901 Quarrier Street, James Mark Building, Charleston, West Virginia 25301
Call for initial consulation 304-344-0100 Call for initial consulation 304-344-0100

Blog

Recent Blog Posts

What Happens to the Fee-Shifting Provision of the Wage Payment and Collection Act When Wage Claims Get Resolved Pre-suit?

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 not properly interpret the Wage Payment and Collection Act in granting respondent Grayson Assisted Living, Inc.’s motion to dismiss. The West Virginia Supreme Court found […]

Where Does the “Open and Obvious” Doctrine Meet the Duty to Keep Premises Reasonably Safe?

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 filed a response supporting the Circuit Court’s order and brought a cross-assignment of error. Upon appeal, the West Virginia Supreme Court ruled the facts and […]

Public Statements Alone Insufficient to Prove “Publicity” in False Light Claims

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 principal, Clinton Giles, against the Kanawha County Board of Education and one of its board members, Pete Thaw. Our firm was part of the legal […]

West Virginia Supreme Court Reaffirms the Application of Joint Employment Relationship in Claims Against a County Commission

West Virginia has previously held county commission employees may be joint employees of the county commission and an elected county official, including county clerks, circuit clerks, and assistant prosecuting attorneys. The state Supreme Court recently reaffirmed this ruling in Burke v. Wetzel County Commission. Case background Burke began working in the County Assessor’s Office in […]

City of Marmet v. Hunter – PFFB&P Wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously reversed the Kanawha County Circuit Court’s denial of our client’s motion for summary judgment based upon the statutory immunity of the City of Marmet and its police officer as governed by the West Virginia Government Tort Claims and Insurance Reform Act found at […]

B.R. v. WVDHHR – PFFB&P Wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the Kanawha County Circuit Court’s granting of the motion to dismiss based upon the qualified immunity of the West Virginia Department of Health and Human Resources, the Bureau for Children and Families and Child Protective Services.  The Petitioner alleged a sole negligence […]

Day v. WVDMAPS – PFFB&P wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals affirmed the Kanawha County Circuit Court finding that the Capitol Police did not wrongfully discharge the Petitioner.  In Day v. WV Dept. of Military Affairs and Public Safety the Court affirmed the judgement as a matter of law that was granted in favor of […]

Davis v. Schooley – PFFB&P wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the Randolph County Circuit Court and confirmed the limitations on a party’s ability to refile dismissed cases under the West Virginia Savings Statute.  PFFB&P attorneys Matthew Whitler and Anthony Delligatti were successful in arguing to the West Virginia Supreme Court of Appeals […]

Heaster v. Robinson – PFFB&P wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the decision of a three-judge panel that granted a county commissioner’s motion for judgment as a matter of law at the close of the citizen group’s case-in-chief.  The citizen group sought to remove a County Commissioner under West Virginia Code 6-6-7 for […]

Can a Non-Signatory to a Written Agreement Compel Arbitration Against an Unwilling Signatory?

West Virginia’s courts have determined that responding to an offer by acting on it – even when accompanied by silence – provides an acceptance of an agreement that goes along with the transaction. Sometimes a party accepting an offer decides to file a lawsuit despite the contract stipulating all disputes must be settled through arbitration. […]

X

Contact Form

We will respond to your inquiry in a timely fashion. Thank you.

Quick Contact Form