Court Finds Termination of Employment Does Not Contravene the Family and Medical Leave Act
- posted: Mar. 15, 2020
From a distance, when an employer terminates an employee right after that employee takes medical leave under the Family and Medical Leave Act (FMLA), it looks suspicious. And in fact, Read More
Court Upholds Dismissal for Failure to Prosecute in Tobacco Claim
- posted: Feb. 15, 2020
The story is a familiar one for tobacco manufacturers embroiled in litigation: even if you win, the lawsuits keep coming. A decision from the West Virginia Supreme Court of Appeals Read More
Recent Oklahoma Decision Suggests Increased Responsibility for Pharmaceutical Marketing
- posted: Jan. 15, 2020
One of the nation’s largest pharmaceutical and chemical companies, Johnson & Johnson, found themselves on the wrong side of legal history in a recent federal case involving the marketing of Read More
State High Court Rules Employee Failed to Exhaust Administrative Remedies for Wrongful Termination Claim
- posted: Dec. 15, 2019
Pamela Schade was a program coordinator for the West Virginia University (WVU) National Environmental Services Center (NESC). In 2005, Schade discovered that a former employee of the NESC was being Read More
FTC Addresses Misleading Legal Advertisements and Potential for Interference with Physician-Patient Relationships
- posted: Nov. 15, 2019
The Federal Trade Commission (FTC) is cracking down on television advertisements by certain plaintiff’s law firms seeking potential plaintiffs to bring suits against pharmaceutical companies. In particular, the FTC asserts Read More
The Lohrmann Standard: A Framework for Analyzing Causation in Asbestos Claims
- posted: Oct. 15, 2019
More than 30 years ago, the U.S. Supreme Court established a framework for analyzing the causation element in asbestos claims in its decision in Lohrmann v. Pittsburgh Corning Corp. In this Read More
Practical Measures for Employers Facing Workers’ Compensation Claims
- posted: Sep. 16, 2019
From the moment a workplace injury or illness is reported, the actions that an employer takes can have a profound effect on the result of the associated workers’ compensation claim. Read More
What Does It Mean to Be Shamblinized?
- posted: Aug. 15, 2019
When engaging in settlement negotiations for a third-party claim where a verdict could exceed the relevant policy limit, insurers in West Virginia must be aware of becoming Shamblinized. This term refers Read More
An Overview of the West Virginia Wage Payment and Collection Act
- posted: Jul. 15, 2019
All wage payments in West Virginia are regulated and enforced by the state Division of Labor under the West Virginia Wage Payment and Collection Act, unless federal statute preempts state Read More
Joint and Several Liability in West Virginia Now Defunct Due to Comparative Fault Rules
- posted: Jun. 15, 2019
In early 2015, then-governor of West Virginia Earl Ray Tomblin signed House Bill 2002 into law. It established new comparative fault standards in West Virginia, abolishing joint liability in the Read More
