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Davis v. Schooley – PFFB&P wins at the WVSCt
On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the Randolph County Circuit Court and confirmed the limitations on a party’s ability to refile dismissed cases under the West Virginia Savings Statute. PFFB&P attorneys Matthew Whitler and Anthony Delligatti were successful in arguing to the West Virginia Supreme Court of Appeals […]
Heaster v. Robinson – PFFB&P wins at the WVSCt
On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the decision of a three-judge panel that granted a county commissioner’s motion for judgment as a matter of law at the close of the citizen group’s case-in-chief. The citizen group sought to remove a County Commissioner under West Virginia Code 6-6-7 for […]
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 […]
Anti-Stacking Applied to Courts’ Interpretations of Underinsured Motorist Coverage
West Virginia automobile insurance companies can include anti-stacking provisions in their coverage for underinsured motorists (UIM), which West Virginia law requires all drivers to purchase. But when there is more than one car or more than one driver involved in a collision, a claimant cannot add everything together (stack the claim) and receive more than […]
Qualified Immunity Shields Government Employer from Employee Claims of Infringement of a Liberty Interest and Wrongful Termination
West Virginia’s at-will-employment doctrine allows employers to terminate an employee at any time with or without notice, and without cause or compensation for any reason provided it’s not illegal. That protects many employers from wrongful termination claims. For government employers, qualified immunity can offer additional protection against lawsuits brought by terminated employees. A Kanawha County […]
Law Requires Dealers to Warn Buyers About Flood-damaged Cars
Even though the waters have receded, the massive floods that afflicted West Virginia in 2016 present ongoing liability issues for auto dealers in the state. Under the West Virginia salvage title rule, when a vehicle has been submerged in water, this fact must be reflected on its legal title. This also applies to other […]
Ohio Football Helmet Manufacturer Playing Defense on Concussion Claims
News stories, television reports and even feature films have addressed the potential injuries that can result from blows to the head suffered by football players. Major helmet manufacturers like Riddell, located in Elyria, Ohio, are investing significant resources into making the safest possible equipment, but they are still facing several types of lawsuits. Riddell and […]
