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


Recent Blog Posts

Can an Inmate File a Workers’ Compensation Claim While on Work Release?

Private businesses in West Virginia contracting inmates through the Prison Industry Enhancement (PIE) Certification Program are required to carry workers’ compensation insurance to cover them for on-the-job injuries. Inmates injured while working for the private sector in one of these jobs can thus file a claim for workers’ compensation benefits. But compensation for an inmate’s […]

Anti-Stacking Applied to Courts’ Interpretations of Underinsured Motorist Coverage

West Virginia automobile insurance companies can include anti-stacking provisions in their coverage for underinsured motorists (UIM), which West Virginia law requires all drivers to purchase. But when there is more than one car or more than one driver involved in a collision, a claimant cannot add everything together (stack the claim) and receive more than […]

Qualified Immunity Shields Government Employer from Employee Claims of Infringement of a Liberty Interest and Wrongful Termination

West Virginia’s at-will-employment doctrine allows employers to terminate an employee at any time with or without notice, and without cause or compensation for any reason provided it’s not illegal. That protects many employers from wrongful termination claims. For government employers, qualified immunity can offer additional protection against lawsuits brought by terminated employees. A Kanawha County […]

Law Requires Dealers to Warn Buyers About Flood-damaged Cars

  Even though the waters have receded, the massive floods that afflicted West Virginia in 2016 present ongoing liability issues for auto dealers in the state. Under the West Virginia salvage title rule, when a vehicle has been submerged in water, this fact must be reflected on its legal title. This also applies to other […]

Ohio Football Helmet Manufacturer Playing Defense on Concussion Claims

News stories, television reports and even feature films have addressed the potential injuries that can result from blows to the head suffered by football players. Major helmet manufacturers like Riddell, located in Elyria, Ohio, are investing significant resources into making the safest possible equipment, but they are still facing several types of lawsuits. Riddell and […]

Numerous Defendants Sued After Kentucky Truck Driver’s Fatal Crash

A devastating truck crash in 2015 involving a Kentucky truck driver has led to litigation against several defendants. Six people died when Ben Brewer drove his vehicle into traffic that had slowed down suddenly due to construction work on Interstate 75 in Ooltewah, Tennessee. Taken together, the claims add up to more than $200 million. […]

Federal Regulator Who Penalized Auto Dealerships Is Leaving Position

  Along with doing business under a new presidential administration, car dealers might be experiencing a new regulatory environment for business matters such as financing and advertising. A top federal regulator who was responsible for numerous actions against automobile dealerships is stepping down. Jessica Rich, director of the Federal Trade Commission’s Bureau of Consumer Protection, […]

Permit Shield Does Not Protect Environmental Defendants if Terms Are Not Followed

Complex environmental regulations can frustrate the most sophisticated companies. No matter how much time, money and effort is put into environmental safety, changing rules and contradictory directives can trigger significant legal exposure. To alleviate this problem, “permit shield” protection was established so that companies could avoid civil liability by following government instructions in regard to […]

West Virginia Suit Alleges Illegal Firing of Workers’ Compensation Claimant

Employers in West Virginia and throughout the country must take great care when terminating someone who has filed a workers’ compensation claim. Recently, a former Dish Network employee alleged that he was unlawfully fired because he sought benefits related to an on-the-job injury. Under the West Virginia Workers’ Compensation Code, terminating someone while they are […]

Proof of Safer Alternative Required in WV Medical Device Defect Claim

Surgical mesh lawsuits filed throughout the United States have led to major liability for manufacturers of medical devices. However, in certain jurisdictions, the “feasible alternative” requirement can make it much more difficult for plaintiffs to win these cases. Applying West Virginia state law, the U.S. District Court for the Southern District of West Virginia ruled […]


Contact Form

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

Quick Contact Form