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Numerous Defendants Sued After Kentucky Truck Driver’s Fatal Crash
A devastating truck crash in 2015 involving a Kentucky truck driver has led to litigation against several defendants. Six people died when Ben Brewer drove his vehicle into traffic that had slowed down suddenly due to construction work on Interstate 75 in Ooltewah, Tennessee. Taken together, the claims add up to more than $200 million. […]
Federal Regulator Who Penalized Auto Dealerships Is Leaving Position
Along with doing business under a new presidential administration, car dealers might be experiencing a new regulatory environment for business matters such as financing and advertising. A top federal regulator who was responsible for numerous actions against automobile dealerships is stepping down. Jessica Rich, director of the Federal Trade Commission’s Bureau of Consumer Protection, […]
Permit Shield Does Not Protect Environmental Defendants if Terms Are Not Followed
Complex environmental regulations can frustrate the most sophisticated companies. No matter how much time, money and effort is put into environmental safety, changing rules and contradictory directives can trigger significant legal exposure. To alleviate this problem, “permit shield” protection was established so that companies could avoid civil liability by following government instructions in regard to […]
West Virginia Suit Alleges Illegal Firing of Workers’ Compensation Claimant
Employers in West Virginia and throughout the country must take great care when terminating someone who has filed a workers’ compensation claim. Recently, a former Dish Network employee alleged that he was unlawfully fired because he sought benefits related to an on-the-job injury. Under the West Virginia Workers’ Compensation Code, terminating someone while they are […]
Proof of Safer Alternative Required in WV Medical Device Defect Claim
Surgical mesh lawsuits filed throughout the United States have led to major liability for manufacturers of medical devices. However, in certain jurisdictions, the “feasible alternative” requirement can make it much more difficult for plaintiffs to win these cases. Applying West Virginia state law, the U.S. District Court for the Southern District of West Virginia ruled […]
West Virginia Legislators to Consider Medical Monitoring Revisions
Medical monitoring costs can spiral out of control in litigation arising from alleged exposure to hazardous substances. These awards require defendants to fund medical testing for plaintiffs who don’t show any symptoms at the time of the litigation. The medical checks can last for the rest of plaintiffs’ lives and, depending on the specific allegation, […]
West Virginia Raises Mandatory Auto Insurance Limits
In 2016, West Virginia enacted new mandatory auto insurance limits for drivers throughout the state. This change, the first since 1979, means that policies must cover at least $25,000 per person or $50,000 per accident for bodily injuries liability, and $25,000 in liability for property damage in an accident. Motorists who purchased polices prior […]
Allocating Liability Under West Virginia’s New Fault Laws
In 2015, West Virginia enacted new rules that significantly changed the apportionment of fault in negligence actions. Under what is known as a modified comparative fault standard, plaintiffs who bear more than 50 percent fault are barred from recovery, even if the other party is assigned some fault for the incident. Recovery, when available, continues […]
Obvious Hazard Defense No Longer Bars WV Liability Claims
For many years, laws in West Virginia and elsewhere allowed property owners to defeat premises liability claims on the ground that the purportedly dangerous condition was open and obvious. This is no longer the case in our state. In Hersh v. E-T Enterprises, the West Virginia Supreme Court of Appeals held that the open nature […]
Enforceability of “No Damages for Delay” Contracts in West Virginia
Many construction agreements prevent contractors from seeking damages associated with unexpected delays in the project. Even when the contractors bear no responsibility for the setback, they can be forced to extend the job without any extra compensation. These “no damages for delay” clauses put pressure on contractors to finish in a timely fashion, but some […]
