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Coal Mine Disasters: Lessons Learned

By | Published July 13, 2014 | Posted in Employment Law | Tagged Tags: , | Leave a comment

On September 13, 2012, West Virginia mineworker William Mock was killed when a section of the roof of the mine in which he was working struck him on the head. Mining companies and their gas and coal industry defense attorneys in West Virginia are looking at the findings of the incident to learn what risk Read More

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Caps on Medical Claims Continues to Court Controversy

By | Published June 22, 2014 | Posted in Professional Liability Defense | Tagged Tags: , | Leave a comment

Mistakes happen and, unfortunately, the medical profession is not immune to simple human error. Doctors and medical professionals, as well as the hospitals and institutions in which they work, are obligated to carry professional liability insurance to compensate those who have suffered loss or injury because of negligence or mistakes. Equally important to good insurance Read More

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Smoke Claims Continue Despite Increased Bans

By | Published June 13, 2014 | Posted in Smoking Claims | Tagged Tags: , | Leave a comment

Kentucky, Virginia and Ohio are among the top ten tobacco-producing states. These states also have the highest proportion of smokers in the general population and, unsurprisingly, a high proportion of tobacco and smoking claims in West Virginia. Statewide and municipal smoking bans and clean air programs have been introduced across the country, but there is Read More

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Are Flash Floods Caused by Coal Mining?

By | Published May 13, 2014 | Posted in Environmental Law | Tagged Tags: , | Leave a comment

Coal mining, timber logging and other heavy industries are prevalent in West Virginia. There is an age-old debate among environmentalists, mining companies and environmental law practices as to whether such corporations are responsible for the state’s flash floods and the damage that flooding wreaks on the surrounding environment. An environmental law practice in West Virginia Read More

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Avoid Construction Defects Claims by Following the Correct Procedures

By | Published April 27, 2014 | Posted in Construction Law | Tagged Tags: , | Leave a comment

In Kentucky and West Virginia, as in many other states, the legislature has set out a specific procedure that contractors must follow to manage disputes and reduce construction defects claims, even where insurance coverage may otherwise cover the costs. The relevant process is set out in West Virginia code 21 and Kentucky Revised Statutes code Read More

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Extensive Insurance Coverage Can Still Result In Disparity

By | Published April 13, 2014 | Posted in Insurance Coverage | Tagged Tags: , | Leave a comment

Auto insurance is a highly regulated industry. The laws and rules governing this industry vary from state to state. Some apply uniquely to West Virginia. A lack of knowledge of these rules by insurers and their insured can lead to coverage disputes. The points set out below highlight some of the insurance coverage disputes in Read More

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Attracting the Best – What to Disclose in an Employee Benefits Package

By | Published March 29, 2014 | Posted in Employment Law | Tagged Tags: , | Leave a comment

Employee benefits are often used as a means of attracting the best talent to your workforce. The more attractive the benefits package, the more likely you will distinguish yourself from your competitors. However, continually improving and changing your benefits package to attract the best workers can have unintended consequences. Retaining an ERISA litigation practice in Read More

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Faulty Products Require Swift Recall for Damage Limitation

By | Published March 19, 2014 | Posted in Products Liability | Tagged Tags: , , | Leave a comment

Even the best technical designs and safety practices are useless if the humans that operate them fail to use them properly. Nearly 3.5 million cars across America, including in West Virginia, have recently been recalled for airbag testing due to problems associated with human error. Luckily, the companies involved in the recall all carry general Read More

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Questionable Auto Claims Continue to Rise

By | Published February 3, 2014 | Posted in Insurance Coverage | Tagged Tags: , , | Leave a comment

In an effort to reduce insurance fraud, the National Insurance Crime Bureau conducts a rolling survey of questionable claims across all mainstream insurance sectors. In a national comparison, West Virginia demonstrated one of the lowest incidents of questionable claims. Of those claims that were surveyed, most of the questionable claims were made against a person’s Read More

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Will a Declaratory Judgment Clear Up your Contractual Ambiguity?

By | Published January 28, 2014 | Posted in Business Law | Tagged Tags: , | Leave a comment

Written with every intention to avoid ambiguity, most contracts are carefully drafted using tried and tested wording so that their interpretation is clear and indisputable. However, circumstances change, and no practitioner is ever able to draft clauses covering every eventuality. In some cases, declaratory judgments in West Virginia ― a ruling declared by a judge Read More

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