whether a lawsuit would force operator Massey Energy Co. to disclose what happened inside the Upper Big Branch mine." Nancy Burgess said she refuses to settle until "they have some answers." So far, seven families have accepted Massey Energy's settlement and benefits package. Additionally, families were offered beneficiary life insurance, "20 years of health benefits," and college scholarships for miners' children. Attorney Harry Bell called the package "strong" and "a very smart defensive strategy." But he added, "if it comes out during the course of the investigations that there was willful neglect -- well, then you're looking at a case that has a higher value."Study shows Supreme Court increasingly business-friendly
The New York Times reported an analysis of about 1,450 Supreme Court decisions since 1953 showed the court under Chief Justice John G. Roberts Jr. "ruled for business interests 61 percent of the time, compared with 46 percent in the last five years of the court led by Chief Justice William H. Rehnquist." For example, the Times cites 13 of 16 cases in which justices "favored the" US Chamber of Commerce, which threw its lobbying power to lift campaign spending restrictions in the Citizens United decision, and urged the court to consider class-action status in Wal-Mart's gender discrimination suit. The joint study by Northwestern University and the University of Chicago added the court's "engagement with business issues has risen along with the emergence of a breed of lawyers specializing in Supreme Court advocacy ..."Court Chooses Guardians for Orphaned Arguments
From the New York Times:"Adam G. Ciongoli, the general counsel of a big insurance company, argued a case before the Supreme Court last week. But he was not representing his employer. Indeed, he was not representing any client at all.
Mr. Ciongoli was there because neither the prosecution nor the defense was willing to support a particularly harsh sentencing decision from the federal appeals court in St. Louis. The Supreme Court had appointed him to defend the decision because no one else would.
The court uses that odd procedure roughly every year or so. It is a great honor for the lawyer involved, but it raises questions about whether the court is engaged in a kind of judicial activism in shaping the case before it.
The adversary system generally allows the parties to decide which issues to present. And the Constitution says that federal courts should decide only actual cases and controversies.
In an article to be published in the Stanford Law Review in April, Brian P. Goldman analyzed the phenomenon of appointing lawyers to argue positions abandoned by the parties.
He found that the Supreme Court had named more than 40 lawyers to argue such positions, and he concluded that about a third of the appointments were problematic examples of “judicial agenda-setting” at the expense of “party autonomy.”
But Mr. Goldman said Mr. Ciongoli’s appointment was “not improper” because it concerned a point that the parties were not free to decide for themselves. The question in the case, Pepper v. United States, was whether judges who resentence defendants after an appellate reversal may take account of the defendants’ conduct in the meantime."
NYT Editorial: Wal-Mart Class Action Must Continue
The New York Times opined today that the largest discrimination class action in United States history should be able to go on as planned after the Supreme Court placed the case on its upcoming docket schedule. Rule 23 of the Federal Rules of Civil Procedure, defining class actions, sets no limit on size. Its purpose is to make it more efficient to litigate cases involving many people with common claims — specifically challenges of a large group of plaintiffs. The Times stated that, "If Wal-Mart discriminated against female employees on a scale matching the company’s reach, justice must be expansive enough to give them their due."Court to look at huge Wal-Mart sex bias lawsuit
The Supreme Court will consider whether to keep alive the largest job discrimination case in U.S. history, a lawsuit against Wal-Mart that grew from a half-dozen women to a class action that could involve billions of dollars for more than a half million female workers.Wal-Mart is trying to halt the lawsuit, with the backing of many other big companies concerned about rules for class-action cases — those in which people with similar interests increase their leverage by joining in a single claim. Class actions against discount seller Costco and the tobacco industry are among pending claims that the high court's decision might alter.
The suit against Wal-Mart Stores Inc. contends that women at Wal-Mart and Sam's Club stores are paid less and promoted less often than men. The case the high court accepted on Monday will not examine whether the claims are true, only whether they can be tried together.
Estimates of the size of the class range from 500,000 to 1.5 million women who work or once worked for Wal-Mart.
