At DiPiero Simmons McGinley & Bastress, PLLC, we’ve recovered millions of dollars in damages for our clients. We’ve experienced too many personal injury case victories to list on one page, so here is just a small handful of successful victories we’ve claimed on behalf of those who reached out to us in their time of need:
State of West Virginia v Amerisourcebergen Drug Corp, et al, Civ. Action No. 12-C-141 and State of West Virginia v Cardinal Health, Civ. Action No. 12-C-140 (Circuit Court of Boone County, W.Va.) (The firm was appointed as the first Special Assistant Attorney General in the nation for this type of case during these two cases asserting negligence, public nuisance, consumer act, and other claims against twelve wholesale drug distributors for damages to the State of West Virginia related to the controlled substances opioid epidemic. These cases resulted in over $47,000,000 in settlements.)
State of W.Va. v. Purdue Pharma, L.P., Civ. Action No. 01-C-137-S(Circuit Court of McDowell County) (The firm was appointed Special Assistant Attorney General in this Consumer Act and nuisance litigation concerning the deceptive marketing of the pharmaceutical drug Oxycontin, the first State litigation of its kind against a drug manufacturer. The case resulted in a $10 Million settlement.)
West Virginia Bureau of Employment Programs v. Bluestone Coal Co., Civil Action No. 96-C-323-S (Circuit Court of McDowell County, W.Va.) (The firm was co-counsel for the West Virginia Bureau of Employment Programs in cases resulting in settlements totaling more than $50 Million against various coal mining companies for the unpaid workers compensation debt of their contractors.)
In Re Mountain State University Litigation, No. 12-C-9000 (Circuit Court of Kanawha County, W.Va.) (The firm was appointed Co-Lead Class Counsel in this class action on behalf a class of over 20,000 former students of Mountain State University who lost the value of their tuition payments when the University became unaccredited and shut down – the case resulted in an $18.5 Million settlement.)
B.B. & T v. Cabot Oil & Gas, Civ. Action No. 01-C-3912 (Circuit Court of Kanawha County, W.Va.) (The firm was appointed Co-Lead Class Counsel in a class action on behalf of natural gas lessors who were underpaid royalties on natural gas produced by defendants. The case resulted in an $11.6 Million settlement.)
Gordon v. Microsoft, Civ. Action No. 01-C-197 (Circuit Court of Boone County, W.Va.) (The firm was lead counsel in this state-wide antitrust class action against Microsoft’s alleged anticompetitive conduct to protect a monopoly over its Windows program in Personal Computer (PC) operating systems. The case resulted in a settlement value of $21 Million.)
West Va. Investment Management Board v. Credit Suisse, et al., Civ. Action No. 10-C-412 (Circuit Court of Kanawha County, W.Va.) (The firm was co-counsel for the West Virginia Investment Management Board regarding allegations that various banks had misrepresented the value of mortgage asset backed securities that were of far less value than represented. The claims were resolved by settlements.)
State of W.Va. v. Bank of America and others, Civ. Action No. 1:08-md-01950-VM (S.D.N.Y.) (The firm was appointed Special Assistant Attorney General in this litigation originally filed in West Virginia state court but removed by the defendants to a Multi-District Litigation (MDL) proceeding in federal court in New York. The action alleged antitrust claims on behalf of state entities that they were damaged by a conspiracy amongst 21 defendants for manipulating the terms that West Virginia public and non-profit entities received on specialized investment vehicles known as Municipal Derivatives, as well as the costs and fees associated with Municipal Derivative transactions. The case resulted in multiple settlements.)
State of W.Va. v. Abbott Pharmaceuticals, et al. Civ. Action No. 01-C-180 (Circuit Court of Wyoming County, W.Va.) (The firm was appointed Special Assistant Attorney General in claims of violation of the W.Va. Antitrust Act and Consumer Protection Act against pharmaceutical companies for unlawfully preventing a generic version of a pharmaceutical drug from being marketed in competition. The case was resolved by way of settlement.)
State of W.Va. v. Warrick Pharmaceuticals Corp., et al. Civil Action No. 01-C-3011 (Circuit Court of Kanawha County, W.Va.) (The firm was appointed Special Assistant Attorney General in claims of violation of the Consumer Protection Act and Medicaid fraud against pharmaceutical companies for allegedly unlawfully manipulating the Average Wholesale Price (AWP) of certain pharmaceutical drugs. The case resulted in a number of settlements for the State.)
Water Crisis Litigation on behalf of City of Charleston, et al. (The firm is co-counsel for the city of Charleston over claims stemming from the infamous water crisis. The firm was a member of the Steering Committee for the plaintiffs in the West Virginia Mass Litigation Panel. A preliminarily-approved settlement of up to $151 Million is pending.)
Fleming, et al., v. Alpha Natural Resources Services, LLC, et al., Civil Action No. 12-C-122 (Circuit Court of Boone County, West Virginia) (The firm is co-lead class counsel in this Wage Payment and Collection Act class action.)
Sturgill, et al., v. United Coal Company, LLC, et al., Civil Action No. 12-C-842-B (Circuit Court of Raleigh County, West Virginia) (Pending Wage Payment and Collection Act class action.)
State v. Woodall, 182 W.Va. 15, 385 S.E.2d 253 (1989) (The firm was counsel in this important case where the validity of DNA testing in a criminal case was first recognized by a state appellate court.)
