Viewing 71 - 80 out of 109 posts

West Virginia Suit Alleges Illegal Firing of Workers’ Compensation Claimant

Employers in West Virginia and throughout the country must take great care when terminating someone who has filed a workers’ compensation claim. Recently, a former Dish Network employee alleged that Read More

Proof of Safer Alternative Required in WV Medical Device Defect Claim

Surgical mesh lawsuits filed throughout the United States have led to major liability for manufacturers of medical devices. However, in certain jurisdictions, the “feasible alternative” requirement can make it much Read More

West Virginia Legislators to Consider Medical Monitoring Revisions

Medical monitoring costs can spiral out of control in litigation arising from alleged exposure to hazardous substances. These awards require defendants to fund medical testing for plaintiffs who don’t show Read More

West Virginia Raises Mandatory Auto Insurance Limits

  In 2016, West Virginia enacted new mandatory auto insurance limits for drivers throughout the state. This change, the first since 1979, means that policies must cover at least $25,000 per Read More

Allocating Liability Under West Virginia’s New Fault Laws

In 2015, West Virginia enacted new rules that significantly changed the apportionment of fault in negligence actions. Under what is known as a modified comparative fault standard, plaintiffs who Read More

Obvious Hazard Defense No Longer Bars WV Liability Claims

For many years, laws in West Virginia and elsewhere allowed property owners to defeat premises liability claims on the ground that the purportedly dangerous condition was open and obvious. Read More

Enforceability of “No Damages for Delay” Contracts in West Virginia

Many construction agreements prevent contractors from seeking damages associated with unexpected delays in the project. Even when the contractors bear no responsibility for the setback, they can be forced Read More

How Long Does a Duty to Defend Against Environmental Claims Last?

Environmental claims routinely involve allegations that date back several years or even decades. This creates difficult legal questions for potential defendants and their insurers. Sometimes sites are the subject Read More

Evaluating Whether Repetitive Stress Workers’ Compensation Claims Are Job Related

As office computer use increased in the 1990s, so did workers’ compensation claims for repetitive motion injuries often related to extensive keyboard usage. However, the use of smartphones and Read More

Defending Against West Virginia Lemon Law Claims

Buyer’s regret is common after a major purchase like a car. This can trigger unfounded claims under West Virginia’s “lemon law.” When someone asserts that warranties have been violated Read More

Viewing 71 - 80 out of 109 posts