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FTC Addresses Misleading Legal Advertisements and Potential for Interference with Physician-Patient Relationships

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 that some of these ads make false and misleading claims which ultimately frighten viewers into discontinuing their medication which, in some instances, can be life Read More

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The Lohrmann Standard: A Framework for Analyzing Causation in Asbestos Claims

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 decision, it created what has since been referred to as the Lohrmann test or the Lohrmann standard in which there are three elements that Read More

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Practical Measures for Employers Facing Workers’ Compensation Claims

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. Protecting yourself against fraudulent claimants and excessive awards isn’t difficult but requires diligent attention. West Virginia’s Employer Coverage Unit enforces compliance with the state’s workers’ Read More

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What Does It Mean to Be Shamblinized?

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 to situations where an insurance company refuses an offer to settle within the policy limit and then loses at trial, resulting in a verdict Read More

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An Overview of the West Virginia Wage Payment and Collection Act

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 law. Here is a brief overview of some of the stipulations included in the law: Frequency: Employees must be paid at least twice every month Read More

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Joint and Several Liability in West Virginia Now Defunct Due to Comparative Fault Rules

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 process. Under these new rules, most accident circumstances result in a defendant being liable for only the percentage of damages attributed to his or her Read More

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What Is a Deliberate Intent Lawsuit?

In general, employers in West Virginia that pay premiums into the state workers’ compensation fund are immune from any legal action on the basis of negligence. There are some exceptions to this rule, however, including the deliberate intent exception. Under this exception, if an employee can prove the employer acted with “deliberate intent” to hurt Read More

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Our Beckley office is moving April 25, 2019

Our Beckley office is moving, effective April 25, 2019. You will find us at 252 George St. and at the same phone numbers as before.

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West Virginia Supreme Court Emphasizes Heightened Pleading Standard in Cases Where Qualified Immunity Is Applicable

The 2017 case West Virginia Board of Education v. Zelda Croaff featured the state Board of Education (WVBE) appealing the decision of the circuit court to deny its motion of dismissal of the underlying case that alleged a cause of action for negligence resulting in personal injury. The West Virginia Supreme Court agreed with WVBE, Read More

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When Is Dismissal Voluntary Under the West Virginia Savings Statute?

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 involuntarily on procedural grounds. Determining whether a dismissal is voluntary can be a complicated question requiring evidence of the plaintiff’s actions. In a case won Read More

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