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Category Archive
General Liability Defense
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How an Intervening Criminal Act Can Relieve a Defendant of Liability in a Negligence Lawsuit

Whether we are thinking about a property owner defending against a slip-and-fall claim, an insurer involved in a motor vehicle accident case or a business facing a workers’ comp claim, the law of negligence is involved. It means the defendant breached a duty of care owed to the plaintiff and thereby caused the plaintiff to Read More

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Recent Oklahoma Decision Suggests Increased Responsibility for Pharmaceutical Marketing

One of the nation’s largest pharmaceutical and chemical companies, Johnson & Johnson, found themselves on the wrong side of legal history in a recent federal case involving the marketing of opioids and the ongoing prescription painkiller epidemic that allegedly resulted. On August 26, 2019, Judge Thad Balkman handed down a decision in the case of Read More

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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 Read More

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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 Read More

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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 Read More

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Insurance Defense Involving a Common Carrier

A “common carrier” is a person or company that transports goods or people for another party and is responsible for any possible loss of the goods during transport. Common examples of common carriers are forms of public transportation including busing and trucking companies. The Carmack Amendment, 49 U.S.C. §14706, provides the shipper with a statutory Read More

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