Attorney Blog

Metal on Metal Hip Replacements Are Failing at High Rates

Wed, 04 Jan 2012 08:00:00 EST

Until recently, all metal hip replacements were one-third of the hip replacements performed in the United States each year. An all metal model implanted in over 40,000 patients in the United States was recalled last year by the DePuy division of Johnson & Johnson. Over 3,500 paitents have filed lawsuits involving the DePuy implant. The manuafactuers of the hip implants have responded in various ways to patient complaints regarding the implants. Zimmer Holdings has settled hundreds of claims and DePuy is covering costs associated with its recall of the A.S.R. or Articular Surface Replacement device. DePuy also faces over 560 lawsuits involving another all metal hip replacement device called the Pinnacle.

Poisoning Kills More People Than Car Wrecks

Mon, 02 Jan 2012 08:00:00 EST

In 30 states, including West Virginia, drug poisonings are the leading cause of death exceeding even the number of deaths cause by car wrecks. Opioid analgesics were responsible for 14,800 of the 36,500 deaths in 2008 caused by drug poisoning according an analysis published by the National Center for Health Statistics. Hydrocodone (Vicodin) and oxycodone (Percocet and other brand names) outnumbered heroin or cocaine in causing death. The rate of death was highest among 45 to 54 year olds and lowest among those under 24 with the exception of those over age 65. Whites had the highest rate of drug related deaths. West Virginia and several other states including Alaska, New Mexico, Nevada and Utah had the higest rates of drug related poisoning deaths in the country. In 2009-10 over five million people reported using pain relievers without a prescription or only for the feeling caused by the medication.

Racial Profiling Civil Rights Comlaint Filed

Wed, 14 Sep 2011 08:00:00 EST

A racial profiling civil rights action was filed in the United States District Court of the Northern District of West Virginia on August 31, 2011 on behalf of two plaintiffs who alleged that they were unlawfully arrested without probable cause by police officers employed by the Charles Town West Virginia police department. The two men were handcuffed and transported to the Charles Town police department for interrogation by police officers investigating the alleged passing of bad checks at the Bank of Charles Town by black male. After being held by the police for two hours, plaintiffs were told they were not under arrest and were released after they agreed to submit to photographing and finger printing. Plaintiffs' allege that the sole reason they were arrested was because they were black and were in the vicinity of the Bank of Charles Town at the time of the arrest of the unrelated black male for passing bad checks. A copy of the Complaint filed in federal court can be found in the Articles section of the website.

Appellate Decision in Civil Rights Action

Mon, 27 Jun 2011 08:00:00 EST

On June 14 2011, a three judge panel of the Fourth Circuit Court of Appeals affirmed the lower trial court decision awarding Brenda Bosley her attorney's fees and costs in her civil rights case against the Deputy Paul Sabin of the Mineral County Sheriff's Office and the Mineral County Commission. The defendants had filed a Federal Rule 68 offer of judgment which failed to address the issue of attorney's fees or costs. Plaintiff Bosley accepted the offer of judgment and filed a motion seeking the award of her attorney's fees and costs in federal district court. The district court granted her motion and awarded approximately $70,000 in fees and costs. The defendants appealed the order to the Fourth Circuit contending that their offer of judgment was intended to include attorney's fees and costs as it stated that it was in full in complete satisfaction of Bosley's claim against the defendant's. The appeals court rejected the argument of the defendants and found that the plaintiff was entitled to a separate award of attorney's fees and costs in addition to the judgment amount offered by the defendants. A copy of the Court's opinion can be found in the library section of the website.

Important employment law development in federal disability law

Wed, 30 Mar 2011 08:00:00 EST

Congress passed the amendments to the Americans with Disabilities Act in reaction to the United States Supreme Court's restrictive interpretation of the provisions of the ADA which denied work place protection to many individuals with disabilites. The amendments make clear that Congress expects the provisions of the ADA to be interpreted broadly to further its goal of protecting workers with disabilities from unlawful discrimination. The new regulations issued by the EEOC will provide additional guidance to lawyers and the courts in addressing questions of statutory intrepretation of the amendments to the ADA. The regulations can be viewed by going to the resources page of the Waddell website under the topic of employment law.

EEOC probing whether hiring practices discriminate against unemployed applicants

Mon, 28 Feb 2011 08:00:00 EST

In the Legal Intelligencer (2/25), employee rights attorneys Jeffrey Campolongo and Jennie Maura McLaughlin reported the Equal Employment Opportunity Commission is investigating whether employers' hiring practices discriminate against the unemployed. At a February 16 EEOC public meeting, National Employment Law Project Executive Director Christine Owens pointed to several job postings in which employers specified they would not consider unemployed applicants. Owens "also provided anecdotal evidence that recruiters and staffing agencies have been informed by their clients that they will not be considering people who have been out of work for more than a specified period of time." The claim was questioned by others, including a YMCA human resources executive, who suggested unemployed candidates may possess outdated skills "compared with a candidate whose skills are fresh ..."

Waddell obtains positive ruling at Fourth Circuit Court of Appeals

Thu, 10 Feb 2011 08:00:00 EST

Steven Witt, through his attorney Harry Waddell, brought a § 1983 Fourth Amendment excessive force case against the West Virginia State Police and three troopers. After dismissing Witt's claims against the State Police and the troopers in their official capacity, the district court refused to grant summary judgment to the troopers in their individual capacity. Contending that qualified immunity protects them from suit, the troopers timely noted an interlocutory appeal.

However, after submitting written briefs and hearing oral arguments, the Fourth Circuit Court of Appeals dismissed the appeal in favor of Steven Witt. The Court reasoned that "the documentary evidence in this case—the dashboard video—does not "blatantly contradict[ ]" Witt's account of the facts; therefore, it "does not establish that the officers are entitled to summary judgment." See York v. City of Las Cruces, 523 F.3d 1205, 1210-11 (10th Cir. 2008) (refusing to direct grant of summary judgment when an audio tape recorded "only part of the incident involving the [plaintiff] and the police officers"); Blaylock, 504 F.3d at 414 (holding documentary evidence did not establish that plaintiff's version of events was "blatantly and demonstrably false"); see also United States v. Hughes, 606 F.3d 311, 319-20 (6th Cir. 2010) (finding Scott inapplicable, in determining probable cause for search, when documentary evidence made party's account of disputed fact merely "`unlikely,'" rather than "utterly discredited" (internal quotation omitted)). Moreover, the troopers' attempt to "rehash[ ] the factual dispute below" provides no basis for interlocutory appeal of the district court's order denying summary judgment on qualified immunity grounds. Iko, 535 F.3d at 235."

The Court concluded that, "Since the troopers seek to appeal from an order that simply determines that "the pretrial record sets forth a `genuine' issue of fact for trial," Johnson, 515 U.S. at 320, we must dismiss the appeal for lack of jurisdiction."

This judgment will allow Mr. Witt to proceed with his case in the District Court. Attorney Harry P. Waddell of Martinsburg represents Mr. Witt.

Retaliation and Discrimination Suit filed against Post Office

Thu, 03 Feb 2011 08:00:00 EST

Sina Woods contends that she was discriminated against and retaliated against while she was employed by the United States Postal Service as Postmaster at its Shady Spring Post Office in Shady Spring, West Virginia. Over a period of time, the plaintiff contends that her ailing health prohibited her from being able to work her full duties as Postmaster at the Shady Spring Post Office. After several doctor visits, the Plaintiff was diagnosed with severe plantar fasciitis. Due to the pain suffered from this diagnosis, Plaintiff was limited in the amount of work she was able to do. Plaintiff made a request for reasonable accomodation for light duty due to her pain. In May 2003, Plaintiff preseneted an additional request for accommodation asking for her work week not to exceed 20 hours per week. In July 2003, after Plaintiff submitted her Notice of Occupational Disease and Claim for Compensation to the Office of Workers' Compensation Program, a case manager from OCWP inquired into the reasonable accommodations.
In September 2003, Plaintiff's podiatrist updated medical information to OCWP and again diagnosed her with heelspurs and plantar fasciitis. Between November 2003, and April 2004, Plaintiff, through her doctor, submitted multiple requests to extend her reasonable accommodations due to chronic plantar fasciits. On April 15, 2004, Plaintiff has surgery on her right foot in an attempt to alleviate her pain.

In May 2004, Plaintiff's podiatrist concluded that Plaintiff was unable of performing her usual job and was restricted from walking or standing more than two hours and certified that Plaintiff's restrictions were permanent. In January 2005, Plaintiff's OWCP representative sent a letter asking to formulate an appropriate modified job offer. After posting plaintiff's old job in March 2005, Gregord Acord was permanntly assigned Plaintiff's prior title of postmaster at Shady Spring Post Office. Plaintiff claims that her request for reasonable accommodations were refused, prohibiting her to return to a comparable position.

