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Recent Blog Posts
Busting the Myths about Manufactured Housing
Our manufactured housing practice group has seen dramatic changes in the evolution of the industry and attitudes towards it. Historically, mobile homes were of questionable quality, design and style with residents stigmatized by their choice to reside in them. The style and types of mobile homes, or manufactured housing as they are technically known, have […]
Jury Issues In Tobacco Litigation
With the dangers of smoking having been widely known for several decades, it is difficult to comprehend that tobacco litigation remains ongoing, with new cases continuing to arise. However, some American courts currently involved in mass tort and individual tobacco litigation are running into a new problem during litigation: the inability to find impartial members […]
Coal Mine Disasters: Lessons Learned
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 […]
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 […]
Smoke Claims Continue Despite Increased Bans
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 […]
Are Flash Floods Caused by Coal Mining?
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 […]
Avoid Construction Defects Claims by Following the Correct Procedures
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 […]
Extensive Insurance Coverage Can Still Result In Disparity
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 […]
Attracting the Best – What to Disclose in an Employee Benefits Package
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 […]
Faulty Products Require Swift Recall for Damage Limitation
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 […]
