U.S. Justices Will Not Hear Appeal of Monsanto Settlement

The U.S. Supreme Court will not hear an appeal of Monsanto Co.’s massive settlement with thousands of West Virginia residents.

In an order Monday, justices said they would not review the $93 million settlement reached in the lawsuit. The Charleston Gazette said that means thousands of Nitro-area residents are closer to receiving medical monitoring and having their property cleaned up.

 
In November, the West Virginia Supreme Court affirmed a January 2013 ruling approving the class-action settlement. The lawsuit alleged that the Nitro community was contaminated with dioxin from the former Monsanto chemical plant.
 
The plaintiffs said Monsanto polluted their community by burning waste from production of the defoliant Agent Orange.  
 
Under the settlement, thousands of Nitro-area residents will be eligible for the medical monitoring and property cleanups.

Court Says W.Va. Jail Agency Not Liable in Lawsuit

The West Virginia Supreme Court has dismissed the state Regional Jail Authority from a lawsuit that alleged a male correctional officer repeatedly raped a female inmate.
 
The court says the authority is entitled to immunity because the woman failed to provide any evidence that the officer’s alleged actions occurred within the scope of his employment.

The ruling came in a lawsuit filed by the woman against the authority and the officer. The lawsuit alleged that the officer raped the woman 17 times while she was an inmate at the Southern Regional Jail in 2009.
 
The lawsuit claimed the authority was negligent in training, supervision and retention of the officer.
 
The Charleston Gazette says the court issued its 4-1 opinion Thursday. Chief Justice Robin Davis dissented.
 

State's Court E-Filing System Being Put to Test Tuesday

A Fairmont attorney is days away from making judicial history in West Virginia.

 
     Attorney J. Scott Tharp will file a civil suit on line Tuesday in Marion County Circuit Court, testing West Virginia’s new e-filing system.
 
     The court’s clerk, Rhonda Starn, told The State Journal the e-filing system will save counties thousands of dollars and won’t cost a single job.
 
     The West Virginia Supreme Court is picking up the tab for the statewide technology upgrade.
 
     Matt Arrowood is director of the court’s division overseeing circuit clerk services. He said the Marion County e-filing system will work out any bugs before it’s rolled out statewide.
 

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