Plaintiff claims that she was an individual with a disability, was qualified for the postion of Postmaster of Shady Sping Post Office, and that she was denied reinstatement to her position because of her disability. Plaintiff further contends that the defendant was aware of Plaintiff's disability, that Plaintiff was able to perform her essential functions of position of Postmaster, and that Defendant failed to engage in an interactive process to provide Plaintiff with a reasonable accommodation. Additionally, Plaintiff contends that defendant's failure to reinstate her to position as Postmaster or to engage in an interactive process with Plaintiff and accommodate her disability was in retaliation for her prior participation in protected EEO activity.

Plaintiff requests relief through compensatory damages, reinstatement to her position as Postmaster, back pay, lost future earnings, attorney's fees and costs, and prejudgment and post-judgment interest. The Plaintiff is represented by employment attorney Harry P. Waddell of Martinsburg.

Data suggests patients in veterans' hospitals receive inadequate osteoporosis evaluation, treatment.

Thu, 03 Feb 2011 08:00:00 EST

MedWire reported, "Few elderly people with hip fracture receive adequate evaluation and treatment for osteoporosis, a study of patients attending US Department of Veterans Affairs (VA) hospitals shows." For the study, published in the journal Osteoporosis International, researchers "reviewed the medical records of 3347 patients treated for hip fracture between 2004 and 2006." They found that "only 42 (1.2%) fracture patients underwent" bone mineral density testing; and "only 487 (14.5%) received osteoporosis therapy within 12 months of fracture."

Many painkiller prescription errors caused by similar looking, sounding monikers.

Thu, 03 Feb 2011 08:00:00 EST

HealthDay reported, "Confusion caused by look-alike and sound-alike names contributes to a large number of the painkiller prescription errors that occur in hospitals," according to a study published in the January issue of The Journal of Pain. Researchers reviewed "714,290 orders for painkillers in a large database of pharmacist-detected-and-

prevented prescribing errors." The researchers found that "the overall error rate was 2.87 per 1,000 prescriptions (2,044 cases) and the rate of potentially serious prescribing errors was 0.63 per 1,000 (449 cases)."

Company fires woman who claimed sexual harassment

Thu, 03 Feb 2011 08:00:00 EST

From American Association for Justice's TRIAL Magazine:

"Lynda Beck, 42, began working in the accounts payable department of Guardian Leasing, Inc. Over the next several months, her supervisor, Harrindor Singh, began asking inappropriate questions about Beck’s sex life and making sexually suggestive gestures. Singh also grabbed Beck’s buttocks and rubbed her leg at work.

Beck rebuffed his advances and complained to the company’s owner and son. After a one-day investigation, they told her that the harassment could not be substantiated.

Beck was subsequently fired for poor performance. She had been earning about $25,000 annually and was out of work for seven months before finding similar employment. Within two years, she was laid off from that job and is now unemployed.

Beck sued Guardian Leasing, alleging sexual harassment and retaliation under Texas law.

The jury awarded $868,000, including $750,000 in punitive damages."

Supreme Court's retaliation ruling a boon to employees.

Wed, 26 Jan 2011 08:00:00 EST

In ongoing analysis of the Supreme Court's ruling on third-party retaliation suits, the Wall Street Journal Law blog reported that Federal law prohibits employers from retaliating against a close relation of a worker who filed a discrimination complaint. Writing on behalf of a unanimous court, Justice Antonin Scalia noted an anti-discrimination provision in the Civil Rights Act of 1964 includes "a broad range of employer conduct" that could dissuade "a reasonable worker" from protesting prejudice.

The Wall Street Journal The Juggle" Blog suggested the ruling will prohibit employers from using retaliation as a scare tactic. It added that the opinion comes as the Equal Employment Opportunity Commission is seeing a rise in retaliation claims against employers.

Patients with dementia often subjected to aggressive treatments, transfers.

Mon, 24 Jan 2011 08:00:00 EST

The New York Times "The New Old Age" blog reported that "dementia patients are often subjected to aggressive treatments and transfers, even though studies show little benefit," according to a study published online Jan. 10 in the Archives of Internal Medicine. In a study involving "more than 300 patients with advanced dementia in Boston-area nursing homes over a period of 18 months," researchers also found that the majority of "hospital trips occurred when patients developed respiratory infections, particularly pneumonia, a common and recurring problem when dementia progresses to its final stages." The study's lead author estimated that approximately three-quarters of hospitalizations could be avoided.

Patients in hospitals where nurses work long hours may be more likely to die of pneumonia, heart attack.

Thu, 20 Jan 2011 08:00:00 EST

HealthDay reported that "patients in hospitals where nurses work long hours are much more likely to die of pneumonia and heart attack," according to a study published in the journal Nursing Research. Investigators "looked at patient outcomes and staffing information at 71 acute care hospitals in Illinois and North Carolina, along with survey responses from 633 nurses who worked at the hospitals." Nursing professor and study author Alison Trinkoff explained, "Alertness and vigilance required for providing good nursing care depend upon having an adequate duration of quality sleep and rest, and long work hours can impact the quality of nursing care and can increase the potential for error."

Many elderly ICU patients may be receiving unnecessary prescriptions.

Wed, 19 Jan 2011 08:00:00 EST

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.

Mon, 03 Jan 2011 08:00:00 EST

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."

LATimes says Wal-Mart class-action ruling will set precedent for discrimination cases.

Mon, 03 Jan 2011 08:00:00 EST

The Los Angeles Times editorializes in favor of a Supreme Court ruling granting class-action status to nearly 500,000 female Wal-Mart employees in a discrimination suit. The Times argues, "class-action suits are often the only way to achieve justice for workers who can't - and shouldn't have to - proceed with anti-discrimination claims individually." It calls the case, which accuses the retailer of paying women less than men "a bold attempt to persuade a conservative Supreme Court to dramatically narrow the criteria for determining what a class is." The Times praised the ruling of an appeals court, which found class certification "reasonable in this case." The Times concludes a ruling in favor of Wal-Mart would mean courts have adopted "narrow interpretations" of civil rights laws "that close the courthouse door to victims of bias."

Many at high heart risk don't get enough drugs

Wed, 22 Dec 2010 08:00:00 EST

Reuters reports on a new study that found patients hospitalized after suffering a heart attack are missing the kind of intensive cholesterol-lowering drugs that could save their lives. It is recommended that people who have survived a heart attack be placed on intensive lipid-lowering therapy, but those guidelines are often not followed, according to data from the new study. Study author Dr. Gregg Fonarow said because physicians are not advising treatments based on what has proven effective, "there are patients that are having coronary events that could have been prevented."

Study shows Supreme Court increasingly business-friendly

Mon, 20 Dec 2010 08:00:00 EST

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 ..."

Many Americans struggling with medical bills sent in error to collection agencies.

Mon, 20 Dec 2010 08:00:00 EST

In "Patient Money," the New York Times reported that "an estimated 14 million Americans are struggling with medical bills that they believe were sent in error to collection agencies, according to the Commonwealth Fund, a nonprofit healthcare research group." What's more, "nearly half of all collection accounts that appear on consumer credit reports are unpaid medical bills, according to a study by the Federal Reserve." Notably, "when medical bills do go unpaid, doctors, hospitals or other medical providers rarely report the debts directly to the big three credit reporting agencies -- Experian, TransUnion and Equifax -- as most creditors would," but instead "sell unpaid bills to collection agencies for pennies on the dollar."

Court Chooses Guardians for Orphaned Arguments

Tue, 14 Dec 2010 08:00:00 EST

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."

Class action suits rise as employers misclassify workers.

Tue, 14 Dec 2010 08:00:00 EST

The USA TODAY has reported that, "The number of worker class-action lawsuits claiming that employers misclassified them as independent contractors rose 50% this year to a record 300 or so, says Garry Mathiason, vice chairman of labor law firm Littler Mendelson." Consequently, "state and federal authorities, as well as workers themselves, sharply increased crackdowns this year on companies that misclassify employees as independent contractors." Interstate Labor Standards Association head Jack Finn says states have passed about 20 laws in "the past two years that make it easier to force employers to reclassify contractors as employees and seek unpaid taxes." USA Today notes "Companies are increasingly using contractors to meet peaks in demand and complete short-term projects. The trend intensified in the recession as firms cut staff."

NYT Editorial: Wal-Mart Class Action Must Continue

Fri, 10 Dec 2010 08:00:00 EST

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 Allows Discovery of Deleted Facebook and MySpace Pages

Thu, 09 Dec 2010 08:00:00 EST

Millions of people are currently using social networking websites such as Facebook. Along with this usage, people post pictures, thoughts, and a slew of other personal information. Such information, even once deleted, may now be available to opposing parties through discovery requests. In a recent New York trial court a judged entered an order granting the defendant’s request for access to the plaintiff’s “current and historical Facebook and MySpace pages and accounts, including all deleted pages and related information.”

Most interesting about this ruling is that the judge ruled that a privacy setting on a social networking site does not mean that an individual has a guarenteed right to privacy for their information. Because neither Facebook nor MySpace “guarantee complete privacy,” the court determined that the plaintiff had no “legitimate reasonable expectation of privacy” in the information she posted on those websites.

