Cases Resolved by Powell & Majestro P.L.L.C.
A track record of proven success
Our attorneys have been representing victims of personal injury in complex litigation for over 20 years. Learn more about our litigation capabilities by reviewing the details of our case results, shown below:
- Morgan v. Bell Atlantic (Kanawha County, W.Va.)
- In re Diet Drugs (Brooke County, W.Va.)
- Ysbrand v. DaimlerChrysler Corporation (Sequoyah County, Okla.)
- Community Health Assn. v. Lucent Tech., Inc. (Kanawha County, W.Va.)
- Cross Country Bank v. McGraw (Kanawha County, W.Va.)
- In re Petition of B & H Towing (S.D.W.Va.)
- State v. Tanner, 175 W.Va. 264, 332 S.E.2d 277 (1985) admissibility of witness statements
- State v. Kelly, 175 W.Va. 337, 338 S.E.2d 405 (1985)
- State v. Gale, 177 W.Va. 337, 352 S.E.2d 87 (1986)
- State v. Deskins, 181 W.Va. 112, 380 S.E.2d 676 (1989)
- Coffman v. Shafer, 186 W.Va. 381, 412 S.E.2d 782 (1991)
- Dairyland Ins. Co. v. Voshel, 189 W.Va. 121, 428 S.E.2d 542 (1993)
- Chancellor v. Shannon, 200 W.Va. 1, 488 S.E.2d 1 (1997)
- Daily Mail v. Ranson, 200 W.Va. 5, 488 S.E.2d 5 (1997)
- Powell v. Wood County, 209 W.Va. 639, 550 S.E.2d 617 (2001)
- In re West Virginia Rezulin Litigation, 214 W.Va. 52, 585 S.E.2d 52 (2003)
- State v. Merritt, 21_ W.Va. ___, 650 S.E.2d 240 (2007), 2007 WL 1201102
Cutting-edge. Hard-working. Client-focused.
What other firms see as problems, we see as challenges. We work hard to formulate unique legal strategies for your case. Call our Charleston, WV lawyers today, toll free, at (800) 290.ATTY (2889) or contact Powell & Majestro P.L.L.C. online to schedule an initial consultation.
Morgan v. Bell Atlantic (Kanawha County, W.Va.)
Mr. Majestro was appointed class co-counsel in this statewide consumer fraud class action involving inside wire maintenance charges. Mr. Majestro’s work on this case included managing the deposition and document discovery and briefing and arguing the class and dispositive issues. Mr. Majestro successfully briefed and argued the appeal to the West Virginia Supreme Court which resulted in a published opinion setting forth new state law in the areas of primary jurisdiction and personal jurisdiction. State ex rel. Bell Atlantic-West Virginia, Inc. v. Ranson, 497 S.E.2d 755 (W.Va. 1997).
In re Diet Drugs (Brooke County, W.Va.)
Mr. Majestro was appointed class co-counsel in this statewide class action against the manufacturers and distributors of the diet drugs Fen-Phen and Redux. Mr. Majestro’s work on the case included class discovery and the briefing and arguing many of the jurisdictional, class, and dispositive motions in the case. Mr. Majestro successfully defended two trial court rulings on appeal to the West Virginia Supreme Court. After the state trial court certified a statewide class and the impending trial of that case was enjoined by the In re Diet Drugs M.D.L. Court, Mr. Majestro took the lead role in the briefing and argument challenging the injunction in the United States District Court for the Eastern District of Pennsylvania and the United States Court of Appeals for the Third Circuit. Thereafter, the case was settled on appeal, and Mr. Majestro took the lead role for the plaintiffs in implementing the statewide medical monitoring program which served as a model for the medical monitoring program implemented as part of the national settlement.
Ysbrand v. DaimlerChrysler Corporation (Sequoyah County, Okla.)
Mr. Majestro was appointed class co-counsel in this national class action against the manufacturer of minivans containing defective airbags. Mr. Majestro’s work on the case included supervising class discovery, and taking the lead role in briefing the jurisdictional, class, and dispositive motions in the case. Mr. Majestro successfully defended the order certifying the national class in the case in the Oklahoma Supreme Court and against a petition for certiorari to the United States Supreme Court. In convincing the Oklahoma Supreme Court to approve the certification of a national class, Mr. Majestro successfully distinguished a number of contrary opinions declining national class certifications in state-law warranty cases. See Ysbrand v. DaimlerChrysler Corp., 81 P.3d 618 (Okla. 2003).
Community Health Assn. v. Lucent Tech., Inc. (Kanawha County, W.Va.)
Mr. Majestro was appointed class counsel in this national class action against the manufacturers and distributors of approximately 100,000 business telephone systems that were not Y2K compliant. Mr. Majestro’s role in the case included successfully briefing and arguing class, jurisdictional, and dispositive motions including related attempted appeals to the United States Court of Appeals for the Fourth Circuit and the West Virginia Supreme Court. Mr. Majestro participated in the conduct of fact discovery and in the preparation and retention of experts. Mr. Majestro designed the case theory that allowed successful certification of the state-law claims on a national basis while complying with requirements of the then newly-enacted federal Y2K Act.
Cross Country Bank v. McGraw (Kanawha County, W.Va.)
Mr. Majestro was appointed Special Assistant Attorney General and served as lead counsel in the State’s investigation of and litigation against a sub-prime credit card bank. The ultimate settlement of the case provided over $3 million in debt relief and other payments along with significant injunctive relief.
In re Petition of B & H Towing (S.D.W.Va.)
Mr. Majestro served as liaison counsel for the claimants in an admiralty mass tort pending in the United States District Court for the Southern District of West Virginia and the Circuit Court of Wood County, West Virginia. Mr. Majestro developed the legal theories that permitted the claimants to successfully persuade the petitioners to settle the action. In addition to the individual claims, Mr. Majestro was retained by the Ohio Department of Transportation as one of the attorneys pursuing the State of Ohio’s multi-million dollar damage claim. Ultimately, the petitioners were forced to offer their $20 million insurance policy limits, approximately half of which was paid to Mr. Majestro’s clients.
