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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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West Virginia Raises Mandatory Auto Insurance Limits

By | Published February 13, 2017 | Posted in Insurance Defense Litigation | Tagged Tags: , , | Comments Off on West Virginia Raises Mandatory Auto Insurance Limits

  In 3016, West Virginia enacted new mandatory auto insurance limits for drivers throughout the state. This change, the first since 1979, means that policies must cover at least $25,000 per person or $50,000 per accident for bodily injuries liability, and $25,000 in liability for property damage in an accident. Motorists who purchased polices prior Read More

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Allocating Liability Under West Virginia’s New Fault Laws

By | Published January 23, 2017 | Posted in Insurance Defense Litigation | Tagged Tags: , , | Comments Off on Allocating Liability Under West Virginia’s New Fault Laws

In 3015, West Virginia enacted new rules that significantly changed the apportionment of fault in negligence actions. Under what is known as a modified comparative fault standard, plaintiffs who bear more than 50 percent fault are barred from recovery, even if the other party is assigned some fault for the incident. Recovery, when available, continues Read More

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Obvious Hazard Defense No Longer Bars WV Liability Claims

By | Published January 2, 2017 | Posted in Insurance Defense Litigation | Tagged Tags: , , | Comments Off on Obvious Hazard Defense No Longer Bars WV Liability Claims

For many years, laws in West Virginia and elsewhere allowed property owners to defeat premises liability claims on the ground that the purportedly dangerous condition was open and obvious. This is no longer the case in our state. In Hersh v. E-T Enterprises, the West Virginia Supreme Court of Appeals held that the open nature Read More

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Enforceability of “No Damages for Delay” Contracts in West Virginia

By | Published December 12, 2016 | Posted in Construction Law | Tagged Tags: , , | Comments Off on Enforceability of “No Damages for Delay” Contracts in West Virginia

Many construction agreements prevent contractors from seeking damages associated with unexpected delays in the project. Even when the contractors bear no responsibility for the setback, they can be forced to extend the job without any extra compensation. These “no damages for delay” clauses put pressure on contractors to finish in a timely fashion, but some Read More

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How Long Does a Duty to Defend Against Environmental Claims Last?

By | Published November 21, 2016 | Posted in Environmental Law | Tagged Tags: , , | Comments Off on How Long Does a Duty to Defend Against Environmental Claims Last?

Environmental claims routinely involve allegations that date back several years or even decades. This creates difficult legal questions for potential defendants and their insurers. Sometimes sites are the subject of complaints or other types of activity before a claim is filed that would trigger the application of an insurance policy. If a lawsuit is not Read More

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Evaluating Whether Repetitive Stress Workers’ Compensation Claims Are Job Related

By | Published October 31, 2016 | Posted in Workers Compensation | Tagged Tags: , , | Comments Off on Evaluating Whether Repetitive Stress Workers’ Compensation Claims Are Job Related

As office computer use increased in the 1990s, so did workers’ compensation claims for repetitive motion injuries often related to extensive keyboard usage. However, the use of smartphones and other personal devices mean that some people engage in repetitive motion behavior outside the workplace. In today’s environment, how does the law determine what exactly is Read More

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