Court to look at huge Wal-Mart sex bias lawsuit

Tue, 07 Dec 2010 08:00:00 EST

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.

Job Rights Reinstated For Discharged Employee

Sun, 05 Dec 2010 08:00:00 EST

As reported earlier, Jack McFarlan, was hired to work as a photo specialist at the Martinsburg Walgreens on January 12, 2009. During the course of his employment, he frequently was required to work with a white supervisor named Tim Jeffries. The plaintiff contends that in his presence Tim Jeffries repeatedly used racially offensive slurs, including repeated use of the word "nigger". Plaintiff reported Mr. Jeffries' us of racially offensive slurs to his supervisor on numerous occasions but no action was taken to to end the conduct. The complaint also alleges that on or about March 11, 2010, Jeffries referred to the plaintiff as "nappy head." When the plaintiff confronted Jefferies about the racial slur he was ordered to go home. When he returned to work the next day, he was discharged for allegedly arguing with a supervisor.

On November 23, 2010, Walgreens offered Mr. McFarlan reinstatement to his job. The offer was unconditional, allowing Mr. McFarlan to proceed with his suit alleging that he was discharged in retaliation for reporting racial harassment. Both the alleged harrasser and the store manager are no longer employed by Walgreens.

Jury Verdict in favor of defamed client

Thu, 02 Dec 2010 08:00:00 EST

A jury of four men and two women deliberated for about 45 minutes Wednesday before finding that Jefferson County Commissioner Patsy Noland defamed a county employee last year by posting comments critical of his job performance on the Internet. The jury awarded Privitera compensatory and punitive damages. Privitera's Attorney, Harry P. Waddel, while wishing the jury would have awarded more in punitive and compensatory damages, was pleased with the outcome of the two-day jury trial noting that the verdict was proof that Noland's comments regarding Privitera represented a "willful, reckless disregard for his rights."

Patient Safety Is Not Improving in Hospitals, Study Finds

Thu, 25 Nov 2010 08:00:00 EST

The New York Times reports that steps to improve patient safety in hospitals are falling short. Researchers found in a study, conducted from 2002 to 2007 in 10 North Carolina hospitals, that harm to patients was common and that the number of incidents did not decrease over time. The most common problems were complications from procedures or drugs and hospital-acquired infections. Instead of improvements, the researchers found a high rate of problems. About 18 percent of patients were harmed by medical care, some more than once, and 63.1 percent of the injuries were judged to be preventable. Most of the problems were temporary and treatable, but some were serious, and a few — 2.4 percent — caused or contributed to a patient’s death, the study found. In 2.9 percent of the cases, patients suffered a permanent injury — brain damage from a stroke that could have been prevented after an operation, for example. A little more than 8 percent of the problems were life-threatening, like severe bleeding during surgery. And 2.4 percent of them caused or contributed to a patient’s death — like bleeding and organ failure after surgery. Medication errors caused problems in 162 cases. Computerized systems for ordering drugs can cut such mistakes by up to 80 percent, Dr. Landrigan said. But only 17 percent of hospitals have such systems.

Warning: Hot Coffee may change the way you view our justice system

Thu, 25 Nov 2010 08:00:00 EST

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.

Whistleblowers instrumental in recovering millions in fraud cases.

Thu, 25 Nov 2010 08:00:00 EST

The National Law Journal reported since 2009, the US Justice Department recouped over five billion under the False Claims Act, much of which came from "health care fraud recovery." Assistant Attorney General Tony West of the Civil Division said the $4.6 billion came from "cases of procurement fraud, grants for small businesses and federal and Indian mineral leases." West also noted that "most of the cases that resulted in a recovery of taxpayer money were brought through the whistleblower provision" of the Act.

Retaliation suit filed against Applebee's in Martinsburg, WV

Fri, 19 Nov 2010 08:00:00 EST

Nikki McClain contends that she was fired by Applebee's after reporting that management in its Martinsburg, West Virginia restaurant condoned multiple incidents of racial and sexual harassment. On June 15, 2010 the plaintiff met with Applebee's Area Supervisor to discuss the use of racial slurs in the workplace, sexual harassment and other misconduct occuring at the Martinsburg restaurant. Ms. McClain alleges that she was told that an investigation of her complaints would be conducted and that she would be notified by Applebee's after it was completed. Instead, she was later informed the Applebee's human resources department that she was no longer an employee of the defendant. She is seeking back pay, lost future earnings, damages for humilation and emotional and mental distress and her attorney's fees and cost. Ms. McClain is represented employment lawyer Harry Waddell. Her case is pending in the Circuit Court of Berkeley County, WV.

Editorial: Preventable medical mistakes take an intolerable toll

Fri, 19 Nov 2010 08:00:00 EST

From the editorial page of the USA Today, comes an excellent editorial raising many valid concerns about hospital safety. In the midst of a recent study showing that 1 in every 7 Medicare patients hospitalized suffer serious injuries due to medical negligence, USA Today offers several solutions to combat these senseless injuries. Some solutions offered include creating medical checklists and providing more transparency.

Study: Treatment mistakes for 1 in 7 hospitalized Medicare patients

Thu, 18 Nov 2010 08:00:00 EST

In a study released Tuesday, the Department of Health and Human Services concluded that one in every seven hospitalized Medicare patients are harmed by treatment mistakes. The report cites a variety of "adverse events" or causes for treatment errors, including excessive bleeding after surgery, urinary tract infections linked to catheters and incorrect medications. Researchers estimate that these types of adverse events contribute to 15,000 deaths per month or 180,000 deaths each year, according to the report.

Needless to say, many patient rights groups find these new statistics quite alarming. Patients concerned about hospitals making harmful mistakes are suggested to bring someone with them to the hospital, be knowledgable about medications taken, and be cautious of catheters.

Negotiations Break Off in Massey Contamination Suit

Wed, 17 Nov 2010 08:00:00 EST

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.

Civil Cases Filed Against Employers Withholding Money from Retirement or Health Accounts

Wed, 17 Nov 2010 08:00:00 EST

The Department of Labor has responsibility for overseeing 708,000 pension plans and 2.5 million health plans nationwide. The companies that have been sued have as few as 10 employees to more than 100. The largest case involves more than $6,000,000 in worker contributions and was filed against Northern Rhode Island Anesthesia Associates PC and its owner. The department alleges that contributions to the company's pension plan were not deposited into the plan and were used instead to benefit the company.
The cases that the department has filed are listed on the department's website at: http://www.dol.gov/ebsa/newsroom/ECI/main.html.

Hundreds gather in West Virginia as judges begin 3-day mediation of slurry pollution lawsuit

Tue, 16 Nov 2010 08:00:00 EST

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

Thu, 11 Nov 2010 08:00:00 EST

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!

US Dialysis patients face one of the highest death rates outside third world

Wed, 10 Nov 2010 08:00:00 EST

A recent study has shown that Dialysis patients in the United States have a death rate comparable to those seen in developing nations even as U.S. taxpayers spend $20 billion a year on dialysis. The study states "Over the course of more than a year, ProPublica reviewed thousands of inspection reports and interviewed more than 100 patients, advocates, doctors, policy makers, researchers and industry experts to get a grasp on American dialysis. The findings were bleak: At clinics from coast to coast, patients commonly receive treatment in settings that are unsanitary and prone to perilous lapses in care. Regulators have few tools and little will to enforce quality standards. Industry consolidation has left patients with fewer choices of provider. The government has withheld critical data about clinics' performance from patients, the very people who need it most. Meanwhile, the two corporate chains that dominate the dialysis-care system are consistently profitable, together making about $2 billion in operating profits a year."

Court Orders employee reinstated

Wed, 10 Nov 2010 08:00:00 EST

A court has ordered a Putnam County employee to be reinstated to her job after being fired for what she claims was criticism over county policy. Barbara Koblinsky, 40, worked as a sanitarian with the department for about two years until she was fired for "insubordination" in February. But a ruling from Administrative Law Judge William B. McGinley orders Koblinsky be reinstated. The health department also is ordered to give Koblinsky back pay with interest, plus benefits and tenure for "denial of statutory rights as a public employee." The County Health Department intends to appeal the Court's order of reinstatement.

Worker Rights Extend to Facebook

Wed, 10 Nov 2010 08:00:00 EST

The National Labor Relations Board has decided that worker rights extend to Facebook. This groundbreaking decision arose when a woman was fired from her position after criticizing her supervisor on her Facebook page. The acting General Counsel for the NLRB stated, "This is a fairly straightforward case under the National Labor Relations Act — whether it takes place on Facebook or at the water cooler, it was employees talking jointly about working conditions, in this case about their supervisor, and they have a right to do that."

Suit Claims airline discriminates against the blind

Mon, 08 Nov 2010 08:00:00 EST

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.

