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Defending Against West Virginia Lemon Law Claims

By | Published October 10, 2016 | Posted in Auto Dealerships | Tagged Tags: , | Comments Off on Defending Against West Virginia Lemon Law Claims

Buyer’s regret is common after a major purchase like a car. This can trigger unfounded claims under West Virginia’s “lemon law.” When someone asserts that warranties have been violated and that their car is not suitable for driving, it can be difficult to confront these subjective accusations. However, dealerships have legal recourse to defeat unworthy Read More

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State Sues Huntington Used-Car Dealer, Alleging Warranty Violations

By | Published September 20, 2016 | Posted in Professional Liability Defense | Tagged Tags: , , | Comments Off on State Sues Huntington Used-Car Dealer, Alleging Warranty Violations

Repeated complaints have prompted the state to file an action against a used-car dealer that alleges numerous violations of the state’s Consumer Credit and Protection Act. West Virginia Attorney General Patrick Morrissey announced in August 3016 that his office took this step against Dunfee’s Used Cars in Huntington after the business was cited for a Read More

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PF&F Prevents Overreach by Plaintiff in Trial of Multi-Vehicle Accident

By | Published July 27, 2016 | Posted in Insurance Defense Litigation | Tagged Tags: , , | Comments Off on PF&F Prevents Overreach by Plaintiff in Trial of Multi-Vehicle Accident

At Pullin, Fowler, Flanagan, Brown & Poe, PLLC, we like to talk about the “PF&F difference.” That phrase often refers to the intangibles of quality legal service, but in a lawsuit decided July 6, 3016, that difference was $90,000 or more in our client’s favor. The case, Fletcher v. Elliot, arose from a multi-vehicle auto Read More

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PF&F Wins Appeal for West Virginia Board of Education in Superintendent Firing Case

By | Published December 3, 2015 | Posted in Employment Law | Tagged Tags: , , | Comments Off on PF&F Wins Appeal for West Virginia Board of Education in Superintendent Firing Case

In a case that may have lasting implications for at-will employees of State government, the Supreme Court of Appeals of West Virginia ruled in favor of the West Virginia Board of Education and Board President L. Wade Linger, Jr. In an opinion filed on November 10, 3015, the Court dismissed a controversial lawsuit brought by Read More

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What You Should Know about Construction Liens in West Virginia

By | Published September 11, 2015 | Posted in Construction Law | Tagged Tags: , , | Leave a comment

Construction projects can run into problems for various reasons. Financing may fall through, there may be a dispute about the terms of the contract, or the property owner may be dissatisfied with a contractor or subcontractor’s performance. Regardless of the cause, such problems typically result in someone who has invested labor and/or materials in the Read More

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What Are the Greatest Risk Factors in Trucking Accidents?

By | Published August 31, 2015 | Posted in Trucking Accident Defense | Tagged Tags: , , | Leave a comment

The Federal Motor Carrier Safety Administration has a mission to reduce the number and severity of large truck- and bus-involved crashes through inspections, enforcement, rulemaking, and research. As part of that mission, FMCSA examined data on large truck accidents to identify factors that may increase the probability that a crash will occur. In a recently Read More

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Dispute Resolution and Insurance Litigation

By | Published November 13, 2014 | Posted in Alternative Dispute Resolution, Insurance Defense Litigation | Tagged Tags: , , | Leave a comment

It is common for insurance companies and their insured to disagree as to whether a specific insurance claim is covered under the applicable policy. A straightforward claim for coverage can easily turn into a time-consuming dispute between parties. Thus, it is essential for insurance companies to obtain effective legal representation to assist with their insurance Read More

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Insurance Defense Involving a Common Carrier

By | Published October 27, 2014 | Posted in General Liability Defense | Tagged Tags: , , | Leave a comment

A “common carrier” is a person or company that transports goods or people for another party and is responsible for any possible loss of the goods during transport. Common examples of common carriers are forms of public transportation including busing and trucking companies. The Carmack Amendment, 49 U.S.C. §14706, provides the shipper with a statutory Read More

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Busting the Myths about Manufactured Housing

By | Published September 11, 2014 | Posted in Manufactured Housing | Tagged Tags: | Leave a comment

Our manufactured housing practice group has seen dramatic changes in the evolution of the industry and attitudes towards it. Historically, mobile homes were of questionable quality, design and style with residents stigmatized by their choice to reside in them. The style and types of mobile homes, or manufactured housing as they are technically known, have Read More

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Jury Issues In Tobacco Litigation

By | Published August 3, 2014 | Posted in Tobacco Litigation | Tagged Tags: , | Leave a comment

With the dangers of smoking having been widely known for several decades, it is difficult to comprehend that tobacco litigation remains ongoing, with new cases continuing to arise. However, some American courts currently involved in mass tort and individual tobacco litigation are running into a new problem during litigation: the inability to find impartial members Read More

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