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Pullin, Fowler, Flanagan, Brown & Poe, PLLC
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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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Private Employee Fired for Reporting Alleged Criminal Activity Cannot Bring Retaliatory Discharge Suit

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 when a termination would violate a substantial public policy. However, there are limits on which policies are substantial enough to support a suit, as a Read More

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West Virginia Supreme Court Tightens Pleading Standards in Wrongful Discharge Cases

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 would violate a principle of public policy. The West Virginia Supreme Court of Appeals held in Feliciano v. 7-Eleven, Inc. that a convenience store did Read More

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Federal Trade Commission Proposes Changes to Standards for Safeguarding Customer Information

It is important to protect customers’ private information. Automobile dealerships understand that, as does the Federal Trade Commission (FTC). As part of that understanding, car dealers have been required to comply with the Standards for Safeguarding Customer Information (“Safeguards Rule”) since 2003. The rule requires dealerships to safeguard non-public personal information (NPI) such as Social Read More

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