Recent Blog Posts

Will Violations of Internal Policies Dissolve State Agencies’ Qualified Immunity Defense?

By Pullin, Fowler, Flanagan, Brown & Poe, PLLC | Published July 30, 2018 | Posted in Government Law | Tagged Tags: DHHR, Eric Gillespie, summary judgment | Comments Off on Will Violations of Internal Policies Dissolve State Agencies’ Qualified Immunity Defense?

In the recent case of Bill J. Crouch v. Eric Gillispie, the West Virginia Supreme Court ruled in favor of Mr. Crouch, who serves as the secretary of the West Virginia Department of Health and Human Resources (DHHR). Gillispie is the administrator of his daughter’s estate. He filed a wrongful death lawsuit against the DHHR, Read More

What Happens to the Fee-Shifting Provision of the Wage Payment and Collection Act When Wage Claims Get Resolved Pre-suit?

By Pullin, Fowler, Flanagan, Brown & Poe, PLLC | Published July 15, 2018 | Posted in Employment Law | Tagged Tags: Cameron Brown, Grayson Assisted Living, Wage Payment and Collection Act | Comments Off on What Happens to the Fee-Shifting Provision of the Wage Payment and Collection Act When Wage Claims Get Resolved Pre-suit?

Cameron Brown recently appealed a Circuit Court of Wayne County order denying his “motion for reconsideration” of the court’s dismissal of his original complaint, arguing that the Circuit Court did not properly interpret the Wage Payment and Collection Act in granting respondent Grayson Assisted Living, Inc.’s motion to dismiss. The West Virginia Supreme Court found Read More

Where Does the “Open and Obvious” Doctrine Meet the Duty to Keep Premises Reasonably Safe?

By Pullin, Fowler, Flanagan, Brown & Poe, PLLC | Published June 30, 2018 | Posted in General Liability Defense | Tagged Tags: “Open and Obvious” Doctrine, negligence, premises liability | Comments Off on Where Does the “Open and Obvious” Doctrine Meet the Duty to Keep Premises Reasonably Safe?

In January, the West Liberty University Board of Governors and West Liberty University appealed pretrial rulings in the respondent Stewart Lane’s action for premises liability and/or dangerous conditions. The respondent filed a response supporting the Circuit Court’s order and brought a cross-assignment of error. Upon appeal, the West Virginia Supreme Court ruled the facts and Read More

Public Statements Alone Insufficient to Prove “Publicity” in False Light Claims

By Pullin, Fowler, Flanagan, Brown & Poe, PLLC | Published June 12, 2018 | Posted in General Liability Defense | Tagged Tags: Clinton Giles, false light invasion of privacy, Kanawha County Circuit Court | Comments Off on Public Statements Alone Insufficient to Prove “Publicity” in False Light Claims

On January 5, 3017, the West Virginia Supreme Court affirmed a circuit court’s Rule 12(b)(6) dismissal of false light invasion of privacy and defamation claims brought by former high school principal, Clinton Giles, against the Kanawha County Board of Education and one of its board members, Pete Thaw. Our firm was part of the legal Read More

West Virginia Supreme Court Reaffirms the Application of Joint Employment Relationship in Claims Against a County Commission

By Pullin, Fowler, Flanagan, Brown & Poe, PLLC | 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

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

By Pullin, Fowler, Flanagan, Brown & Poe, PLLC | 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

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

By Pullin, Fowler, Flanagan, Brown & Poe, PLLC | 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

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

By Pullin, Fowler, Flanagan, Brown & Poe, PLLC | 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

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

By Pullin, Fowler, Flanagan, Brown & Poe, PLLC | 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

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

By Pullin, Fowler, Flanagan, Brown & Poe, PLLC | 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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Will Violations of Internal Policies Dissolve State Agencies’ Qualified Immunity Defense?

What Happens to the Fee-Shifting Provision of the Wage Payment and Collection Act When Wage Claims Get Resolved Pre-suit?

Where Does the “Open and Obvious” Doctrine Meet the Duty to Keep Premises Reasonably Safe?

Public Statements Alone Insufficient to Prove “Publicity” in False Light Claims

West Virginia Supreme Court Reaffirms the Application of Joint Employment Relationship in Claims Against a County Commission

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

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

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

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

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

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