SMS Founding Member John F. McCuskey and Member Roberta F. Green prevailed on a dispositive motion filed in Business Court on behalf of a commercial client, confirming rate of rent to tenant’s [multi-million dollar] benefit for the next decade.
On August 19, 2020, SMS attorneys Karen McElhinny, Emily Lilly, and Caleb David obtained dismissal on behalf of their client in Caren Rachelle Jenkins v. CNY Fertility, PLLC, et al. in the Circuit Court of Gilmer County, West Virginia. The plaintiff, a former patient of the defendant fertility clinic, alleged that she obtained fertility services in the State of New York, where the fertility clinic is located. She then gave birth to twins in West Virginia. The plaintiff alleged that, after giving birth to the twins, she learned [...]
Congratulations to the Shuman McCuskey Slicer PLLC lawyers recognized in the 27th edition of Best Lawyers®
2021 Best Lawyers® "Lawyer of the Year" in Charleston: David L. Shuman Litigation - Health Care Medical Malpractice Law - Defendants Karen McElhinny Litigation - Health Care Professional Malpractice Law - Defendants William R. Slicer Commercial Litigation Construction Law Employment Law - Management Insurance Law Litigation - Environmental Litigation - Insurance Mass Tort Litigation / Class Actions - Defendants The Best Lawyers in America© 2021 in Charleston: John F. McCuskey Administrative / Regulatory Law Appellate Practice Commercial Litigation Mediation Natural Resources Law Oil and Gas Law Professional Malpractice Law - [...]
On July 27, 2020, SMS attorney Caleb David obtained a complete defense verdict for his client in John C. Mawyer v. Alford Home Solutions, Inc. in the Circuit Court of Kanawha County. The plaintiff, a former employee, alleged that the defendant, his former employer, withheld commission payments he had earned and that, when he complained about his alleged underpayment, he was terminated. Based upon these allegations, the plaintiff filed suit for alleged breach of contract and alleged wrongful termination. The defendant contended that the plaintiff had actually been [...]
CHARLESTON, West Virginia – This year marks the 20th anniversary of Shuman McCuskey Slicer PLLC. Previously formed as Shuman, McCuskey & Slicer, PLLC, the firm has amended its name to Shuman McCuskey Slicer PLLC simply to be less wordy. Shuman McCuskey Slicer PLLC was founded in 2000 by David L. Shuman, John F. McCuskey, and William R. Slicer. The firm’s name change continues to represent over two decades of hard work, community service, and leadership by its founders, lawyers, and staff. About: Shuman McCuskey Slicer PLLC is a civil defense litigation law [...]
Within the pages of our 2020 Q2 News Blast, you will find the latest updates on West Virginia case summaries, information regarding the SMS Consulting and General Legal Services team, how COVID-19 has changed the way we practice law, and more!
Russell v. Butcher, et al. in the United States District Court for the Southern District of West Virginia
On July 17, 2020, SMS attorneys Lou Ann Cyrus and Caleb David obtained dismissal of Eighth Amendment claims on behalf of four West Virginia Division of Corrections and Rehabilitation administrators in Russell v. Butcher, et al. in the United States District Court for the Southern District of West Virginia. The plaintiff, an inmate, alleged that he was assaulted by another inmate and that, in a separate incident, excessive force was used against him by correctional officers. The plaintiff’s claims against the administrators were based upon allegations of negligent [...]
On May 12, 2020, the United States District Court for the Southern District of West Virginia entered an order dismissing a lawsuit against a former correctional officer. The correctional officer was represented by SMS attorneys Lou Ann S. Cyrus and Emily L. Lilly. The order was entered after the correctional officer moved for summary judgment based on the plaintiff’s failure to exhaust administrative remedies while incarcerated. State and federal law requires that an inmate plaintiff exhaust all available administrative remedies prior to filing a lawsuit related to the [...]
Austin Longnecker Tyler Rittenhouse Shuman, McCuskey & Slicer is excited to welcome our 2020 Summer Associates Austin Longnecker and Tyler L. Rittenhouse. Austin graduated from West Virginia University in 2015 with a B.A. in Criminology. He is currently a rising third-year law student at West Virginia University College of Law. Austin is originally from Centreville, Virginia, but grew up in West Virginia's Eastern Panhandle. His past experience includes clerking for the Honorable Robert Trumble in the Northern District of West Virginia. Austin is interested in Insurance [...]
At last, the time has come to return to the workplace! After all of the remote work and reduced staff (and potentially earnings), the time has come to resume the New Normal, so why aren’t you happier to hear that? As an employer or supervisor, you may be feeling the various regulatory and health pressures on top of the usual mandates of productivity and profitability. We understand those pressures and are here to help. Below are a few key guidelines and resources that will keep you informed and provide [...]