Suit Against Jefferson County Parks and Recreation Commission

Sat, 16 Oct 2010 08:00:00 EST

Former Executive Director of the Jefferson County Parks and Recreation Commission filed suit in the Circuit Court of Jefferson County on October 13, 2010 alleging that he was wrongfully discharged in violation of the West Virginia Open Governmental Proceedings Act and the West Virginia Human Rights Act. The plaintiff also alleges that the Commission President defamed him and invaded his privacy by disclosing to the press false allegations of forgery made in an executive session of the Commission. He seeks reinstatement with full back pay and compensation for humiliation and mental distress.

Can verbal complaints meet the FLSA standard?

Thu, 14 Oct 2010 08:00:00 EST

The National Journal is reporting that "The Supreme Court on Wednesday wrestled with the meaning of the word 'file' in a job retaliation case with potentially huge ramifications for workers who allege wage-and-hour violations by their employers." At "the core of Kasten v. Saint-Gobain Performance Plastics is language in the act's anti-retaliation provision stating that an employee who 'file(s) any complaint' is engaged in protected activity." A "federal district court and the US Court of Appeals for the 7th Circuit" had ruled against Kevin Kasten, "holding that the anti-retaliation provision in the Fair Labor Standards Act (FLSA) protects internal complaints only if they are written."

Citigroup uses the recession to fire women

Thu, 14 Oct 2010 08:00:00 EST

The New York Times is reporting that Citigroup used the recent financial meltdown as a means to rid its workforce of scores of women employees in order to save the jobs of less qualified men employees.

Study: Civil Suits uncover nursing home abuse

Wed, 13 Oct 2010 08:00:00 EST

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.

Big Insurers denied 1 in 7 because of pre-existing conditions

Wed, 13 Oct 2010 08:00:00 EST

The four largest U.S. for-profit health insurers on average denied policies to one out of every seven applicants based on their prior medical history, according to a congressional investigation released Tuesday.

Two top House Democrats said the findings covered 2007 to 2009 for Aetna Inc., Humana Inc., UnitedHealth Group Inc. and WellPoint Inc. In total, the carriers denied coverage to more than 651,000 people due to pre-existing medical conditions over the three-year period.

Under the health-care overhaul legislation, beginning in 2014 insurers can no longer deny coverage because of a pre-existing health condition.

Charles Town resident sues track for race and age discrimination

Mon, 11 Oct 2010 08:00:00 EST

MARTINSBURG-- A Charles Town man has filed suit against PNGI Charles Town Gaming, LLC, dba, Charles Town Races and Slots for race and age discrimination. The plaintiff is a black male over forty years of age. The plaintiff began working in the security department at PNGI in August 2000. He was promoted to the position of supervisor within the security department in 2003. On December 27, 2009, he was asked to escort a patron from the premises of the casino. The patron asked the plaintiff to take him to Wendy's or McDonalds so he could get something to eat while he waited for a ride. Plaintiff acquired a mobile driver and transported the plaintiff to Wendy's.

On December 31, 2009, the plaintiff was informed he was being investigated for allowing an patron to be dropped off at Wendy's. On January 6, 2010, the plaintiff was terminated and replaced by a substantially younger, white female.

The complaint alleges that race and age were motivating factors in the decision to terminate the plaintiff and that he was treated less favorably than similarly situated younger white employees within the security department under the same or similar circumstances.

Plaintiff seeks compensatory damages for humiliation, loss of dignity, mental and emotional stress, lost wages, and loss of future anticipated earnings as a result of the above stated conduct. Plantiff also requests back pay, reinstatement, front pay, lost of future anticipated earnings, and punitive damages in an amount to be proven at trial, plus his costs and attorney's fees, and pre-judgment and post judgment interest. Martinsburg attorney Harry P. Waddell is representing the Plaintiff in this matter.

Suit filed against Walgreens for racial discrimination

Mon, 11 Oct 2010 08:00:00 EST

MARTINSBURG---A Berkeley County man has filed suit against Walgreens for alleged racial discrimination. Plaintiff, Jack McFarlan, was hired to work as a photo specialist at the Martinsburg Walgreens on January 12, 2009. During the course of his employment, the plaintiff frequently was required to work with a white supervisor named Tim Jeffries. Plaintiff contends that in his presence, Tim Jeffries repeatedly used racially offensive slurs, including repeated use of the word "nigger". Plaintiff reported Mr. Jeffries' us of racially offensive slurs to his supervisor on numerous occasions but no action was taken to to end the conduct.

The complaint alleges that on or about March 11, 2010, Jeffries referred to the plaintiff as "nappy head." When the plaintiff confronted Jefferies about the racial slur and was ordered to go home. When the plaintiff returned to work the next day, he was discharged for allegedly arguing with a supervisor.

Plaintiff claims that during his employment with Walgreens, he was subjected to a continuing course of unwelcome and offensive harassment because of his race, black, by Walgreens through the conduct of its supervisor. Such harassment created a hostile work environment on the basis of race. Plaintiff claims that he was discharged, in whole or in part, for reporting and opposing racial harassment in the workplace.

Plaintiff requests a permanent injunction enjoining Walgreens from engaging in race discrimintaion in West Virginia, compensation for his past and future losses, punitive damages, and his attorney's fees and costs.

Martinsburg attorney Harry P. Waddell represents the plaintiff in this matter.

Charleston Gazette calls for stronger whistleblower protections

Thu, 07 Oct 2010 08:00:00 EST

In an editorial, the Charleston Gazette has called for stronger whistleblower protections. The newspaper urges Congress to implement stronger federal protections to protect employees who become whistleblowers in their respective field. The editorial comes on the heels of a recently released government study which finds that the Department of Labor is not doing enough to provide adequate management attention to whistleblower programs.

Plaintiff sues for violation of Wage Payment and Collection Act

Mon, 27 Sep 2010 08:00:00 EST

Martinsburg--Mr. Thomas Lopresti has filed suit against PNGI Charles Town Gamming, LLC, for violating the West Virginia Wage Payment and Collection Act. My. Lopresti's Complaint states that he began working at PNGI on June 21, 2010, and was involuntarily discharged from employment on September 3, 2010. The Complaint further states that at the time of his discharge, Mr. Lopresti was owed $1893.52 in accrued wages and that Defendant PNGI failed to pay Mr. Lopresti within seventy-two hours of his termination as required under West Virginia Law.

As a result, Mr. Lopresti claims that Defendant PNGI is liable to the plaintiff for liquidated damages in the amount of $5,680.56. Additionally, Mr. Lopresti requests that all prejudgment and postjudgment interest as well as reasonable attorney's fees and costs be awarded. Martinsburg attorney Harry P. Waddell represents Lopresti.

Suit filed in car accident case

Mon, 27 Sep 2010 08:00:00 EST

Martinsburg- Plaintiff Jeanine Beckley-Geirermann, a resident of Berkely Springs, has filed suit against Mr. Samuel Beitler, Jr. In the Complaint, Beckley-Geirermann states that on September 25, 2008, at approximately 6:20 a.m., she was traveling east on Route 9 in Berkeley County, West Virginia. At the same date and time, Plaintiff contends that defendant Beitler was sitting his car at the intersectino of Route 9 West and the G.M. Access Road. Plaintiff claims that although Defendant observed Plaintiff approaching, he attempted to turn left into a Shell Gas Station parking lot. Defendant's vehicle was struck in the right rear side by the plaintiff as she was lawfully traveling in the east bound lane. As a result of the collision, Trooper Campbell of the West Virginia State Police cited defendant with the improper use of a turn only lane in violation of West Virginia Code. Plaintiff states that as a direct and proximate result of the defendant's negligence in failing to yield, she has sustained permanent bodily injuries and physical imparments, incurred medical expenses for treatment of injuries and loss of income, and suffered, and will in the future suffer physical and mental pain and lost enjoyment of life. Plaintiff has demanded judgment against the defendant in an amount to be determined at trial. Martinsburg attorney Harry P. Waddell represents Ms. Beckley-Geiremann.

Workers File More Claims Citing Bias in Layoffs

Fri, 24 Sep 2010 08:00:00 EST

Recent evidence shows that more lawsuits for wrongful termination are filed as larger companies continue to layoff employees. This is mostly contributed to the fact that when companies start laying off employees, the companies often layoff older workers and disabled workers first, violating employment law policies.

Muslims Report Rising Discrimination at Work

Fri, 24 Sep 2010 08:00:00 EST

The New York Times reports that discrimination claims from Muslim employees are on the rise. At a time of growing tensions involving Muslims in the United States, a record number of Muslim workers are complaining of employment discrimination, from co-workers calling them “terrorist” or “Osama” to employers barring them from wearing head scarves or taking prayer breaks. Such complaints were increasing even before frictions erupted over the planned Islamic center in Lower Manhattan, with Muslim workers filing a record 803 such claims in the year ended Sept. 30, 2009. That was up 20 percent from the previous year and up nearly 60 percent from 2005, according to federal data.

Why have Federal Civil Jury Trials Declined?

Wed, 22 Sep 2010 08:00:00 EST

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.

