Category Archives: Professional Liability Defense
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 […]
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 […]
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 2016 that his office took this step against Dunfee’s Used Cars in Huntington after the business was cited for a […]
Caps on Medical Claims Continues to Court Controversy
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 […]
