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The Importance of Bellwether Trials in MDL Mass Tort Litigation

A multidistrict litigation (MDL) is a consolidation of a large number of similar lawsuits into a single federal court for pretrial proceedings. This streamlines the process for handling complex cases Read More

West Virginia Considers Bill to Eliminate Police Qualified Immunity

Entering the national conversation about police accountability and reform, West Virginia legislators are considering a measure that would remove the shield of qualified immunity for government employees — particularly law Read More

Potential Defenses to Breach of Contract Lawsuits

A breach of contract lawsuit stems from one party accusing another of failing to fulfill the terms and obligations outlined in an agreement. When such a breach is proven, the Read More

Creating a Will That Can Stand Up to Contests

Every will is subject to the scrutiny of the probate court. Probate is a public proceeding that requires giving notice to all potential heirs of decedent, whether or not they Read More

How “Related Claims” Clauses in Policies Can Trigger Coverage Disputes

Some liability insurance policies provide coverage on a “claims made” basis, which means they are triggered when an injurious event is reported, regardless of when it occurred. Some of these Read More

Effective Insurer Defenses Against Bad Faith Insurance Lawsuits

In West Virginia, bad faith is a cause of action that an insured party can bring against its own insurer for allegedly using delays and unfair tactics to avoid paying Read More

How Property Owners Can Defend Against Premises Liability Claims

As a commercial or residential property owner in West Virginia, you have a legal duty to keep your property safe for anyone who may be expected to enter. This means Read More

When Are Restrictive Covenants Enforceable Under West Virginia Law?

Restrictive covenants are contractual clauses that limit a terminated employee's ability to work for a competitor or to solicit customers or employees from their former employer. Covenants can be valuable Read More

Why You Should Have Both a Living Trust and a Pour-Over Will

A living trust is a popular means of transferring money and property to heirs and other beneficiaries without a will. You can move assets into the trust and, as the Read More

Disputing Fraudulent Policyholder Claims Under the WV Insurance Fraud Prevention Act

Fraud perpetrated by insured parties continues to plague the insurance industry, driving up litigation expenses for insurance companies and ultimately pushing premium costs higher for everyone. Insurance companies defending against Read More

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