Editorial from the NYT: Shortchanging America's Women

Mon, 20 Sep 2010 08:00:00 EST

From today's New York Times, this editorial advocates for the passage of the Paycheck Fairness Act. In addition, the editorial provides a link to the actual act so that individuals can read the language of the Act. In essence, the Act would push for higher standards on employers to further narrow the pay disparity between women and men. Currently, women earn 77 cents for every dollar a man earns.

Study: Sex Discrimination Could Explain Partner Pay Disparities

Fri, 17 Sep 2010 08:00:00 EST

A new study has found that sex discrimination could explain why female partners, as a whole, earn less than their male counterparts. Click the link to read more.

Lawsuit seeks to invalidate red light cameras

Mon, 13 Sep 2010 08:00:00 EST

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.

Facts on Sexual Harassment

Thu, 02 Sep 2010 08:00:00 EST

This is a nice, concise website that contains general facts about sexual harassment. The website is hosted by the Equal Employment Opportunity Commission and gives the reader general information about sexual harassment and an overview of how the EEOC handles sexual harassment complaints.

More ADA claims filed in 2009 than in any other year

Sun, 22 Aug 2010 08:00:00 EST

The Equal Employment Opportunity Commission has released statistics that more people filed complaints of disability discrimination under the Americans with Disabilities Act in 2009 than in the past 20 year history of the ADA. Reports credit this increase to a new amendment to the ADA which broadens the definition of what it means to be disabled as well as the recession.

Medical errors cost $20 billion a year

Wed, 11 Aug 2010 08:00:00 EST

A recent study has shown that medical errors cost the health industry upwards of $20 billion dollars a year. The study also shows that medical errors caused 2,500 avoidable deaths and over 10,000 missed days of work in 2008.

Waddell named top 100 Lawyer

Thu, 05 Aug 2010 08:00:00 EST

The Law Office of Harry P. Waddell is pleased to announce that Martinsburg attorney Harry P. Waddell has been named a Top 100 Lawyer by the American Trial Lawyers Association for 2010. This prestigious award is designated to the top 100 trial lawyers in each state. The American Trial Lawyers Association bases its selection decisions on each attorney's superior qualifications, leadership, reputation, influence, stature, and profile within the Trial Lawyer community. As a Top 100 Lawyer, Mr. Waddell will be extended an invitation into the American Trial Lawyers Association. This association is a group dedicated to promoting excellence in the legal profession through training, networking, and education of trial lawyers concerning both business and professional matters of interest to the modern day trial lawyer. The American Trial Lawyers Association is an invitation only national association comprised of the best 100 trial lawyers from each state.

More Men Filing Sex Discrimination Suits, Statistics Show

Thu, 05 Aug 2010 08:00:00 EST

Interesting article highlighting new statistics from the EEOC showing that more men are filing sexual discrimination suits. EEOC statistics show that the number of men filing sexual harassment claims has doubled from 8 percent to 16 percent in the past twenty years.

Study finds that many doctors don't report incompetency

Thu, 05 Aug 2010 08:00:00 EST

A recent study published in the Journal of the American Medical Association has found that many doctors fail to report incompetent colleagues. The study surveyed 3,000 doctors and concluded that doctors who practice in small offices are the least likely to report an incompetent colleague while those who work in hospitals are more likely to report incompetence.

Forced arbitration is in most consumer contracts

Tue, 03 Aug 2010 08:00:00 EST

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.

Woman terminated for excessive abscences as a firefighter

Mon, 02 Aug 2010 08:00:00 EST

Recent news article about a suit filed against Royal Vendors for terminating an employee who had amassed absences because she was a volunteer firefighter.

http://wvrecord.com/news/228497-civil-filings-jefferson-county

Civil Actions Promote Safety

Tue, 27 Jul 2010 08:00:00 EST

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

Woman allegedly fired for absences as a volunteer firefighter

Tue, 20 Jul 2010 08:00:00 EST

MARTINSBURG-- A local woman has filed suit against Coin Acceptors, Inc., Royal Vendors, Inc., and Charity Fleming, the human resources manager at Royal Vendors, for wrongful termination. In a suit filed in Jefferson County, West Virginia, Christina Holmes claims that she was hired to work at Royal Vendors in November of 2005. In addition to working at Royal Vendors, Plaintiff worked as a volunteer firefighter with the Independent Fire Company in Charles Town, West Virginia.

Plaintiff alleges that she lost time from her employment with defendants on many occasions as a result of her duty as a volunteer fireman responding to emergency calls prior to the time she was due to report for work. Plaintiff further states that she was discharged from her employment on September 1, 2009, for amassing too many absences.

Plaintiff alleges that defendants violated West Virginia Code section 21-5-17, which prohibits an employer from discharging an employee for time lost spent as a volunteer fireman responding to emergency calls. Plaintiff further claims that defendants have violated West Virginia Public Policy as well as violating the West Virginia Wage Payment and Collection Act for failing to timely pay the plaintiff all of her wages at the time of her termination. Plaintiff is seeking general damages, back pay, anticipated lost future earnings, reinstatement, liquidated damages for the violation of the West Virginia Wage Payment and Collection Act, attorney's fees and costs, punitive damages, prejudgement and post judgment interest, and costs inccured in prosecuting this action.

Plaintiff is represented by Martinsburg attorney Harry P. Waddell.

Client sues Royal Vendors for wrongful termination

Tue, 20 Jul 2010 08:00:00 EST

MARTINSBURG-- A Berkeley County man has filed suit against Coin Acceptors, Inc., Royal Vendors, Inc, Johnny Dyer, plant manager at Royal Vendors, and Charity Fleming, Human Resources manager at Royal Vendors, for wrongful termination. In a suit filed in Jefferson County Circuit Court, Troy Hadler alleges that he was terminated from his job for opposing and reporting sexual harassment in the work place.

The plaintiff claims that he was hired for the position of supervisor at Royal Vendors on October 7, 2008. The complaint alleges that on or around November 2009, an employee reported to Plaintiff that a female employee was being sexually harassed at Royal Vendors. Plaintiff claims that he immediately reported the harassment to Defendant Dyer and Defendant Fleming. Plaintiff further claims that on or around December 22, 2009, a second employee reported to Plaintiff that the female employee who made the initial sexual harassment complaint was upset because she felt that inadequate action had been taken to address her complaint.

After speaking with the female employee, Plaintiff claims that on January 4, 2010, he directly relayed the female employee's concerns to Defendant Dyer and Defendant Fleming. Plaintiff alleges that on or around January 26, 2010, his immediate supervisor informed him that Charity Fleming was upset with him for intervening in the sexual harassment complaint. On January 27, 2010, Plaintiff was discharged from his employment at Royal Vendors.

Plaintiff alleges that Defendants violated the West Virginia Human Rights Act when they terminated him for reporting and opposing sexual harassment in the workplace. Plaintiff further claims that Defendants Fleming and Dyer aided and abetted the corporate defendants in violating the West Virginia Human Rights Act by discharging the Plaintiff, in whole or in part, for opposing and reporting sexual harassment in the workplace. Plaintiff is seeking general damages, back pay, front pay, punitive damages, reasonable costs and attorney's fees, prejudgment and post judgment interests, and costs incurred in prosecuting this action.

Plaintiff is represented by Martinsburg attorney Harry P. Waddell.

New survey highlights need for representation in civil suits

Tue, 13 Jul 2010 08:00:00 EST

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.

Martinsburg Couple files personal injury suit over unsafe conditions

Fri, 09 Jul 2010 08:00:00 EST

MARTINSBURG-- A Martinsburg couple have filed a personal injury lawsuit based on injuries sustained from unsafe conditions at a local business. In a one count complaint, Walter and Mary Hersh allege that on October 9, 2009, at approximately 10:50 a.m. plaintiff Walter Hersh was leaving Second Time Around located in a shopping plaza owned by defendant Ralph Eckenrode. After leaving the business, Hersh began to descend eight exterior wooden stairs to the parking lot below. Hersh fell forwardard, landing on his sholder and head at the bottom of the stairs in the parking lot below.

Hersh was taken by ambulance to the Emergency Room in Martinsburg where he was diagnosed with an acute subarachnoid and subdural hemorrhage and was then transferred to Winchester Medical Center. Hersh was admitted to the intensive care for observation and testing.

On October 14, 2009, Hersh was transferred from Winchester Medical Center to Heartland of Martinsburg until December 2009 when he was discharged to his home where he requires around the clock medical assistance.

The Plaintiffs contend that Defendant Eckenrode owed a duty of care to the plaintiff and to other members of the public to maintain the stairs on which the plaintiff fell in a safe and non-defective condition. Plaintiff further contends that Defendant Eckenrode breached the duty of care owed by failing to maintain the steps in a safe condition and non-defective conditions including, but not limited to, the defendant's failure to have one or more handrails attached to the steps. The failure to have handrails on the steps violates Martinsburg City Code and constitutes negligence per se.

