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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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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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