State High Court Rules Employee Failed to Exhaust Administrative Remedies for Wrongful Termination Claim
- posted: Dec. 15, 2019
Pamela Schade was a program coordinator for the West Virginia University (WVU) National Environmental Services Center (NESC). In 2005, Schade discovered that a former employee of the NESC was being Read More
FTC Addresses Misleading Legal Advertisements and Potential for Interference with Physician-Patient Relationships
- posted: Nov. 15, 2019
The Federal Trade Commission (FTC) is cracking down on television advertisements by certain plaintiff’s law firms seeking potential plaintiffs to bring suits against pharmaceutical companies. In particular, the FTC asserts Read More
The Lohrmann Standard: A Framework for Analyzing Causation in Asbestos Claims
- posted: Oct. 15, 2019
More than 30 years ago, the U.S. Supreme Court established a framework for analyzing the causation element in asbestos claims in its decision in Lohrmann v. Pittsburgh Corning Corp. In this Read More
Practical Measures for Employers Facing Workers’ Compensation Claims
- posted: Sep. 16, 2019
From the moment a workplace injury or illness is reported, the actions that an employer takes can have a profound effect on the result of the associated workers’ compensation claim. Read More
What Does It Mean to Be Shamblinized?
- posted: Aug. 15, 2019
When engaging in settlement negotiations for a third-party claim where a verdict could exceed the relevant policy limit, insurers in West Virginia must be aware of becoming Shamblinized. This term refers Read More
An Overview of the West Virginia Wage Payment and Collection Act
- posted: Jul. 15, 2019
All wage payments in West Virginia are regulated and enforced by the state Division of Labor under the West Virginia Wage Payment and Collection Act, unless federal statute preempts state Read More
Joint and Several Liability in West Virginia Now Defunct Due to Comparative Fault Rules
- posted: Jun. 15, 2019
In early 2015, then-governor of West Virginia Earl Ray Tomblin signed House Bill 2002 into law. It established new comparative fault standards in West Virginia, abolishing joint liability in the Read More
What Is a Deliberate Intent Lawsuit?
- posted: May 15, 2019
In general, employers in West Virginia that pay premiums into the state workers’ compensation fund are immune from any legal action on the basis of negligence. There are some exceptions Read More
Our Beckley office is moving April 25, 2019
- posted: Apr. 19, 2019
Our Beckley office is moving, effective April 25, 2019. You will find us at 252 George St. and at the same phone numbers as before. Read More
West Virginia Supreme Court Emphasizes Heightened Pleading Standard in Cases Where Qualified Immunity Is Applicable
- posted: Apr. 15, 2019
The 2017 case West Virginia Board of Education v. Zelda Croaff featured the state Board of Education (WVBE) appealing the decision of the circuit court to deny its motion of dismissal Read More
