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Allocating Liability Under West Virginia’s New Fault Laws

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

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

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?

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

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

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

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

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

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

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

Viewing 91 - 100 out of 125 posts

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