Search for: "State of West Virginia v. Sears"
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16 Feb 2017, 6:38 am
Sears removed the suit to a United States district court in West Virginia and asked the court to dismiss the complaint, arguing that ERISA completely preempted the state law claims. [read post]
14 Oct 2011, 8:46 am
Bayer then moved the district court to enjoin a different plaintiff from seeking to certify a class in a West Virginia state court. [read post]
9 Jul 2009, 5:30 am
In 2003, the plaintiffs filed a state class action lawsuit against Sears Roebuck and Co. alleging three counts relating to Sears credit cards: Unconscionability, statutory damages for violations of the West Virginia Consumer Credit Protection Act, and equitable relief under the West Virginia Consumer Credit Protection Act. [read post]
15 Jul 2011, 6:35 am
But Bayer’s victory in McCollins proved pyrrhic, as meanwhile a duplicative class action had been brought by a second West Virginia purchaser, Smith, in West Virginia state court, on behalf of the same putative West Virginia class. [read post]
16 Jun 2011, 9:54 am
In Smith, two Baycol consumer fraud class actions were filed in West Virginia state court prior to adoption of the federal Class Action Fairness Act. [read post]
24 Aug 2020, 9:01 pm
In Boerne v. [read post]
16 Nov 2012, 1:50 pm
Nov. 8, 2012), primarily concerning its fraudulent joinder holding – in accord with the “overwhelming weight of authority” in other states – that a hospital cannot be strictly liable for claimed defects in drugs and medical devices that are used in medical procedures within its walls. [read post]
27 Jun 2015, 2:50 pm
JUANITA PEREZ, VIRGINIA GARCIA, PAUL ZAPATA, AND SYLVIA SANCHEZ, INDIVIDUALLY AND AS ALL HEIRS OF ELISA ZAPATA, DECEASED; from Bexar County; 4th Court of Appeals District (04-13-00111-CV,406 SW3d 313, 06-26-13) 13-0576 THE WILLIAMSBURG CARE COMPANY, L.P. v. [read post]
10 Sep 2010, 8:07 am
General Motors Corp., 575 P.2d 1162, 1168-69 (Cal. 1978); see State Dept. of Health Services v. [read post]
9 May 2009, 6:45 am
CASES* In Gorman v. [read post]
13 Jul 2015, 10:40 am
” In any other year, King v. [read post]
9 Apr 2015, 5:00 am
Finally, as we’ve blogged about before, West Virginia federal courts have recently cut back Karl to drug DTC advertising cases. [read post]
12 Feb 2015, 12:56 pm
Wyeth Laboratories, Inc., 734 A.2d 1245 (N.J. 1999) – the decision that makes New Jersey the only state to adopt a direct-to-consumer (“DTC”) exception to the learned intermediary rule (putting aside West Virginia’s use of DTC as an excuse for rejecting the rule altogether). [read post]
22 Jan 2021, 6:00 am
Kitchen v. [read post]
17 Nov 2023, 3:00 am
Supreme Court’s ruling in Dobbs v. [read post]
1 Feb 2010, 3:04 am
After arriving in America, Kunta was sold at the slave market to a plantation owner in Virginia. [read post]
