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Defending Against a Claim of Mixed-Motive Discrimination in Employment

Employers face may discrimination claims when employees believe they have been retaliated against, demoted, terminated or otherwise disciplined because of unlawful reasons, such as the employee’s race, ethnicity, disability or Read More

How Apple’s iMessage Unsend and Edit Feature Could Complicate eDiscovery

Apple’s new iOS 16 operating system for iPhones and iPads includes features that companies and lawyers should know about because of their implications for eDiscovery. Released in September 2022, the Read More

Proposed FTC Rule Would Place Sharp Restrictions on Vehicle Dealers

The Federal Trade Commission (FTC) is seeking to adopt a rule that it claims will make the motor vehicle-buying process clearer and more competitive and also allow the FTC to Read More

Raising Assumption of Risk as a Defense in Sexual Harassment Cases

A woman may accept work in a job that is known for capitalizing on the sex appeal of the employees, such as a cocktail waitress or VIP hostess at a Read More

How Third-Party Funding Can Drive Litigation

Insurance companies are often criticized for taking any opportunity they can to raise premiums while limiting payouts on claims. However, one thing that drives up the costs of these premiums Read More

Are Police Robots Covered by Municipal Qualified Immunity?

The 1987 science fiction action film RoboCop featured a super-human cyborg from the future sent on a mission to eradicate crime in Detroit. Now, more than 35 years later, technology Read More

Tracking Employees’ PCs to Monitor Work Productivity

The increasingly popular practice of employees working from home has altered what used to be tried and true supervisory methods. No longer can employers visually monitor employees to make sure Read More

Why Engage a Defense Attorney Early in a Catastrophic Injury Case

A catastrophic injury is one that results in a severe disability or significant disfigurement that is either very long term or permanent. Examples of these injuries include paralysis, loss of Read More

Key Defenses to Bad Faith Insurance Lawsuits

A lawsuit alleging bad faith exposes an insurance company to significant liability and can damage its reputation in the marketplace. In West Virginia, bad faith is a tort cause of Read More

WV Slip and Fall Cases Must Overcome the “Open and Obvious” Defense

Slip and fall accidents result in some of the most common and costly lawsuits faced by commercial property owners and managers in West Virginia. Generally, anyone in charge of a Read More

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