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Revised WV Consumer Credit Law Allows Damages for Frivolous Claims, Expands Attorneys’ Fees

By | Published February 15, 2022 | Posted in Business Law | Tagged Tags: , | Comments Off on Revised WV Consumer Credit Law Allows Damages for Frivolous Claims, Expands Attorneys’ Fees

West Virginia has enacted important business-friendly revisions of the state’s principal consumer protection law. The amended law provides ways for defendant businesses to limit exposure to attorneys’ fee awards and to recover fees on their own. In addition, either party in a suit under the law can win damages if the other party is found Read More

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U.S. Supreme Court Affirms Qualified Immunity for Police in Shooting Cases

By | Published January 15, 2022 | Posted in Civil Rights | Tagged Tags: , , | Comments Off on U.S. Supreme Court Affirms Qualified Immunity for Police in Shooting Cases

Over the past few months, a unanimous U.S. Supreme Court issued rulings that confirmed the vitality of the doctrine of qualified immunity—a doctrine that recognizes that police sometimes face difficult situations requiring them to make split-second, life-or-death decisions. In two cases, both of which involved Section 1983 civil rights claims that police used excessive force, Read More

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Immigration Considerations for Employers Hiring Foreign Workers

By | Published December 15, 2021 | Posted in Employment Law | Tagged Tags: , , | Comments Off on Immigration Considerations for Employers Hiring Foreign Workers

Businesses in West Virginia sometimes find themselves trying to fill jobs for which local workers are in short supply. Hiring workers from abroad on a temporary or permanent basis can be an effective solution. However, this requires planning and attention to necessary immigration procedures, which can be complex and time-consuming. In many cases, hiring a Read More

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What Foreign College Applicants Need to Know About Student Visas

By | Published November 15, 2021 | Posted in Education Law | Tagged Tags: , , | Comments Off on What Foreign College Applicants Need to Know About Student Visas

In 3030, shutdowns in government services related to the COVID-19 pandemic triggered an 87 percent drop in visas granted to international students. But now, as U.S. consulates and embassies in more countries have reopened, more students, both new and returning, should be able to acquire visas. If you want to pursue your education in the Read More

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What Businesses Should Be Thinking About as the COVID-19 Vaccine Mandate Approaches

By | Published October 15, 2021 | Posted in Employment Law | Tagged Tags: , , | Comments Off on What Businesses Should Be Thinking About as the COVID-19 Vaccine Mandate Approaches

Companies with 100 or more employees will soon be required to mandate that employees either get vaccinated against COVID-19 or submit to weekly testing. Although the Occupational Safety and Health Administration (OSHA) has not yet issued regulations to enforce the mandate, now is the time to begin planning for how your company may have to Read More

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New West Virginia Ban on Transgender Athletes Challenged in Court

By | Published September 15, 2021 | Posted in Civil Rights | Tagged Tags: , , , | Comments Off on New West Virginia Ban on Transgender Athletes Challenged in Court

A new law restricting transgender athletes from playing in school sports in West Virginia has already met its first court challenge. A few weeks after Governor Jim Justice signed the law on April 28, the American Civil Liberties Union filed a lawsuit on behalf of an 11-year-old trans girl who is now banned from joining Read More

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Who’s in Charge of Police Oversight? A New Municipal Review Board Faces Challenges

By | Published August 15, 2021 | Posted in Civil Rights | Tagged Tags: , , , | Comments Off on Who’s in Charge of Police Oversight? A New Municipal Review Board Faces Challenges

Following nationwide protests over police misconduct, the Morgantown, West Virginia city council passed an ordinance creating an advisory board to review its police department’s hiring, firing and conduct policies. But a legal challenge has been raised to the authority of the board versus that of the state-mandated Police Civil Service Commission, which critics argue is Read More

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West Virginia’s New View of Independent Contractors

By | Published July 15, 2021 | Posted in Business Law | Tagged Tags: , | Comments Off on West Virginia’s New View of Independent Contractors

Employers often ask about what defines an employee versus an independent contractor. A new West Virginia statute offers greater clarity on the differences between each of these categories of workers. The West Virginia Employment Law Workers Classification Act, which went in to effect on June 9, is designed to help employers understand the criteria for Read More

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How an Intervening Criminal Act Can Relieve a Defendant of Liability in a Negligence Lawsuit

By | Published April 15, 2021 | Posted in General Liability Defense | Tagged Tags: , , , | Comments Off on How an Intervening Criminal Act Can Relieve a Defendant of Liability in a Negligence Lawsuit

Whether we are thinking about a property owner defending against a slip-and-fall claim, an insurer involved in a motor vehicle accident case or a business facing a workers’ comp claim, the law of negligence is involved. It means the defendant breached a duty of care owed to the plaintiff and thereby caused the plaintiff to Read More

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Jury Finds Police Did Not Use Excessive Force During Logan County Arrest

By | Published March 15, 2021 | Posted in Civil Rights | Tagged Tags: , , | Comments Off on Jury Finds Police Did Not Use Excessive Force During Logan County Arrest

A federal jury in West Virginia has decided in favor of two Logan County police officers sued for allegedly violating a man’s civil rights by using excessive force during an arrest. The case stemmed from an incident in April 3018. Officers Joshua Tincher and Kevin Conley were investigating a report of a man performing a Read More

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