News & Publications

Governor Tomblin Signs Comparative Fault Bill Abolishing West Virginia’s Joint and Several Liability

On Thursday, March 5, 2015 Governor Tomblin signed HB 2002 into law, changing West Virginia’s joint and several liability standard – to one of comparative fault. Until now, defendants in West Virginia faced joint and several liability which meant that they could be responsible for more damages than those which actually reflect their percentage of […]

Case Bulletin – West Virginia Supreme Court Rules That “Knowledge” is the Crux of The Issue in Claim of Intentional Spoliation of Evidence

In Williams v. Werner (W.Va. Supreme Court March 2, 2015), a tractor-trailer was involved in a one-vehicle accident as a result of hazardous winter weather conditions on 1-79 near Jane Lew, West Virginia. The tractor-trailer hit a guardrail, jackknifed, overturned and slid 30 feet down the embankment. A fire had started which eventually consumed the tractor-trailer, […]

West Virginia Senate Introduces Bill Regarding Asbestos Bankruptcy Trust Claims

In West Virginia, Senate Bill 411, known as “Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos and Silica Claims Priorities Act” was recently introduced, and is currently in the Senate Judiciary for debate.  The Bill deals with bankruptcy trust claims and other aspects of asbestos litigation in West Virginia.  The portion of the Bill relating […]

West Virginia Legislature Looks to Reinstate the “Open and Obvious” Doctrine

In 2013, the West Virginia Supreme Court of Appeals abolished the doctrine of “open and obvious” in the case of Hersh v. E-T Enterprises, Ltd. Partnership, 232 W.Va. 305 (2013). Less than two years later, on February 4, 2015, the Senate introduced Senate Bill 13 which would reinstate what Hersh had removed from West Virginia […]

Case Bulletin – Fourth Circuit Renders Decision Placing the Issue of Whether an Employee has Objectively Suffered Severe or Pervasive Harassment with the Jury

On December 23, 2014, the United States Court of Appeals for the Fourth Circuit rendered a decision that placed the issue of whether an employee has subjectively and objectively suffered harassment in her workplace to satisfy the requirements under Title VII, with the jury and not with a judge deciding a motion for summary judgment. […]

Case Bulletin – West Virginia Supreme Court of Appeals Affirms Jury Verdict and Trial Court Rulings In Rear End Collision Accident In Response to Multiple Assignments of Error

On November 21, 2014, the West Virginia Supreme Court of Appeals issued a memorandum decision affirming the finding of the circuit court and jury verdict award  (over $1 million) in favor of the respondent in the case of Barrett v. Retton. This case resulted in a significant jury award for a rear-end motor vehicle accident […]