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
PF&F Prevents Overreach by Plaintiff in Trial of Multi-Vehicle Accident
- posted: Jul. 27, 2016
At Pullin, Fowler, Flanagan, Brown & Poe, PLLC, we like to talk about the “PF&F difference.” That phrase often refers to the intangibles of quality legal service, but in a Read More
PF&F Wins Appeal for West Virginia Board of Education in Superintendent Firing Case
- posted: Dec. 03, 2015
In a case that may have lasting implications for at-will employees of State government, the Supreme Court of Appeals of West Virginia ruled in favor of the West Virginia Board Read More
What You Should Know about Construction Liens in West Virginia
- posted: Sep. 11, 2015
Construction projects can run into problems for various reasons. Financing may fall through, there may be a dispute about the terms of the contract, or the property owner may be Read More