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Pullin, Fowler, Flanagan, Brown & Poe, PLLC
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Anti-Stacking Applied to Courts’ Interpretations of Underinsured Motorist Coverage

By | Published February 28, 2018 | Posted in Insurance Defense Litigation | Tagged Tags: , , | Comments Off on Anti-Stacking Applied to Courts’ Interpretations of Underinsured Motorist Coverage

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 than one car or more than one driver involved in a collision, a claimant cannot add everything together (stack the claim) and receive more than Read More

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Qualified Immunity Shields Government Employer from Employee Claims of Infringement of a Liberty Interest and Wrongful Termination

By | Published February 16, 2018 | Posted in Employment Law | Tagged Tags: , , | Comments Off on Qualified Immunity Shields Government Employer from Employee Claims of Infringement of a Liberty Interest and Wrongful Termination

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 protects many employers from wrongful termination claims. For government employers, qualified immunity can offer additional protection against lawsuits brought by terminated employees. A Kanawha County Read More

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Law Requires Dealers to Warn Buyers About Flood-damaged Cars

By | Published July 31, 2017 | Posted in Auto Dealerships | Tagged Tags: , , | Comments Off on Law Requires Dealers to Warn Buyers About Flood-damaged Cars

  Even though the waters have receded, the massive floods that afflicted West Virginia in 3016 present ongoing liability issues for auto dealers in the state. Under the West Virginia salvage title rule, when a vehicle has been submerged in water, this fact must be reflected on its legal title. This also applies to other Read More

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Ohio Football Helmet Manufacturer Playing Defense on Concussion Claims

By | Published July 10, 2017 | Posted in Products Liability | Tagged Tags: , , | Comments Off on Ohio Football Helmet Manufacturer Playing Defense on Concussion Claims

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, located in Elyria, Ohio, are investing significant resources into making the safest possible equipment, but they are still facing several types of lawsuits. Riddell and Read More

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Numerous Defendants Sued After Kentucky Truck Driver’s Fatal Crash

By | Published June 19, 2017 | Posted in Trucking Accident Defense | Tagged Tags: , , | Comments Off on Numerous Defendants Sued After Kentucky Truck Driver’s Fatal Crash

A devastating truck crash in 3015 involving a Kentucky truck driver has led to litigation against several defendants. Six people died when Ben Brewer drove his vehicle into traffic that had slowed down suddenly due to construction work on Interstate 75 in Ooltewah, Tennessee. Taken together, the claims add up to more than $300 million. Read More

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Federal Regulator Who Penalized Auto Dealerships Is Leaving Position

By | Published May 29, 2017 | Posted in Auto Dealerships | Tagged Tags: , , | Comments Off on Federal Regulator Who Penalized Auto Dealerships Is Leaving Position

  Along with doing business under a new presidential administration, car dealers might be experiencing a new regulatory environment for business matters such as financing and advertising. A top federal regulator who was responsible for numerous actions against automobile dealerships is stepping down. Jessica Rich, director of the Federal Trade Commission’s Bureau of Consumer Protection, Read More

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Permit Shield Does Not Protect Environmental Defendants if Terms Are Not Followed

By | Published May 8, 2017 | Posted in Environmental Law | Tagged Tags: , , | Comments Off on Permit Shield Does Not Protect Environmental Defendants if Terms Are Not Followed

Complex environmental regulations can frustrate the most sophisticated companies. No matter how much time, money and effort is put into environmental safety, changing rules and contradictory directives can trigger significant legal exposure. To alleviate this problem, “permit shield” protection was established so that companies could avoid civil liability by following government instructions in regard to Read More

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West Virginia Suit Alleges Illegal Firing of Workers’ Compensation Claimant

By | Published April 17, 2017 | Posted in Workers Compensation | Tagged Tags: , , | Comments Off on 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 he was unlawfully fired because he sought benefits related to an on-the-job injury. Under the West Virginia Workers’ Compensation Code, terminating someone while they are Read More

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Proof of Safer Alternative Required in WV Medical Device Defect Claim

By | Published March 27, 2017 | Posted in Products Liability | Tagged Tags: , , | Comments Off on 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 more difficult for plaintiffs to win these cases. Applying West Virginia state law, the U.S. District Court for the Southern District of West Virginia ruled Read More

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West Virginia Legislators to Consider Medical Monitoring Revisions

By | Published March 6, 2017 | Posted in Environmental Law | Tagged Tags: , , | Comments Off on 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 any symptoms at the time of the litigation.  The medical checks can last for the rest of plaintiffs’ lives and, depending on the specific allegation, Read More

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