Author Archives: Pullin, Fowler, Flanagan, Brown & Poe, PLLC
West Virginia Supreme Court Favors Employer in Another Case Addressing Deliberate Intent
FirstEnergy Generation LLC recently appealed the December 2016 order of the Circuit Court of Harrison County following an adverse jury verdict in a “deliberate intention” action filed by the plaintiffs, James and Carol Muto. The West Virginia Supreme Court sided with FirstEnergy, stating that “the evidence presented at trial was insufficient to establish two of […]
Has the Fourth Circuit Reversed Its Position on the Use of Handcuffs in Search and Seizure Contexts?
The U.S. Court of Appeals for the Fourth Circuit recently heard the case of E.W. (a minor, case filed through mother T.W.) v. Rosemary Dolgos (a school resource officer) and Wicomico County Sheriff’s Department. The case involved a circumstance in which Dolgos decided to handcuff a compliant, calm elementary school child who had been fighting […]
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, […]
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 […]
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 […]
Public Statements Alone Insufficient to Prove “Publicity” in False Light Claims
On January 5, 2017, 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 […]
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. […]
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 (2016), however, the Supreme Court of the United States determined that a plaintiff who could not prove a concrete harm […]
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 […]
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 […]