As a direct and proximate resule of the defendant's negligance, Plaintiffs contend that they have and continue to suffer severe and permanent bodily injury, physical impairment, as well as emotional and mental distress, and has incurred and will continue to incur medical expenses.

Plaintiffs are represented by Martinsburg attorney Harry P. Waddell

Kearneysville man sues for discrimination and invasion of privacy

Tue, 06 Jul 2010 08:00:00 EST

MARTINSBURG-- Isaac Ferguson, through counsel, has sued Aggregate Industries Building Materials, LLC, doing business as Bradstone. Mr. Ferguson, a former employer of Bradstone, located in Harpers Ferry, West Virginia, filed a three count complaint alleging disability discrimination, workers compensation discrimination, and invasion of privacy.

In his complaint, Mr. Ferguson states that he began working at Bradston on December 5, 2005 and was employed as a yard supervisor. The complaint states that on February 26, 2009, Mr. Ferguson sustained a work injury to his lower back. Following this injury, Mr. Ferguson was required to submit to drug testing on four different occasions even though the employer had no reasonable suspicion that the plainitff was under the influence of drugs or alcohol.

After his work injury, Mr. Ferguson filed a workers' compensation claim which was ruled compensible. According to his complaint, Mr. Ferguson returned to work following his injury on restricted medium to light duty. Mr. Ferguson claims that on April 28, 2009, he was cleared to return to full duty by his treating physician but that defendant did not allow him to return to full duty. Instead, on May 13, 2009, defendant reduced plaintiff's work hours and then terminated him from employment on May 19,2009. After Mr. Ferguson was terminated from employment, the defendant continued to hire employees at the facility where he was employed.

Ferguson claims that the actions taken by Bradstone violated the disability provisions of the West Virginia Human Rights Act, the anti-retaliation provisions of the West Virginia Workers' Compensation Act, and were an invasion of his privacy.

Ferguson is represented by Martinsburg attorney Harry P. Waddell.

Plaintiffs sue for wrongful termination

Tue, 06 Jul 2010 08:00:00 EST

MARTINSBURG--Three individuals have filed suit against the Burlington United Methodist Family Services, Inc., and its interim CEO Alexander Carmichel for wrongful termination. Travis Alt, Jamie Garris, and Carmen Smith, all former employees of Burlington United Methodist Family Services, Inc., claim that they were terminated from their employment when they each attempted to testify in court on behalf of a resident of Burlington.

Alt, Garris and Smith claim that they were responsible for providing professional services to the residents of the group homes and cottages located on defendants' campus and that as part of their professional duties were called upon and expceted to appear in court to testify at hearings on matters related to the welfare of residents.

Plaintiffs' complaint alleges that in September 2009, an incident occured which resulted in several residents being removed from the Burlington facility and placed in detention pending adjudication hearings. One of the residents was scheduled for a hearing on October 7, 2009. Plaintiffs were requested by the resident's appointed counsel to appear at the court hearing on October 7, 2009. On the morning of the hearing, Plaintiff Smith was informed that the plaintiffs should say nothing at the hearing or it might mean their jobs. Plaintiffs allege that on November 20, 2009, Charmichel found out that plaintiffs had prepared a letter for the Court on October 2, 2009. Once Charmichel learned of this information, he immediately placed plaintiffs on administrative leave. On November 23, 2009, Plaintiffs were terminated for insubordination.

Plaintiffs claim that defendants violated West Virginia law by discharging them because they had given or might be called upon to give truthful testimony in a legal action. Moreover, Plaintiffs allege that Defendants violated the West Virginia Wage Payment and Collection Act by failing to pay the plaintiffs their accrued vacation time.

Plaintiffs are seeking general damages, lost earnings, anticipated lost future earnings, back wages for vacation time, liquidated damages, punitive damages, attorney's fees and costs, prejudgment and postjudgment interests, and costs.

Plaintiffs, all residents of Romney, West Virginia, are represented by Martinsburg attorney Harry P. Waddell.

Martinsburg woman sues area nursing home and facility staff

Fri, 02 Jul 2010 08:00:00 EST

A Martinsburg woman has sued Canterbury of Shepherdstown, a local nursing home, and three of its staff members for violating the West Virginia Patient Safety Act as well as for retaliatory discharge.

Juanita Hamilton, a certified nurses aid, claims she was retaliated against by the nursing facility and its staff members when she reported an incident of resident to resident abuse.

Hamilton alleges that on the night of February 24, 2008, she witnessed a male resident leaving the room of a female resident with his pants down. When she confronted the male resident he allegedly attempted to strike Hamilton. In an attempt to control the situation, Hamilton placed her hands on the man's walker.

Hamilton claims that none of the staff nurses attempted to check on the abused female patient and that when Hamilton and two other nurses aides did check on her, she was lying in her bed with the covers down and her briefs pulled down exposing her bottom.

Hamilton further alleges that the defendants did not investigate or report the abuse to any authorities. Instead, Hamilton claims that the defendants falsely accused her of abusing the male resident in an attempt to cover up the situation and by firing her.

Hamilton is represented by Martinsburg attorney Harry P. Waddell.

Lawsuit claims mortgage firm discriminated against minorities

Thu, 01 Jul 2010 08:00:00 EST

The Illinois Attorney General has filed a discrimination lawsuit against mortgage firm Countrywide Financial Corporation. The lawsuit accuses the firm of discriminating against minority borrowers by subjecting them to much riskier loans. The lawsuit said the "company's practices caused about 6,000 African-American and Latino borrowers to be steered into subprime mortgages and in some cases charged higher prices for their mortgages." The lawsuit seeks unspecified damages. Cynthia Dizikes, Chicago Tribune 06/29/2010

Michigan Wal-Mart worker using medical marijuana sues over firing

Thu, 01 Jul 2010 08:00:00 EST

Although medicinal marijuana remains illegal in West Virginia, this can easily be paralleled to a disability discrimination lawsuit where an individual is fired for taking prescription pain medications. It will be interesting to see how this case plays out in Michigan and how many companies follow in Wal-Mart's footsteps.

A Michigan man who was fired from Wal-Mart when he failed a drug test due to his use of medicinal marijuana has filed a lawsuit against his former employer. Joseph Casias claims in his lawsuit that in November 2009 he twisted his knee while at work. Under Wal-Mart policy, employees who are injured at work must take a drug test. The lawsuit claims that Casias showed his bosses the paperwork from the state allowing him to use medicinal marijuana to alleviate pain from a brain tumor, but he was fired regardless after failing the drug test. The lawsuit seeks unspecified damages. Gina Damron, Detroit Free Press 06/29/2010

Taser Death Prompts Lawsuit

Wed, 30 Jun 2010 08:00:00 EST

The family of a 45-year-old psychiatric patient who died after being shocked with a Taser while restrained in the hospital filed a wrongful death lawsuit in federal court Monday, alleging University of Cincinnati police used excessive force on Kelly Brinson and University Hospital was negligent caring for him.

Tricks of the Trade: How Insurance Companies Delay and Deny Coverage

Wed, 30 Jun 2010 08:00:00 EST

Excellent article from the American Association for Justice on how insurance companies actively seek to delay and deny coverage from policy holders.

Jury awards $2 million to family of Maryland inmate

Tue, 29 Jun 2010 08:00:00 EST

A civil jury in Prince George's County determined Thursday that Maryland state corrections and highway officials and a private dump truck driver were liable in an accident in which a prison inmate was killed by the truck while he was on a work detail. The jury awarded his relatives more than $2 million.

After a trial that lasted nearly two weeks, the jury awarded $2.025 million to relatives of Rodney Jennings, who was 28 when he was fatally injured Aug. 23, 2007, while picking up trash on the Capital Beltway in the Landover area.

Fixing Iqbal: Restoring Americans' Access To Justice

Tue, 29 Jun 2010 08:00:00 EST

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

Mon, 28 Jun 2010 08:00:00 EST

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

Mon, 28 Jun 2010 08:00:00 EST

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.

Wrongful discharge case filed against Wal-Mart by former pharmacist

Sun, 31 Jan 2010 08:00:00 EST

Pharmacist sues Wal-Mart for unlawful termination after complaints of understaffing

Sun, 31 Jan 2010 08:00:00 EST

Former pharmacist-in-charge of Wal-Mart's Spring Mills pharmacy in Berkeley County, WV has filed suit against Wal-Mart in the Circuit Court of Berkeley County in Martinsburg, WV. David Wasanyi alleges that Wal-Mart terminated his employment in retaliation for his complaints of understaffing the pharmacy and his safety concerns for the customers. Mr. Wasanyi alleges that he was required to work 13 hours a day, seven days a week and perform the amount of work normally performed by four pharmacists. He contends that the overwork lead to unsafe conditions in the pharmacy. After he complained, Mr. Wasanyi alleges that Wal-Mart retaliated against him by terminating his employment. Mr. Wasanyi is represented by Harry P. Waddell of Martinsburg, West Virginia.

