Proof of Safer Alternative Required in WV Medical Device Defect Claim
- posted: Mar. 27, 2017
Surgical mesh lawsuits filed throughout the United States have led to major liability for manufacturers of medical devices. However, in certain jurisdictions, the “feasible alternative” requirement can make it much Read More
West Virginia Legislators to Consider Medical Monitoring Revisions
- posted: Mar. 06, 2017
Medical monitoring costs can spiral out of control in litigation arising from alleged exposure to hazardous substances. These awards require defendants to fund medical testing for plaintiffs who don’t show Read More
West Virginia Raises Mandatory Auto Insurance Limits
- posted: Feb. 13, 2017
In 2016, West Virginia enacted new mandatory auto insurance limits for drivers throughout the state. This change, the first since 1979, means that policies must cover at least $25,000 per Read More
Allocating Liability Under West Virginia’s New Fault Laws
- posted: Jan. 23, 2017
In 2015, West Virginia enacted new rules that significantly changed the apportionment of fault in negligence actions. Under what is known as a modified comparative fault standard, plaintiffs who Read More
Obvious Hazard Defense No Longer Bars WV Liability Claims
- posted: Jan. 02, 2017
For many years, laws in West Virginia and elsewhere allowed property owners to defeat premises liability claims on the ground that the purportedly dangerous condition was open and obvious. Read More
Enforceability of “No Damages for Delay” Contracts in West Virginia
- posted: Dec. 12, 2016
Many construction agreements prevent contractors from seeking damages associated with unexpected delays in the project. Even when the contractors bear no responsibility for the setback, they can be forced Read More
How Long Does a Duty to Defend Against Environmental Claims Last?
- posted: Nov. 21, 2016
Environmental claims routinely involve allegations that date back several years or even decades. This creates difficult legal questions for potential defendants and their insurers. Sometimes sites are the subject Read More
Evaluating Whether Repetitive Stress Workers’ Compensation Claims Are Job Related
- posted: Oct. 31, 2016
As office computer use increased in the 1990s, so did workers’ compensation claims for repetitive motion injuries often related to extensive keyboard usage. However, the use of smartphones and Read More
Defending Against West Virginia Lemon Law Claims
- posted: Oct. 10, 2016
Buyer’s regret is common after a major purchase like a car. This can trigger unfounded claims under West Virginia’s “lemon law.” When someone asserts that warranties have been violated Read More
State Sues Huntington Used-Car Dealer, Alleging Warranty Violations
- posted: Sep. 20, 2016
Repeated complaints have prompted the state to file an action against a used-car dealer that alleges numerous violations of the state’s Consumer Credit and Protection Act. West Virginia Attorney Read More
