Viewing 71 - 80 out of 127 posts

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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

B.R. v. WVDHHR - PFFB&P Wins at the WVSCt

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

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

Viewing 71 - 80 out of 127 posts

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