On April 18, 2022, the West Virginia Circuit Court of Cabell County, West Virginia in Michael D. Ruble v. Rust-Oleum Corporation, Cabell County, West Virginia, Case No. 19-C-127, granted Defendant Matrix Chemical LLC’s (“Matrix”) Motion to Dismiss under West Virginia Rule of Civil Procedure 12(b)(6) based on collateral estoppel. The complaint alleged that Plaintiff, Michael […]
On March 21, 2022, the Supreme Court of Appeals of West Virginia issued an opinion in State ex rel. March-Westin Co. v. Gaujot, 2022 W. Va. LEXIS 201 (W. Va. 2022), holding, in part, that a statutorily immune party must still be considered for purposes of fault apportionment under West Virginia Code § 55-7-13d. In […]
WV Update – West Virginia State Legal Summary Outline
A. Liability/Fault Fault Scheme Modified Comparative – 51% Bar If a plaintiff is negligent, the degree of fault will reduce their recovery, until it equals the fault of others, then it will be barred. W. Va. Code § 55-7-13(a-d) (2015). Under the modified comparative fault system, each party is held responsible for damages in […]
WV Update – West Virginia Enacts Legislation to Implement Intermediate Court of Appeals
On April 8th, 2021, Senate Bill 275 was signed by Governor Jim Justice of West Virginia. This new bill creates The Intermediate Court of Appeals of West Virginia. This bill removes the Workers’ Compensation Office of Administrative Law Judges, also known as the Office of Judges, and transfers its duties and powers to the Workers’ […]
WV Update – West Virginia Enacts Legislation Impacting Asbestos and Silica Lawsuits
On April 15, 2021, West Virginia Governor, Jim Justice, signed House Bill 2495 into law. Notably, this bill codifies the following requirements for asbestos and silica lawsuits: A plaintiff with a non-malignant condition must file a medical report and diagnosis, prepared by a qualified physician and meeting the statutory requirements, within ninety days of filing […]
Case Bulletin – West Virginia Supreme Court of Appeal Narrows Definition of Civil Conspiracy
In May of 2018, the West Virginia Supreme Court of Appeals authored an opinion that narrowed the definition of civil conspiracy in West Virginia case law. In Ellis v. Herndon, the West Virginia Supreme Court of Appeals held that a plaintiff cannot hold a defendant liable for civil conspiracy if the plaintiff willingly took part […]
Case Bulletin – West Virginia Enacts Legislation Limiting Non-resident Lawsuits in West Virginia
On March 27, 2018, West Virginia Governor, Jim Justice, approved House Bill 4013. Notably, this bill limits venue for civil actions to West Virginia residents or to non-residents where a substantial part of the acts/omissions giving rise to the claim(s) occurred in the state of West Virginia. This bill is essentially the West Virginia legislature’s […]
Morrisey v. W. Va. AFL-CIO, No. 17-0187, (W. Va., Sept. 15, 2017). In 2016, the West Virginia Legislature enacted the Workplace Freedom Act, which amended labor-relations laws regarding union representation of employees. The Act restricted the ability of unions to compel employee membership and the payment of union dues from non-union members. Several unions filed […]
The West Virginia Supreme Court of Appeals recently decided a case in which an insured, Robert Nelson, sought declaratory judgment from State Farm stating that he was entitled to coverage under his State Farm’s homeowner policy when his wife negligently shot him. The case went before the Circuit Court of Harrison County, and State Farm […]
On April 26, 2017, the Supreme Court of Appeals of West Virginia (the “Court”) issued its decision in Ashraf, M.D. v. State Auto Property and Casualty Insurance Company, 2017 WL 1549582 (W. Va. 2017), holding: (1) that a Vacancy provision in a fire insurance policy which provides that an insurer is allowed to reduce by […]
Case Bulletin – Supreme Court of West Virginia Issues Ruling on Assignment of Claims Against Insurer
On March 1, 2017, the Supreme Court of Appeals of West Virginia (the “Court”) issued its decision in Penn-American Insurance Co. v. Osborne, 2017 WL 878716 (W. Va. 2017), holding: (1) a consent judgment was not binding on an insurer that was not a party to the original suit; and (2) a pre-trial assignment of […]
Case Bulletin – Fourth Circuit Rules that Expert’s Testimony is Unreliable and Inadmissible
In Nease v. Ford Motor Company (4th Cir., February 1, 2017) 2017 WL 437665, the United States Court of Appeals for the Fourth Circuit ruled that Plaintiff’s expert’s testimony was unreliable and inadmissible. Plaintiff, Howard Nease, commenced a product liability action against Ford Motor Company alleging that Mr. Nease suffered injuries in an accident caused […]
© All rights reserved - Zimmer Kunz PLLC 2024
