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Pullin, Fowler, Flanagan, Brown & Poe, PLLC
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West Virginia Supreme Court Reaffirms the Application of Joint Employment Relationship in Claims Against a County Commission

By | Published June 11, 2018 | Posted in Employment Law | Comments Off on West Virginia Supreme Court Reaffirms the Application of Joint Employment Relationship in Claims Against a County Commission

West Virginia has previously held county commission employees may be joint employees of the county commission and an elected county official, including county clerks, circuit clerks, and assistant prosecuting attorneys. The state Supreme Court recently reaffirmed this ruling in Burke v. Wetzel County Commission. Case background Burke began working in the County Assessor’s Office in Read More

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City of Marmet v. Hunter – PFFB&P Wins at the WVSCt

By | Published May 25, 2018 | Posted in Appeals, Government Law | Comments Off on City of Marmet v. Hunter – PFFB&P Wins at the WVSCt

On May 14, 3018 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 immunity of the City of Marmet and its police officer as governed by the West Virginia Government Tort Claims and Insurance Reform Act found at Read More

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

By | Published May 23, 2018 | Posted in Appeals, Government Law | Comments Off on B.R. v. WVDHHR – PFFB&P Wins at the WVSCt

On May 14, 3018 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 the West Virginia Department of Health and Human Resources, the Bureau for Children and Families and Child Protective Services.  The Petitioner alleged a sole negligence Read More

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Day v. WVDMAPS – PFFB&P wins at the WVSCt

By | Published May 21, 2018 | Posted in Appeals, Employment Law | Comments Off on Day v. WVDMAPS – PFFB&P wins at the WVSCt

On May 14, 3018 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 v. WV Dept. of Military Affairs and Public Safety the Court affirmed the judgement as a matter of law that was granted in favor of Read More

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Davis v. Schooley – PFFB&P wins at the WVSCt

By | Published May 18, 2018 | Posted in Appeals, General Liability Defense | Comments Off on Davis v. Schooley – PFFB&P wins at the WVSCt

On May 14, 3018 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 under the West Virginia Savings Statute.  PFFB&P attorneys Matthew Whitler and Anthony Delligatti were successful in arguing to the West Virginia Supreme Court of Appeals Read More

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Heaster v. Robinson – PFFB&P wins at the WVSCt

By | Published May 16, 2018 | Posted in Appeals, Government Law | Comments Off on Heaster v. Robinson – PFFB&P wins at the WVSCt

On May 14, 3018 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 of law at the close of the citizen group’s case-in-chief.  The citizen group sought to remove a County Commissioner under West Virginia Code 6-6-7 for Read More

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Can a Non-Signatory to a Written Agreement Compel Arbitration Against an Unwilling Signatory?

By | Published April 30, 2018 | Posted in Business Law | Tagged Tags: , | Comments Off on 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 with the transaction. Sometimes a party accepting an offer decides to file a lawsuit despite the contract stipulating all disputes must be settled through arbitration. Read More

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District Courts in West Virginia Resolve Spokeo Standing Issues in Plaintiffs’ Favor

By | Published April 15, 2018 | Posted in Professional Liability Defense | Tagged Tags: , , | Comments Off on 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 ruling. In Spokeo v. Robins (3016), however, the Supreme Court of the United States determined that a plaintiff who could not prove a concrete harm Read More

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Recent Statute Requires an Employee’s Mitigation of Lost Wages to Be Held Retroactively

By | Published March 30, 2018 | Posted in Employment Law | Tagged Tags: , , | Comments Off on 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. Double-damage awards typically reflect punitive damages and compensatory damages, which can include both back pay and front pay. Front pay compensates the employee for the Read More

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Can an Inmate File a Workers’ Compensation Claim While on Work Release?

By | Published March 15, 2018 | Posted in Workers Compensation | Tagged Tags: , , | Comments Off on Can an Inmate File a Workers’ Compensation Claim While on Work Release?

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 while working for the private sector in one of these jobs can thus file a claim for workers’ compensation benefits. But compensation for an inmate’s Read More

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