Warning: Hot Coffee may change the way you view our justice system
The link provides a very interesting and brief look at a new documentary entitled "Hot Coffee." This new documentary by Susan Saladoff examines how a case involving McDonald's and hot coffee put a light on America's litigation system. Additionally, the documentary debunks myths and false information that was spread around this case. Saladoff also examines how liability caps on lawsuits can protect the guilty at the expense of their victims and what happens when the U.S. Chamber of Commerce spends millions of dollars to get business-friendly judges elected.Negotiations Break Off in Massey Contamination Suit
The Wall Street Journal reported that talks between West Virginia residents and Massey Energy Company to settle a contamination suit broke down on Tuesday, sending the matter to trial in August. Massey attorney Shane Harvey said "We look forward to proving that our mining had no impact on the plaintiffs' wells." The suit seeks upwards of $100 million and tags Massey with pumping coal mining waste into mines that subsequently leaked into residents' water supply. Experts say the case could set a precedent for insurance waste-exemption provisions that relate to coal companies. They say the case could also set a standard for subsequent law suits that blame coal-contamination for health problems. Also at issue in the case is Massey's dispute with insurance companies, whose contamination exclusion provisions exempt them from covering residents' claims.Hundreds gather in West Virginia as judges begin 3-day mediation of slurry pollution lawsuit
More than 700 people crowded into the Charleston Civic Center to begin mediation in lawsuits against A.T. Massey Energy. The lawsuits were filed on complaints of water contaimination from slurry due to coal mining. Judges Alan Moats and Derek Swope are members of a five-judge mass litigation panel working to see if the case can be resolved through mediation. If a settlement is reached, a trial next summer will be averted. If not, the case will proceed with three other judges who are continuing to prepare.Hundreds of people showed up in cars and buses, some carrying jars of red, orange and brown water they believe is tainted with the mystery chemical soup that is coal slurry.
Consumers' right to file class action in danger
While it hasn't gotten lots of media attention, a case that will go before the Supreme Court this week may have disatrous impacts on the United States Consumer. The case is AT&T Mobility vs. Concepcion. The basic question before the court is whether companies can bar class actions in the fine print of their take-it-or-leave-it contracts with customers and employees. If the Supreme Court rules in favor of AT&T, the ruling could potentially limit or bar class action suits against big corporations. At issue at next week's court hearing is whether the Federal Arbitration Act of 1925 preempts state courts from striking down class-action bans. The federal law requires both sides in a dispute to take their grievance to an arbitrator, rather than a court, if both sides have agreed in advance to do so. This will definitely be one to watch!Suit Claims airline discriminates against the blind
A class-action lawsuit has been filed against United Airlines on behalf of blind passengers who say they cannot use the touch screen kiosks at airports. The kiosks provide passengers with vital flight information and allow them to print boarding passes. The suit claims it would be easy for United to add some audio or tactile features, but their failure to do so is discriminatory. The suit accuses the airline of violating the Air Carrier Access Act, which requires airlines to provide special services for passengers who aren't physically capable of using kiosks.Study: Civil Suits uncover nursing home abuse
A new study by the American Association of Justice has found that civil suits are the best venue for uncovering nursing home abuse. While government regulations have been established to help uncover such abuses, the study finds that legislative and regulatory systems have been unable to cope with the rise in neglect and abuse cases in nursing homes.The study also asserts that insurance companies are more likely to take advantage of older patients with practices like miscalculating mortality rates, denying claims and cutting off benefits for needed treatments.
Why have Federal Civil Jury Trials Declined?
From the Wall Stree Journal, this article discusses many reasons why the federal civil jury trial has declined.In 1962, 11.5% of federal civil cases went to trial, compared with 6.1% in 1982, 1.8% in 2002 and 1.2% in 2009. These numbers show just how significantly federal civil jury trials have decreased.
Lawsuit seeks to invalidate red light cameras
In a recent Florida lawsuits, attorneys have challenged the constitutionality of red-light cameras. Red-light cameras, in essence, capture motorists on film when they run red-lights. In Florida, the particular law being challenged fines motorists $158 or, nothing, if the motorist can offer proof that he/she wasn't driving the car at the time.The law is being challenged on constitutional grounds, claiming that it runs contrary to the belief that all people are innocent until proven guilty.
Forced arbitration is in most consumer contracts
Excellent article from the Baltimore Sun showing how more and more companies are using forced arbitration in sales contracts to prevent consumers from filing lawsuits.Civil Actions Promote Safety
A first in a series of articles that highlights how lawsuits promote greater safety of consumer products and encourage corporations to make safer, more effective consumer products.http://www.asianjournal.com/consumer/atty-conrado-qjoeq-sayas/6254-civil-actions-promote-safety-in-cars-a-other-products--part-1-.html?showall=1
New survey highlights need for representation in civil suits
A recent survey conducted by the Coalition for Justice highlights the need for representation in a civil law suit. The survey, answered by 986 state court judges from around the nation, found that a pro se litigant (one without representation) has a much greater risk of having negative results than an individual who is represented by an attorney. Moreover, the survey found that individuals who attempt litigation on their own usually end up taking more time to complete their litigation, usually because of a lack of knowledge of procedural and evidentiary rules.More problems for Toyota
Toyota Motor Corp. has stopped all sales of its 2010 Lexus HS 250h hybrid after government tests showed it could leak fuel in a rear-end collision.
The Japanese automaker said it was also recalling roughly 13,000 HS sedans that have already been sold and 4,000 that are still on dealership lots.
A remedy for the problem has not yet been determined, Toyota spokesman Brian Lyons said.
The National Highway Traffic Safety Administration, in a recall filing Friday, said that the defect "could result in a fire." A similar problem in the Ford Pinto that has been blamed on 27 deaths led to one of the most publicized recalls of all time, in 1979.
