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How an Intervening Criminal Act Can Relieve a Defendant of Liability in a Negligence Lawsuit

Whether we are thinking about a property owner defending against a slip-and-fall claim, an insurer involved in a motor vehicle accident case or a business facing a workers’ comp claim, the law of negligence is involved. It means the defendant breached a duty of care owed to the plaintiff and thereby caused the plaintiff to Read More

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Jury Finds Police Did Not Use Excessive Force During Logan County Arrest

A federal jury in West Virginia has decided in favor of two Logan County police officers sued for allegedly violating a man’s civil rights by using excessive force during an arrest. The case stemmed from an incident in April 2018. Officers Joshua Tincher and Kevin Conley were investigating a report of a man performing a Read More

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Employees’ Sick Time and Family Leave Rights During COVID-19

As West Virginia continues to see rising numbers of new coronavirus cases, businesses and municipalities in the state need to be aware of their obligations regarding employee sick time and medical leave. The Families First Coronavirus Response Act (FFCRA) is the applicable federal law on this issue. Enacted on April 1 as part of the Read More

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What Could Happen to Businesses if a COVID-19 Surge Causes Closures This Winter?

As West Virginia heads into a winter of uncertainty, many business owners are wondering what might happen if COVID-19 cases increase so sharply that some version of the state’s original stay-at-home order needs to be re-implemented. The stay-at-home order took effect on March 24, soon after the state saw its first handful of coronavirus infections. Read More

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Municipal Governments Will Likely Take a Leading Role in COVID-19 Response This Winter

As the number of new coronavirus cases steadily rose across many parts of West Virginia in the late summer through fall, it became clear that the state would need to rely on county and municipal officials to make decisions to protect public health based on the situations in their communities. Reliance on local officials is Read More

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Remote Court Proceedings Becoming Crucial as Courts Limit Hours Due to COVID-19

The spread of COVID-19 in West Virginia accelerated in mid-summer and into fall. As a result, courts in some of the state’s more heavily affected areas implemented protocols and procedures designed to keep court employees, litigants and the public safe while continuing to provide as much access to the courts as possible. Remote court proceedings Read More

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How Conspiracy Tolls the West Virginia Statute of Limitations

Every state has laws that limit the time plaintiffs have to sue. Sometimes, though, the law allows for extending, or “tolling,” the time limit in certain circumstances. For instance, West Virginia’s statute of limitations may be tolled when the plaintiff does not know he or she has a cause of action and cannot known by Read More

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West Virginia Limits Wrongful Death Suits on Behalf of Unborn Children

The West Virginia Supreme Court of Appeals has previously permitted a wrongful death lawsuit in behalf of a nonviable child still in the womb. Now, the court has curtailed its ruling, holding that an ectopic embryo or ectopic fetus does not qualify as a person under the Wrongful Death Statute. The recent decision, in Saleh Read More

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Understanding the Duty to Provide Reasonable Accommodations for Disabled Employees

The West Virginia Human Rights Act requires employers to provide “reasonable accommodations” to disabled employees where necessary to allow them to perform their job duties. In a recent decision, the state Supreme Court of Appeals has put an important limitation on the scope of that requirement for both public and private employment. The facts in Read More

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West Virginia Top Court Declines to Review Claims Commission Decisions

The West Virginia Constitution makes the state government immune to suits against it. However, the state legislature may temper the harshness of that prohibition by enacting bills appropriating money to compensate people injured by the wrongful acts of the state government. The West Virginia Legislative Claims Commission was created to make findings and recommendations on Read More

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