In an effort to attract well qualified, disciplined, and hardworking employees, the Legislature offers to veterans of the United States military up to five years of military service credit toward their retirement as an incentive for them to work for the State. Unfortunately, for many years, the West Virginia Consolidated Public Retirement Board denied such worthy veterans the military service credits mandated by statute. In particular, veterans who are State employees and who honorably served in the United States military between July 1, 1973, and September 10, 2001, were routinely denied military service credits for service provided during this time period.

The law firm of DiTrapano, Barrett, DiPiero, McGinley & Simmons, PLLC was approached by six different veterans who were wrongfully denied these well-earned military service credits. After several years of litigation, our law firm was able to persuade the West Virginia Supreme Court that the Board was wrong and had failed to follow the clear language of the statute. West Virginia Consolidated Public Retirement Board v. Wood, 233 W.Va. 222, 757 S.E.2d 752 (2014). As a result, all of the veterans represented by our law firm received the military service credits to which they were entitled.

Best Lawyers® is the longest-standing organization that rates, reviews, and recognizes people in legal careers, such as attorneys, paralegals, associates, and so on. It is with much pride and excitement that our team at DiPiero Simmons McGinley & Bastress, PLLC is able to announce that several of our attorneys have been included to the Best Lawyers in America list.

The following lawyers have been selected to be Best Lawyers® in Charleston:

• Sean P. McGinley: Commercial litigation; personal injury litigation (plaintiffs)
• J. Timothy DiPiero: Criminal defense (general practice); criminal defense (white collar); personal injury litigation (plaintiffs)
• Joshua I. Barrett: Litigation (environmental); personal injury litigation (plaintiffs)
• Lonnie C. Simmons: Litigation (labor and employment)

Fayette County school bus driver Rick Malay and the Fayette County Board of Education are being sued by a high school student. Lisa (name has been altered for her privacy) alleges that she was repeatedly sexually harassed by Mr. Malay while riding the bus to and from school. The incidents began with inappropriate comments and ogling.

When Lisa reported the problem to her principal, she was actually forced to apologize to Malay, who claimed she began making disrespectful comments first. The situation only got worse from there, and eventually Lisa felt pressured to meet with Malay in private, where the alleged sexual conduct took place. Fearful of repercussions and humiliation, Lisa kept to herself while the harassment continued.

A woman who claims she was injured in a Tractor Supply store is currently suing the company for their part in the accident. The manager of the store where the incident occurred is also named as a defendant in the suit.

The woman was attempting to get a container of dog food from one of the store shelves when both of her feet became trapped in an empty pallet that was concealed under some cardboard. She fell over and severely injured her neck, back, knees, and feet as a result.

Filing a lawsuit has many legal advantages, mainly granting you the ability to seek financial compensation for another’s wrongdoing. But the process of actually filing a lawsuit isn’t as simple as saying you want to sue someone. Depending on the circumstances of your situation, the process could be short or lengthy, straightforward or complicated, but there are always a few steps you should always keep in mind when filing for a lawsuit. We’ve outlined them below:

1.) Legal standing: You can’t just sue anyone for any reason – you need to have a valid reason, such as suffering a personal injury. And just because someone has done you wrong, that doesn’t necessarily mean you can sue them. A professional attorney can help you first determine if you have the legal standing to sue someone.

2.) Check statutes of limitations: Once you determine that you have valid reasons to sue someone, you need to figure out if you can. Every lawsuit is subject to a statute of limitations – an expiring timeframe when action can be taken place – depending on the reasons behind the case. Again, seek the help of an experienced lawyer if you need help understanding legal statutes.

3.) Collect and fill forms: Commonly, you’ll need to create a cover sheet and a summary of your complaints, as well as obtaining an official summons. Certain cases, however, may require more forms from your county clerk’s office and an attorney can assist you in determining if you have them all or not.

The coal industry has had a significant impact on the lives, families, and communities of West Virginia. Working in the coal mines is routine and commonplace for residents, so when disaster strikes, all are deeply affected. From the 2010 Big Branch Explosion to the 2014 Elk River chemical disaster, West Virginian’s know that mining accidents can strike at any time.

What does the Elk River chemical spill mean for the coal industry?

On January 9, 2014, the West Virginia Department of Environmental Protection received numerous complaints concerning something in the air that was affecting the local community. A few hours later, it was determined that the Freedom Industries Charleston Plant on the Elk River was leaking 4-methylcyclohexane methanol (MCHM), a chemical used to purify coal before it is burned. The leak was in a tank that had not been inspected since 1991, and 10,000 gallons of MCHM had leaked into the Elk River and into the water treatment plant.

On April 5, 2010, an explosion occurred at the Upper Big Branch Mine in West Virginia, killing all but two of the miners that were at the site. Hailed as the worst mining accident in the United States since 1970, the Mine Health and Safety Administration determined that the cause of the explosion was due to flagrant safety violations on the part of Massey Energy. Over 350 citations were issued, leading to over $10.8 million in penalties. In addition, the former CEO of Massey Energy, Don Blankenship, was charged with conspiring to violate health and safety standards at Upper Big Branch Mine and lying to federal financial regulators about the safety measures employed in the blast that killed the miners.

Why seek a gag order in this case?

Recently, Blankenship informed a judge that he wants his criminal trial delayed for at least a year and his federal criminal case moved. He claims that he is unable to get a fair trial in West Virginia as a result of the negative publicity surrounding his involvement in the explosion. In addition, Blankenship seeks a gag order in the case, preventing news organizations from accessing the details shared in the courtroom. A gag order will further seal the court filings and prevent anyone involved in the case from speaking with the media or releasing court documents related to the case at all.