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
Qualified Immunity Shields Government Employer from Employee Claims of Infringement of a Liberty Interest and Wrongful Termination
- posted: Feb. 16, 2018
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
- posted: Jul. 31, 2017
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
Ohio Football Helmet Manufacturer Playing Defense on Concussion Claims
- posted: Jul. 10, 2017
News stories, television reports and even feature films have addressed the potential injuries that can result from blows to the head suffered by football players. Major helmet manufacturers like Riddell, Read More
Numerous Defendants Sued After Kentucky Truck Driver’s Fatal Crash
- posted: Jun. 19, 2017
A devastating truck crash in 2015 involving a Kentucky truck driver has led to litigation against several defendants. Six people died when Ben Brewer drove his vehicle into traffic that Read More