There is an excellent article entitled "Combating Abusive Arbitration Clauses in Nursing Home Contracts" written by Leslie A. Bailey, Matthew S. Melamed and F. Paul Bland that should be must reading for anyone facing such an arbitration clause. A copy of

Sun, 20 Dec 2009 08:00:00 EST

If you are facing an arbitration clause in a nursing home contract that bars you from seeking redress in a court of law than you owe it to yourself to read this article which is contained in the library section.

Client sues Charles Town Race Track for Race and Disability Discrimination

Fri, 23 Oct 2009 08:00:00 EST

Bailey Bussey began his employment as an assistant starter in 2003. He was injured June 15, 2007 and returned to work with a lifting restriction of 15 lbs. The employer accommodated his restriction for a brief period by placing him in a position in the racing office. His immediate superiors encourage him to apply for full-time positions available in the racing office. He did so but was not hired. He was eventually placed him on unpaid leave and terminated. He is suing the Charles Town Races for race and disability discrimination.

200,000 deaths as a result of preventable medical errors every year

Thu, 22 Oct 2009 08:00:00 EST

Every year approximately 200,000 Americans die from preventable medical mistakes and infections in hospitals as the means to fight these needless deaths are ignored at many hospitals. Looks like we need more "defensive" medicine, not less!

Man says he was fired by employer for cooperating with the police

Sat, 15 Aug 2009 08:00:00 EST

The complaint filed in the Circuit Court of Berkeley County, WV alleges that in February 2009 the manager of the State Line Exxon came to the gate of the Auto Auction. The manager told Reed that persons leaving the auto auction had been stealing license plates off the vehicles of Exxon employees. The manager informed Reed that an individual driving a dark Volvo station wagon had just left the auction and stolen a license plate. Reed checked the gate passes for the auction which identified the individual who purchased the station wagon. When the police arrived at the auto auction, Reed provided them with the information concerning the purchaser of the Volvo. When his employers discovered that he had cooperated with the police he was fired in violation of West Virginia public policy. Reed lawsuit seeks compensation for back pay, lost future earnings, emotional distress and punitive damages for his unlawful termination. Attorney Harry Waddell is representing the plaintiff.

Suit filed for 16 year old boy who alleges that he was sexually assaulted by counselor at Board of Child Care

Sat, 15 Aug 2009 08:00:00 EST

The teenager, whose name is being withheld to protect his identity, alleges that while he was a resident in a Board of Child Care group home, he was sexually abused on repeated occasions by the recreational counselor. The suit alleges that Board of Child Care was negligent in its hiring and supervision of the counselor in question.The boy is represented by Martinsburg lawyer Harry Waddell. During a psychological evaluation in February 2008, the sexual abuse was revealed. As a result of the sexual abuse, the boy, identified only as John Doe, has experienced severe emotional distress, lack of trust and sexually maladaptive behaviors according to the complaint. In the eleven count complaint, the plaintiff seeks both compensatory and punitive damages.

EEOC and Maryland Attorney settle FMLA and ADA claims for $125,000

Wed, 29 Jul 2009 08:00:00 EST

Attorney Kathleen Cahill of Towson, MD, and to Maria Morocco of the EEOC's Baltimore office obtained a $125,000 settlement on behalf of a client, whose employer refused to allow her to return to work after she recovered from surgical complications related to her breast cancer.

The claims brought on behalf of the plaintiff included a Family Medical leave Act (FMLA) claim as well as a claim under the Americans with Disabilities Act (ADA). The client is presently cancer-free.

Excellent employment law website is now open to the general public

Fri, 15 May 2009 08:00:00 EST

Tom Garlands' digest of federal employment law decisions around the country was for years a subscription only service which he provided to legal professionals in the field of employment law. He has now opened his excellent website as a free resource to the general public. The site contains a wealth of cases from the federal circuits dealing with all aspects of employment law. Topics include Title VII, ADA and ADEA cases covering sex, race, disability and age discrimination and harassment, federal wage and hour law, FMLA claims and a variety of employment issues. The website is an excellent research tool for lawyers and a source of information for anyone with questions regarding employment issues. The website address is www.garlands-digest.com. There is a direct link to the site contained on the resources page under employment.

If your employment is terminated you may be able to continue your health insurance coverage with 65 percent of your premium paid by your employer

Sun, 03 May 2009 08:00:00 EST

New changes in federal law under COBRA may allow you to continue your health insurance after your employment is terminated with a 65 percent contribution to your monthly insurance premium paid by your employer. Under the old rule you were required to pay the entire insurance premium to keep your health insurance in effect after employment termination. The change is part of President Obama's economic measures to assist persons in the present economy. Check the library on this website for an article explaining the changes in the law and answering common questions.

Employment discrimination - new Position Statement of American Diabetes Association

Fri, 27 Mar 2009 08:00:00 EST

The American Diabetes Association has issued a new position statement on Diabetes and Employment which contains helpful information regarding diabetes as a disability under employment discriminations, reasonable accommodations for diabetes in the workplace and related topics. The statement itself can be viewed in the library section of this website

Class action settlement for pretrial detainees who were strip searched at correctional center

Wed, 25 Mar 2009 08:00:00 EST

$3.3 Million Proposed as Settlement in Strip Search Class Action

A federal district judge has filed an order approving a preliminary settlement agreement in a class action suit filed in April 2007, against the county regarding unlawful strip searches at the jail.

The federal civil lawsuit, filed on behalf of 2 clients who claim they were unlawfully strip-searched while at the county jail, alleged that strip searches of all incoming pre-trial detainees were unconstitutional and conducted on people booked into the jail on minor charges or by mistake.

Once the preliminary settlement is signed-off on by the presiding judge, the defendants, which include Valencia County as well as Cornell Companies, the private company that operated the corrections facility for several years, will pay the plaintiffs $3.3 million. The county will pay $2.145 million, while Cornell agreed to pay its share of the final settlement of $1.155 million. The 2 plaintiffs in the case will each receive $42,500.

Reportedly, as many as 630 people are potential class members, although the plaintiff's attorneys believe that only a fraction of those people will submit claims, and that there will likely be more than $2000 awarded per claimant.

Harry Waddell selected for inclusion in West Virginia Super Lawyers

Thu, 29 Jan 2009 08:00:00 EST

West Virginia Super Lawyers has chosen Harry Waddell for inclusion in its 2008 personal injury section. Selection is limited to the top five percent of attorneys practicing in West Virginia.

New Employment Case Filed September 7, 2007

Mon, 17 Nov 2008 08:00:00 EST

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

Mon, 17 Nov 2008 08:00:00 EST

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

Mon, 17 Nov 2008 08:00:00 EST

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.

A guide for investigating toxic chemicals

Mon, 17 Nov 2008 08:00:00 EST

The following is an excellent protocol for online investigation of toxic chemicals devised by Janabeth Fleming Taylor, a well known litigation paralegal from Corpus Christi, Texas:

1. Get the CAS number for the chemical. This can be obtained by doing a Google search for "CAS number [insert chemical name]"

2. Go to the news tab of Google and see if any news articles have been published for the chemical.

3. Do a search on http://www.chemfinder.com/ using the chemical name or chemical number. This site links to other sites which discuss exposure and other issues.

4. Do a search on PUBMED found at: http://www.ncbi.nlm.nih.gov/entrez/query.fcgi and do a search for "chemical name AND morbidity", "chemical name AND mortality" and see what pops up. You can also search for chemical name and particular condition your client experienced after exposure.

5. Do a search of the NIOSH online guide to toxic chemicals found at: http://www.cdc.gov/niosh/npg/npgd0000.html.

These searches will provide you basic information about the toxic chemical in question and possible consequences of exposure.

Sexual Harassment and Termination Case Resolved

Mon, 02 Jun 2008 08:00:00 EST

A confidential settlement was reached in May 2008 between Sandra Lechliter and Martins Distributing Company over her claims of sexual harassment and wrongful termination. Ms. Lechliter was hired on April 24, 2006 in a sales and marketing position with the employer. Ms. Lechliter alleged that shortly after her employment began her immediate supervisor, Mark Hagley, began to sexually harass her. The harassment was alleged to have included inappropriate verbal advances, crude sexual comments and physical touching. Ms. Lechliter complained repeatedly to management personnel regarding the inappropriate conduct but no action was taken to stop the sexual harassment. On August 16, 2006, Ms. Lechliter filed a sexual harassment complaint in the Circuit Court of Berkeley County against Mark Hagley and Martins Distributing Company. Following the filing of her sexual harassment complaint, Ms. Lechliter alleged that the employer began retaliating against her by changing her job duties, writing her up for false reasons, refusing to provide light duty to accommodate her physical restrictions during her pregnancy and eventually, terminating her employment. On July 19, 2007, the Court allowed Ms. Lechliter to amend her complaint to allege a retaliatory discharge in violation of the West Virginia Human Rights Act. Shortly before trial both Mark Hagley and Martins Distributing Company settled with Ms. Lechliter for a confidential amount subject to a nondisclosure agreement.

