Their View Category Archives: Their View

Huffman

By TIMOTHY HUFFMAN Containing Workers’ Compensation claim costs have always been a matter of concern for the chemical industry in West Virginia. The current medical claims management rule, which has been instrumental in containing medical costs, has come under increasing … Read More »

Beckett

US Fish and Wildlife Service Pursues Implementation of the Endangered Species Act On Basis of Threat of Energy Resource Development By KATHY BECKETT On March 29, the U.S. Fish and Wildlife Service (USFWS) released for public comment its draft economic … Read More »

Wolfe

By WOLFE LAW FIRM Recently, several aggrieved customers filed a class action lawsuit against Ford Motor Company in federal court, the Southern District of West Virginia. They claimed that the Ford vehicles that they purchased, in the years between 2002 … Read More »

Angotti

By ANGOTTI & STRAFACE The West Virginia Supreme Court recently ruled that the ex-wife of a man killed in a motorcycle crash cannot receive proceeds from the wrongful death lawsuit the man’s estate filed on his behalf. The man’s estate … Read More »

Wolfe

By WOLFE LAW FIRM After nearly two years since the original ruling, a $91.5 million jury verdict in a nursing home negligence case will stand — for now. Kanawha County Circuit Judge Paul Zakaib found that the size of the … Read More »

Stealey

By THE STEALEY LAW FIRM The vast majority of significant personal injury settlement offers come with a catch – the defendant wants a confidentiality clause included in the settlement agreement, barring the plaintiff and his or her attorneys from publicly … Read More »

Einstein

By JOY EINSTEIN On March 19, 2013, the United States Supreme Court, in Standard Fire v. George Knowles, unanimously ruled that a named representative in a nationwide class action cannot avoid federal jurisdiction by stipulating to class damages in an … Read More »

Wolfe

By WOLFE LAW FIRM The West Virginia House of Delegates has adopted a resolution that would analyze rules requiring the state Supreme Court to provide reasons for refusing a party’s appeal. The resolution was inspired by the complaints of groups … Read More »

Rubrecht

By GALE LEA RUBRECHT On March 7, 2013, senators introduced bipartisan legislation in the U.S. Senate that would reauthorize U.S. Environmental Protection Agency’s Brownfields Program through 2016 while strengthening the program and providing additional tools and resources to those engaged … Read More »

Wolfe

By WOLFE LAW FIRM In a premises liability case, federal judge Frederick Stamp sent a lawsuit back to West Virginia state court, where the defendants in the lawsuit intend to introduce evidence that the injured party participated in a 20K … Read More »

Snyder

By STEVEN L. SNYDER More than 43,000 employees will take advantage of new benefits under the Family and Medical Leave Act, according to the U.S. Department of Labor. In the National Defense Authorization Act for Fiscal Year 2010, Congress expanded … Read More »

Wolfe

By WOLFE LAW FIRM Recently, West Virginia became one of 46 states to take part in a settlement of a robo-signing case involving Lender Processing Services and its subsidiaries. Lender Processing Services has been accused of robo-signing mortgage documents and … Read More »

Crouser

By BRADLEY A. CROUSER As a new term of office has begun for various elected officials, you may have noticed that some government administrators, lawyers, accountants and others are seeking to return to companies and firms, and are requesting “exemptions” … Read More »