STEPTOE AND JOHNSON WILL MOVE FOR IMMEDIATE DISMISSAL

Huntington Sanitary Board Customer Sues for Wrongful Termination

Updated 17 weeks ago

A customer alleging wrongful termination has sued by counsel the Huntington Sanitary Board,  according to a  Herald Dispatch report.The suit alleges that the HSB violated the WV Consumer Protection Act and asks that the board be penalized $1,000 for each violation of the act.

Legal Aide attorney J. William St. Clair represents the plaintiff.

Ancil Ramey , former clerk of the WV Supreme Court and an attorney for Steptoe and Johnson, told the Dispatch:

""Although the Sanitary Board does not usually comment on pending litigation, it takes all complaints from its customers very seriously and strives to provide the best possible customer service. In the event that the board is not successful in resolving a customer's concerns, the appropriate venue for such customer is the Public Service Commission, not circuit court. Accordingly, once my client has been served, we will be filing a motion to dismiss this new lawsuit."

A review of recent WV Supreme Court litigation specifically Holt v. West Virginia American Water  generally supports the defendant. However, in a dissent, an unnamed justice wrote:

"Instead of instituting a claim under this state's Consumer Credit and Protection Act, he could have filed a common law claim predicated on the same allegations of unfair and deceptive practices that he relied upon as the basis for his statutory claim."

http://caselaw.findlaw.com/wv-supreme-court-of-appeals/1670057.html

 

 

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