Viewing 1 - 10 out of 109 posts

Why Engage a Defense Attorney Early in a Catastrophic Injury Case

A catastrophic injury is one that results in a severe disability or significant disfigurement that is either very long term or permanent. Examples of these injuries include paralysis, loss of Read More

Key Defenses to Bad Faith Insurance Lawsuits

A lawsuit alleging bad faith exposes an insurance company to significant liability and can damage its reputation in the marketplace. In West Virginia, bad faith is a tort cause of Read More

WV Slip and Fall Cases Must Overcome the “Open and Obvious” Defense

Slip and fall accidents result in some of the most common and costly lawsuits faced by commercial property owners and managers in West Virginia. Generally, anyone in charge of a Read More

New WV Intermediate Court of Appeals Begins Operations

It isn’t every day that the structure of a state’s judicial system changes, but that happened in West Virginia on July 1, when the new Intermediate Court of Appeals (ICA) Read More

WV Court Rules Jury Can Allocate Fault to Nonparty Who Is Immune

The Supreme Court of West Virginia has clarified the meaning of a statute that limits defendants’ liability by factoring in the conduct of other people or entities that contribute to Read More

How Does the “Open and Obvious Hazard” Defense Affect Premises Liability Claims?

Premises liability cases arise when one person is injured while on another person’s property. A classic example is the slip-and-fall case. The law imposes a duty on landowners and/or occupiers Read More

Can an Employer be Held Legally Responsible for Sexual Harassment of an Employee by a Third Party?

Every employer has a duty to maintain a safe work environment for its employees, which includes keeping the workplace free from sexual harassment. That includes taking reasonable measures to prevent Read More

When Can an Employer Request a Second Opinion Certification for an Employee’s FMLA Request?

The Family Medical Leave Act (“FMLA”) gives employees of many organizations the right to up to 12 weeks of unpaid leave to care for a new child, to deal with Read More

Will Increased Use of Lithium-Ion Batteries in Everyday Items Increase Injury Litigation?

Lithium-ion batteries are found in everyday items like cell phones, laptops, vaping devices and power tools. They offer high power and long life, some lasting for several years. They are Read More

U.S. Supreme Court Affirms Qualified Immunity for Police in Shooting Cases

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

Viewing 1 - 10 out of 109 posts