Viewing 61 - 70 out of 124 posts

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Where Do Government Facebook Posts Implicate Free Speech Rights and Give Rise to a Harless Claim?

Recently, the Supreme Court of Appeals of West Virginia heard the case of Douglas A. Day vs. West Virginia Department of Military Affairs and Public Safety and the West Virginia Read More

How Far Does Free Speech Extend into the Workplace?

Everyone who lives in the United States has a constitutionally protected right to free speech. But how far does that right extend into the workplace? First, it is important to understand Read More

Will an Arbitration Agreement Hold Up in Court?

Earlier this year, the Supreme Court of the United States heard the case of Epic Systems Corp v. Lewis. The case dealt with the issue of whether the Federal Arbitration Act Read More

West Virginia Supreme Court Favors Employer in Another Case Addressing Deliberate Intent

FirstEnergy Generation LLC recently appealed the December 2016 order of the Circuit Court of Harrison County following an adverse jury verdict in a “deliberate intention” action filed by the plaintiffs, Read More

Has the Fourth Circuit Reversed Its Position on the Use of Handcuffs in Search and Seizure Contexts?

The U.S. Court of Appeals for the Fourth Circuit recently heard the case of E.W. (a minor, case filed through mother T.W.) v. Rosemary Dolgos (a school resource officer) and Read More

Will Violations of Internal Policies Dissolve State Agencies’ Qualified Immunity Defense?

In the recent case of Bill J. Crouch v. Eric Gillispie, the West Virginia Supreme Court ruled in favor of Mr. Crouch, who serves as the secretary of the West Virginia Read More

What Happens to the Fee-Shifting Provision of the Wage Payment and Collection Act When Wage Claims Get Resolved Pre-suit?

Cameron Brown recently appealed a Circuit Court of Wayne County order denying his “motion for reconsideration” of the court’s dismissal of his original complaint, arguing that the Circuit Court did Read More

Where Does the “Open and Obvious” Doctrine Meet the Duty to Keep Premises Reasonably Safe?

In January, the West Liberty University Board of Governors and West Liberty University appealed pretrial rulings in the respondent Stewart Lane’s action for premises liability and/or dangerous conditions. The respondent Read More

Public Statements Alone Insufficient to Prove “Publicity” in False Light Claims

On January 5, 2017, the West Virginia Supreme Court affirmed a circuit court’s Rule 12(b)(6) dismissal of false light invasion of privacy and defamation claims brought by former high school Read More

City of Marmet v. Hunter - PFFB&P Wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously reversed the Kanawha County Circuit Court's denial of our client's motion for summary judgment based upon the statutory Read More

Viewing 61 - 70 out of 124 posts

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