When Is Dismissal Voluntary Under the West Virginia Savings Statute?
- posted: Mar. 15, 2019
West Virginia’s Savings Statute is meant to give plaintiffs a second chance to bring an otherwise time-barred lawsuit if their original action was filed in a timely manner and dismissed Read More
Where Do Government Facebook Posts Implicate Free Speech Rights and Give Rise to a Harless Claim?
- posted: Feb. 15, 2019
Recently, the Supreme Court of Appeals of West Virginia heard the case of Douglas A. Day vs. West Virginia Department of Military Affairs and Public Safety and the West Virginia Read More
How Far Does Free Speech Extend into the Workplace?
- posted: Jan. 15, 2019
Everyone who lives in the United States has a constitutionally protected right to free speech. But how far does that right extend into the workplace? First, it is important to understand Read More
Will an Arbitration Agreement Hold Up in Court?
- posted: Dec. 19, 2018
Earlier this year, the Supreme Court of the United States heard the case of Epic Systems Corp v. Lewis. The case dealt with the issue of whether the Federal Arbitration Act Read More
West Virginia Supreme Court Favors Employer in Another Case Addressing Deliberate Intent
- posted: Aug. 30, 2018
FirstEnergy Generation LLC recently appealed the December 2016 order of the Circuit Court of Harrison County following an adverse jury verdict in a “deliberate intention” action filed by the plaintiffs, Read More
Has the Fourth Circuit Reversed Its Position on the Use of Handcuffs in Search and Seizure Contexts?
- posted: Aug. 15, 2018
The U.S. Court of Appeals for the Fourth Circuit recently heard the case of E.W. (a minor, case filed through mother T.W.) v. Rosemary Dolgos (a school resource officer) and Read More
Will Violations of Internal Policies Dissolve State Agencies’ Qualified Immunity Defense?
- posted: Jul. 30, 2018
In the recent case of Bill J. Crouch v. Eric Gillispie, the West Virginia Supreme Court ruled in favor of Mr. Crouch, who serves as the secretary of the West Virginia Read More
What Happens to the Fee-Shifting Provision of the Wage Payment and Collection Act When Wage Claims Get Resolved Pre-suit?
- posted: Jul. 15, 2018
Cameron Brown recently appealed a Circuit Court of Wayne County order denying his “motion for reconsideration” of the court’s dismissal of his original complaint, arguing that the Circuit Court did Read More
Where Does the “Open and Obvious” Doctrine Meet the Duty to Keep Premises Reasonably Safe?
- posted: Jun. 30, 2018
In January, the West Liberty University Board of Governors and West Liberty University appealed pretrial rulings in the respondent Stewart Lane’s action for premises liability and/or dangerous conditions. The respondent Read More
Public Statements Alone Insufficient to Prove “Publicity” in False Light Claims
- posted: Jun. 12, 2018
On January 5, 2017, the West Virginia Supreme Court affirmed a circuit court’s Rule 12(b)(6) dismissal of false light invasion of privacy and defamation claims brought by former high school Read More
