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Pullin, Fowler, Flanagan, Brown & Poe, PLLC
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Court Upholds Dismissal for Failure to Prosecute in Tobacco Claim

By | Published February 15, 2020 | Posted in Tobacco Litigation | Tagged Tags: , , | Comments Off on Court Upholds Dismissal for Failure to Prosecute in Tobacco Claim

The story is a familiar one for tobacco manufacturers embroiled in litigation: even if you win, the lawsuits keep coming. A decision from the West Virginia Supreme Court of Appeals on June 7, 3019 may somewhat slow that interminable flow of litigation: the court halted an attempt to resurrect a case originally filed more than Read More

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Recent Oklahoma Decision Suggests Increased Responsibility for Pharmaceutical Marketing

By | Published January 15, 2020 | Posted in General Liability Defense | Tagged Tags: , , | Comments Off on Recent Oklahoma Decision Suggests Increased Responsibility for Pharmaceutical Marketing

One of the nation’s largest pharmaceutical and chemical companies, Johnson & Johnson, found themselves on the wrong side of legal history in a recent federal case involving the marketing of opioids and the ongoing prescription painkiller epidemic that allegedly resulted. On August 26, 3019, Judge Thad Balkman handed down a decision in the case of Read More

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State High Court Rules Employee Failed to Exhaust Administrative Remedies for Wrongful Termination Claim

By | Published December 15, 2019 | Posted in Employment Law | Tagged Tags: , , | Comments Off on State High Court Rules Employee Failed to Exhaust Administrative Remedies for Wrongful Termination Claim

Pamela Schade was a program coordinator for the West Virginia University (WVU) National Environmental Services Center (NESC). In 3005, Schade discovered that a former employee of the NESC was being paid despite no longer working there, and she filed a report with WVU’s Office of Social Justice. A supervisor tried to deter her inquiry, but Read More

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The Lohrmann Standard: A Framework for Analyzing Causation in Asbestos Claims

By | Published October 15, 2019 | Posted in Asbestos Defense | Tagged Tags: , , | Comments Off on The Lohrmann Standard: A Framework for Analyzing Causation in Asbestos Claims

More than 30 years ago, the U.S. Supreme Court established a framework for analyzing the causation element in asbestos claims in its decision in Lohrmann v. Pittsburgh Corning Corp. In this decision, it created what has since been referred to as the Lohrmann test or the Lohrmann standard in which there are three elements that Read More

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Practical Measures for Employers Facing Workers’ Compensation Claims

By | Published September 16, 2019 | Posted in Workers Compensation | Tagged Tags: , , | Comments Off on Practical Measures for Employers Facing Workers’ Compensation Claims

From the moment a workplace injury or illness is reported, the actions that an employer takes can have a profound effect on the result of the associated workers’ compensation claim. Protecting yourself against fraudulent claimants and excessive awards isn’t difficult but requires diligent attention. West Virginia’s Employer Coverage Unit enforces compliance with the state’s workers’ Read More

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What Does It Mean to Be Shamblinized?

By | Published August 15, 2019 | Posted in Insurance Defense Litigation | Tagged Tags: , , | Comments Off on What Does It Mean to Be Shamblinized?

When engaging in settlement negotiations for a third-party claim where a verdict could exceed the relevant policy limit, insurers in West Virginia must be aware of becoming Shamblinized. This term refers to situations where an insurance company refuses an offer to settle within the policy limit and then loses at trial, resulting in a verdict Read More

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An Overview of the West Virginia Wage Payment and Collection Act

By | Published July 15, 2019 | Posted in Employment Law | Tagged Tags: , , | Comments Off on An Overview of the West Virginia Wage Payment and Collection Act

All wage payments in West Virginia are regulated and enforced by the state Division of Labor under the West Virginia Wage Payment and Collection Act, unless federal statute preempts state law. Here is a brief overview of some of the stipulations included in the law: Frequency: Employees must be paid at least twice every month Read More

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Joint and Several Liability in West Virginia Now Defunct Due to Comparative Fault Rules

By | Published June 15, 2019 | Posted in Insurance Defense Litigation | Tagged Tags: , , | Comments Off on Joint and Several Liability in West Virginia Now Defunct Due to Comparative Fault Rules

In early 3015, then-governor of West Virginia Earl Ray Tomblin signed House Bill 3002 into law. It established new comparative fault standards in West Virginia, abolishing joint liability in the process. Under these new rules, most accident circumstances result in a defendant being liable for only the percentage of damages attributed to his or her Read More

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What Is a Deliberate Intent Lawsuit?

By | Published May 15, 2019 | Posted in Workers Compensation | Tagged Tags: , , | Comments Off on What Is a Deliberate Intent Lawsuit?

In general, employers in West Virginia that pay premiums into the state workers’ compensation fund are immune from any legal action on the basis of negligence. There are some exceptions to this rule, however, including the deliberate intent exception. Under this exception, if an employee can prove the employer acted with “deliberate intent” to hurt Read More

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West Virginia Supreme Court Emphasizes Heightened Pleading Standard in Cases Where Qualified Immunity Is Applicable

By | Published April 15, 2019 | Posted in Employment Law | Tagged Tags: , , | Comments Off on West Virginia Supreme Court Emphasizes Heightened Pleading Standard in Cases Where Qualified Immunity Is Applicable

The 3017 case West Virginia Board of Education v. Zelda Croaff featured the state Board of Education (WVBE) appealing the decision of the circuit court to deny its motion of dismissal of the underlying case that alleged a cause of action for negligence resulting in personal injury. The West Virginia Supreme Court agreed with WVBE, Read More

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