City of Marmet v. Hunter - PFFB&P Wins at the WVSCt
- posted: May 25, 2018
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
B.R. v. WVDHHR - PFFB&P Wins at the WVSCt
- posted: May 23, 2018
On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the Kanawha County Circuit Court's granting of the motion to dismiss based upon the qualified immunity of Read More
Day v. WVDMAPS - PFFB&P wins at the WVSCt
- posted: May 21, 2018
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
- posted: May 18, 2018
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
- posted: May 16, 2018
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?
- posted: Apr. 30, 2018
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
- posted: Apr. 15, 2018
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
- posted: Mar. 30, 2018
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?
- posted: Mar. 15, 2018
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
- posted: Feb. 28, 2018
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