Fixing Iqbal: Restoring Americans' Access To Justice
Good general information from the American Association for Justice on the Supreme Court's recent ruling in Iqbal.Interesting discrimination suit against cable giant Comcast
A former Comcast employee alleging he suffered years of racial discrimination and harassment at the hands of his employers is now suing the cable giant.Timothy Morrison, a Naples resident, had worked for Comcast for 10 years when he was fired by the company in October 2009. Morrison, who is black, alleges in a lawsuit filed Tuesday that from the moment he transferred to Naples from Chicago in 2006 he received discriminatory treatment from his white supervisors and was retaliated against when he complained.
Feds recall another 2 million drop-side cribs
In a sign of the lingering danger posed by a common baby product, federal regulators on Thursday recalled another 2 million drop-side cribs for deadly hazards.
The moveable sides that raise and lower on such cribs make it easier to whisk away crying babies without straining parents' backs. But the sides repeatedly malfunctioned in ways that were hard to spot, leading to horrific scenes in nurseries around the nation.
When the sides separate from the crib, babies' bodies can slip into the resulting gap. Their heads get trapped, and they hang to death or suffocate. At least 32 children died when their drop-side cribs malfunctioned, and the U.S. Consumer Product Safety Commission said another 14 babies' deaths may be linked to drop sides.
Now, after years of missed warnings, regulators and companies are taking actions that signal the end of the line for the drop-side crib.
Thursday's sweeping recall put to rest the idea that these problems were isolated to a couple of companies that mass-produced cheap cribs in China. The recall included cribs made in the United States, Italy, Canada and seven other countries. Some cost as much as $500.
"Don't use a drop-side crib. Period," said Nancy Cowles, who for years has pushed for stronger safety rules for cribs as executive director of Kids In Danger, a Chicago-based advocacy group.
The Tribune first exposed the dangers of these faulty cribs in 2007 as part of a Pulitzer Prize-winning series. That prompted the first of the big drop-side crib recalls. Thursday's recall includes certain models under the Child Craft, Delta Enterprise, Evenflo, Jardine, Bona Vita, Babi Italia, ISSI, Million Dollar Baby and Simmons brands. The action brings to 9 million the number of drop-side cribs that have been recalled in recent years.
More than 250 consumers reported that the drop sides failed on these cribs, which were manufactured between 2000 and 2009, the safety commission said. When the sides separated, 44 babies fell from their cribs or were trapped but freed in time, the agency said. One baby was knocked unconscious and had to be hospitalized. Another broke a collarbone, the agency said.
Six of the manufacturers offered their customers kits designed to immobilize the moving sides of their cribs, and another offered a $25 to $50 rebate on the purchase of a new crib. The head of the CPSC has vowed to include a ban on drop sides in mandatory crib rules likely to be enacted before the end of this year.
New Employment Case Filed September 7, 2007
On September 7, 2007 we filed a civil action on behalf of Lester T. Pigford in the Circuit Court of Berkeley County, West Virginia. The suit is a racial harassment, retaliation and wrongful discharge against Mr. Pigford's former employer of 17 years, Quebecor World Fairfield, Inc. The company operates a printing facility in Martinsburg. After 17 years working of the company, Lester was summarily fired for allegedly "sleeping" on the job because he closed his eyes for a few minutes trying to get rid of a headache. Lester, who is black, was fired with no warning although the company has not fired other white employees accused by the company of the same offense. It appears that Lester had become a target for making complaints of racial harassment against his immediate supervisor. Since his termination, the supervisor has received a promotion.Interesting Article on Nursing Home Liability
Check out the article in the Library which details how large private investment firms are purchasing nursing homes and hiding the true owners to shield themselves from liability for substandard conditions. The typical pattern is this: the private investment firm purchases the nursing home and reduces costs by cutting back on necessary services in order to increase profits. In order to avoid legal responsibility when the substandard care causes injury or death to the nursing home patients, the investment firm hides the true owners by creating a complicated maze of interconnected corporations with little or no assets. Because the investment firms are not publicly traded corporations, they can hide disclosure that they are the true owners.New whistleblower protection blog
The National Whistleblower Center has announced the creation of a new resource, The Whistleblower Protection Blog (www.WhistleblowersBlog.org). You can visit the blog to find: Updates on Whistleblower Legislation; Analysis of Major Whistleblower Legal Decisions and Issues; A Public forum for Discussing Whistleblower Issues; FAQs for Protecting Whistleblowers; and Information on the Latest Whistleblower Law Publications. You can find the link to the blog under the Resources section of this site.
Quick Contact
The Law Offices of Harry Waddell
300 West Martin Street
Martinsburg, WV 25401
Phone: (304) 263-4988
Fax: (304) 262-2498
Get Directions
Attorney web design by Foster Web Marketing, the best attorney website design solution on the Web offering search engine optimization for attorneys, lawyer website design, video for attorneys, and more.
Get SEO Tips from The Attorney Internet Marketing Blog