U.S. Supreme Court Affirms Qualified Immunity for Police in Shooting Cases
- posted: Jan. 18, 2022
- Civil Rights
Over the past few months, a unanimous U.S. Supreme Court issued rulings that confirmed the vitality of the doctrine of qualified immunity—a doctrine that recognizes that police sometimes face difficult Read More
West Virginia Limits Wrongful Death Suits on Behalf of Unborn Children
- posted: Sep. 15, 2020
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 Read More
Understanding the Duty to Provide Reasonable Accommodations for Disabled Employees
- posted: Aug. 15, 2020
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 Read More
West Virginia Top Court Declines to Review Claims Commission Decisions
- posted: Jul. 15, 2020
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 Read More
Private Employee Fired for Reporting Alleged Criminal Activity Cannot Bring Retaliatory Discharge Suit
- posted: Jun. 15, 2020
Although West Virginia is an at will employment state, where employers may normally fire their employees with or without cause, the state Supreme Court of Appeals has made an exception Read More
West Virginia Supreme Court Tightens Pleading Standards in Wrongful Discharge Cases
- posted: May 15, 2020
West Virginia is an “at will” employment state, where an employer may normally fire its employees with or without cause, but an exception to that rule is when the termination Read More
Practical Measures for Employers Facing Workers’ Compensation Claims
- posted: Sep. 16, 2019
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. Read More
What Does It Mean to Be Shamblinized?
- posted: Aug. 15, 2019
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 Read More
An Overview of the West Virginia Wage Payment and Collection Act
- posted: Jul. 15, 2019
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 Read More
What Is a Deliberate Intent Lawsuit?
- posted: May 15, 2019
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 Read More
