Viewing 61 - 70 out of 113 posts

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Day v. WVDMAPS - PFFB&P wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals affirmed the Kanawha County Circuit Court finding that the Capitol Police did not wrongfully discharge the Petitioner.  In Day Read More

Davis v. Schooley - PFFB&P wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the Randolph County Circuit Court and confirmed the limitations on a party’s ability to refile dismissed cases Read More

Heaster v. Robinson - PFFB&P wins at the WVSCt

On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the decision of a three-judge panel that granted a county commissioner’s motion for judgment as a matter Read More

Can a Non-Signatory to a Written Agreement Compel Arbitration Against an Unwilling Signatory?

West Virginia’s courts have determined that responding to an offer by acting on it – even when accompanied by silence – provides an acceptance of an agreement that goes along Read More

District Courts in West Virginia Resolve Spokeo Standing Issues in Plaintiffs’ Favor

To have standing to file a lawsuit, a plaintiff must show actual damages that resulted from a concrete harm caused by a defendant, which can be fixed by a court’s Read More

Recent Statute Requires an Employee’s Mitigation of Lost Wages to Be Held Retroactively

West Virginia juries traditionally awarded employees generous or “double” damages after determining they were wrongfully terminated by an employer who acted with malicious intent or willful disregard for their rights. Read More

Can an Inmate File a Workers’ Compensation Claim While on Work Release?

Private businesses in West Virginia contracting inmates through the Prison Industry Enhancement (PIE) Certification Program are required to carry workers' compensation insurance to cover them for on-the-job injuries. Inmates injured Read More

Anti-Stacking Applied to Courts’ Interpretations of Underinsured Motorist Coverage

West Virginia automobile insurance companies can include anti-stacking provisions in their coverage for underinsured motorists (UIM), which West Virginia law requires all drivers to purchase. But when there is more Read More

Qualified Immunity Shields Government Employer from Employee Claims of Infringement of a Liberty Interest and Wrongful Termination

West Virginia’s at-will-employment doctrine allows employers to terminate an employee at any time with or without notice, and without cause or compensation for any reason provided it’s not illegal. That Read More

Law Requires Dealers to Warn Buyers About Flood-damaged Cars

  Even though the waters have receded, the massive floods that afflicted West Virginia in 2016 present ongoing liability issues for auto dealers in the state. Under the West Virginia salvage Read More

Viewing 61 - 70 out of 113 posts

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