New Employment Case Filed Against Mastec

Wed, 27 Feb 2008 08:00:00 EST

On February 26, 2008 Waddell Law Offices filed a wrongful termination in the Circuit Court of Berkeley County, West Virginia against Mastec Services Company, Inc. and Mastec North America, Inc. on behalf of plaintiff Philip C. Rotruck. Mr. Rotruck was employed by the defendants as a satellite dish installer for Direct TV. He was injured while at work and subsequently reguired knee surgery. Once he was released to return to work by his treating physician, the defendants claimed that he had "abandoned" his job. After prevailing on his unemployment claim that he was discharged through no fault of his own, the present civil action was filed in Circuit Court alleging that he was discharged in retaliation for filing a workers compensation claim. The civil suit also alleges that the defendants failed to accommodate his disability by providing temporary medical leave during his knee surgery and recovery.

Vacation pay must be paid now in Maryland

Thu, 03 Jan 2008 08:00:00 EST

Maryland's Department of Labor, Licensing & Regulation has Revised Its Opinion About Vacation Pay In Light of Catapult Technology, Ltd. v. Wolf. In Catapult Technology, Ltd. v. Wolf, a case of first impression, Maryland's Court of Special Appeals explicitly ruled that employees are entitled to receive compensation for accrued vacation pay at the conclusion of their employment, despite a provision in the employee handbook providing for forfeiture of the vacation pay. Following the Court's ruling, attorney Marc J. Smith contacted Maryland's Department of Labor, Licensing & Regulation and advised them that the information on their web site concerning an employee's right to receive compensation for vacation pay was no longer a correct statement of law in view of the ruling in the Wolf case. At that time, the DLLR website contained the following statement concerning whether unused vacation is payable to the employee at termination: "The answer to this question depends on the employer's policy, and whether this policy was communicated to the employee in advance. For example, if an employer informs employees at hiring that unused vacation leave will be lost or forfeited when employment ends, then an employee will probably not be able to claim it. On the other hand, where no policy exists or was made known in advance to a terminated employee regarding forfeiture of accrued vacation, the employee may receive the cash value of whatever unused earned leave was left -- provided it was otherwise usable." After Mr. Smith contacted DLLR to advise them of the holding in Wolf, the Agency modified their view on this issue. Now, in conformity with Wolf, DLLR's position on this issue is as follows: "When an employee has earned or accrued his or her leave in exchange for work, an employee has a right to be compensated for unused leave upon the termination of his or her employment regardless of the employer's policy or language in the employee handbook."

Brain surgery on wrong side of brain!

Tue, 27 Nov 2007 08:00:00 EST

For the third time this year Rhode Island Hospital has performed brain surgery on the wrong side of a patient's head. The third incident happened Friday during surgery on an 82-year-old man. Health officials have fined the hospital $50,000 and have ordered the hospital to reevaluate its procedures and surgery plans.

Harry Waddell elected President of Employment Lawyers Association

Sun, 28 Oct 2007 08:00:00 EST

Harry Waddell was elected President of the West Virginia Employment Lawyers Association (WVELA) at its Annual Conference held at the Woods Resort on October 27, 2007. WVELA is a state wide organization of employment lawyers providing representation and protection to employees who have been wrongfully terminated, harassed or discriminated against in the workplace. WVELA lawyers also assist employees in wage claims against employers who have failed their employees all the wages that they have lawfully earned. Mr. Waddell will serve as President of the organization for one year following his election at the WVELA Annual Conference on October 27, 2007.

Randy Funkhouser Cleared of All Charges

Wed, 17 Oct 2007 08:00:00 EST

Randy Funkhouser was cleared of all charges that he attempted to improperly influence the Racing Commission's decision to disqualify Forest Park, a horse owned by builder Dan Ryan, from a race at the Charles Town Races held on July 4, 2007. As a result of this decision, Mr. Funkhouser's occupational permit has been reinstated and he will permitted to run four of his horses in the West Virginia Breeder's Classic to be held on October 20, 2007. Mr. Funkhouser was represented by Harry Waddell and David Hammer in his successful challenge to Racing Commission suspension of his permit.

Settlement with Gemcraft Homes, Inc. for defective railing

Sun, 07 Oct 2007 08:00:00 EST

Our client, a Berkeley County school teacher, injured her back when a defectively installed railing gave way and she fell approximately four feet to the ground. She missed several days of work and underwent physical therapy at City Hospital. A claim was made against Gemcraft Homes, Inc. the company responsible for installing the railing. Nationwide Insurance paid our client $21,000 to settle the claim on behalf of its insured.

- Jury Orders Madison Square Garden to Pay for Harassment

Wed, 03 Oct 2007 08:00:00 EST

A Manhattan jury has ordered Madison Square Garden and its chairman to pay $11.6 million to a former female executive for creating a hostile work environment and retaliation. The jury's finding marks the end of lawsuit that accused New York Knicks' coach Isiah Thomas of making unwanted sexual advances toward the plaintiff and Madison Square Garden of firing her for filing a complaint. The trial judge is expected to rule on an additional $9.6 million in compensatory damages requested by the plaintiff in the coming weeks. Richard Sandomir, The New York Times 10/03/2007

Racial Discrimination Case

Fri, 07 Sep 2007 08:00:00 EST

Waddell Law Office has filed a suit on behalf of Lester T. Pigford against Quebecor World for racial discrimination and retaliation. Mr. Pigford had worked 17 years for Quebecor when the company summarily fired him for allegedly "sleeping" on the job when he shut his eyes for a few minutes to get rid of a headache. Lester, who is black, had previously complained of racial harassment by his immediate supervisor. Mr. Pigford's complaint alleges that white employees who were accused of sleeping on the job were not terminated. He is seeking lost income, general compensatory damages and punitive damages against Quebecor for violation of the West Virginia Human Rights Act. The Act protects employees from discriminatory treatment, retaliation and harassment on the basis of race.

Former Coach Sues Shepherd University

Thu, 30 Aug 2007 08:00:00 EST

David Trail, former women's softball coach, filed suit against Shepherd University in the Circuit Court of Jefferson County. The lawsuit arises from the University's handling of anonymous allegations of sexual harassment made against Trail in April 2007 and the University's subsequent failure to renew Coach Trail's contract. The complaint alleges that the University failed to follow its own procedures for investigating sexual harassment complaints and falsely reported that Trail had resigned. The Complaint also alleges that the University had openly expressed its desire to replace male coaches with female coaches for its women's sports and that its replacement of Coach Trail with a less qualified female coach violated the West Virginia Human Rights Act.

Berkeley County Settles with Bunker Hill Woman Attacked by Police Dog

Sun, 12 Aug 2007 08:00:00 EST

The Berkeley County Commission has paid $50,000 to Annjeana Moore for injuries she sustained on June 30, 2004 when she was severely bitten by a deputy sheriff's police dog. Ms. Moore was standing in the yard of her residence when the attack occurred. Deputy Thomas A. Young and Deputy Scott Myers of the Berkeley County Sheriff's office had responded to a call at the Moore residence to investigate an assault on a neighbor by a man who had fled the scene. After unsuccessfully attempting to track the assailant with his police dog, Deputy Young placed the dog in his cruiser with the window partially rolled down. During a verbal altercation between Deputy Young and a group of neighbors displeased with the Sheriff Department's response to the assault, the police dog jumped through the open window of the cruiser and attacked Ms. Moore inflicting severe bites to her leg and arm. She was transported by ambulance to City Hospital in Martinsburg where she received medical treatment. Deputy Young subsequently filed criminal charges against Ms. Moore claiming she had obstructed justice and committed a battery by kicking him. The charges against her were later dismissed for lack of evidence. After the charges against her were dropped, Ms. Moore filed suit in the Circuit Court of Berkeley County against Deputy Young for failing to properly control his police dog and against Deputies Young and Myers for filing false police reports leading to her arrest. Prior to the trial, the defendants agreed settle her claims paying $50,000 to Ms. Moore. Ms. Moore was represented by Martinsburg attorney, Harry Waddell. "As with all settlements the defendants admit no fault, however the amount of the settlement clearly indicates that the defendants believed that they would not fare well if the facts of this case were presented to a jury," said Mr. Waddell.

Martinsburg Woman Sues City for Negligent Maintenance of Sewer System

Sun, 12 Aug 2007 08:00:00 EST

A 77-year old resident of Martinsburg recently filed a complaint in the Circuit Court of Berkeley County charging the City of Martinsburg with negligence in keeping its sewer system open, in repair and free from nuisance. Plaintiff Dixie Hager is seeking compensatory damages for spine injuries she received when she slipped on her wet basement floor. City sewage had repeatedly backed up in her basement, causing her to fall on November 29, 2005. As a result of her fall, Ms. Hager incurred in excess of $77,000 in medical expenses and incurred additional expenses to clean, repair and modify her home. Ms. Hager's attorney, Harry Waddell, stated that the basis of the claim is the City's breach of its duty to keep its sewer line in adequate repair.

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