The West Virginia Record News

Getting a class action certified is easy in West Virginia

By The West Virginia Record | Jun 20, 2018

Three customer complaints – about a nominal environmental fee included in their contracts when they rented U-Haul trucks – have morphed into a class action suit.

Do the right thing, Justice Loughry: Resign

By The West Virginia Record | Jun 12, 2018

Pomp and circumstance have their place. It’s good to show respect for authority figures, even if the persons occupying positions of authority are flawed mortals just like the rest of us, as they always are.

Someone must have left the faucet running

By The West Virginia Record | Jun 5, 2018

The arrogant justices on the West Virginia Supreme Court felt they had the right to augment their ample salaries with taxpayer-funded perks of their own choosing.

If you must go to court, be prepared

By The West Virginia Record | May 22, 2018

You have to wonder why some people bother going to court. It’s not just a matter of luck like the lottery, where all you have to do is buy a ticket and wait for the results to be announced. The process isn’t automated, self-propelled. You can’t file suit and expect the case to win itself.

Manufacturers should not be liable for harm caused by competitors' products

By The West Virginia Record | May 16, 2018

Three out of five State Supreme Court justices last week declined to expand West Virginia's products liability law and refused to hold a brand-name drug manufacturer responsible for harm allegedly caused by a generic drug made and sold by another company.

You may be eligible to help further enrich some wealthy lawyers

By The West Virginia Record | May 8, 2018

Which would you rather be paid – 38 dollars or $9 million? How about getting paid $38 to help someone else make $9 million?

The War on Coal is winding down slowly

By The West Virginia Record | May 1, 2018

The Battle of New Orleans was fought on January 8, 1815, two weeks after the signing of the peace treaty ending the War of 1812. If British General Edward Pakenham had had a cell phone, or even a beeper, he might have received notice of the treaty-signing before the battle began and been able to avoid his embarrassing defeat to Andrew Jackson.

Whoa! Slow down! The climate-change lawsuits are getting out of control!

By The West Virginia Record | Apr 25, 2018

It's one thing for state and local governments to sue oil, gas, and coal companies, alleging that their fossil fuels contribute to some nebulous hazard called “global warming” or “climate change” (or “weird weather”) that creates some supposed damage that governments must expend public funds to rectify.

Judges without judgment

By The West Virginia Record | Apr 17, 2018

“We were kind of busy being judges and not paying attention to administrative things,” said West Virginia Supreme Court Chief Justice Margaret Workman in response to the latest uproar over the most recent exposure of two justices' abuse of public funds to accommodate themselves in the extravagant style to which they wanted to become accustomed.

West Virginians have stopped singing the blues

By The West Virginia Record | Apr 11, 2018

The song "Happy Days," written at the outset of the Great Depression, became the campaign song for Franklin Delano Roosevelt's first presidential bid in 1932, but it could have been applied to Donald Trump's campaign 84 years later.

Solution: revise HB 4009 and pass it again

By The West Virginia Record | Apr 3, 2018

House Bill 4009, capping the amount of settlement funds that the state Attorney General’s office can keep in its consumer protection fund, passed both houses of the Legislature by overwhelming margins, but was vetoed by Gov. Jim Justice.

Going in the right direction, long way to go

By The West Virginia Record | Mar 28, 2018

Last month we trumpeted a progressive development in West Virginia: a new and growing effort to change direction and make our business climate a more friendly one.

Someone should put a safety cone in front of that speed bump!

By The West Virginia Record | Mar 20, 2018

“The ultimate result of shielding men from the effects of folly,”said British philosopher Herbert Spencer, “is to fill the world with fools.”

Share, share, share, share your booty

By The West Virginia Record | Mar 13, 2018

Picture the bank runs of the Depression. Financial institutions could accommodate the small number of nervous customers wanting to withdraw their savings and close their accounts, at first. As the number of withdrawals increased and panic set in, cash reserves rapidly dwindled until one by one the banks were shuttered.

One Sheets to the wind

By The West Virginia Record | Mar 6, 2018

A dozen roses, a heart-shaped box of chocolates, dinner at a fancy restaurant – those are some of the more common gifts given and received on Valentine's Day. Joshua Sheets of Danville might have settled for a cute little card signed in crayon by a secret admirer asking him to “Be Mine.” That would have been preferable to the unique Valentine's present that the Boone County attorney did receive this year.

'Justice Robin Jean Davis cordially invites you to join her for a Cocktail Buffet ...'

By The West Virginia Record | Feb 27, 2018

Have you ever been invited to dine at Justice Robin Davis' home? No? Neither have we. We hear she lays out a sumptuous spread, though, as exemplified by the dinner she hosted for circuit court judges at her home in the fall of 2013. Among the many delectable buffet items to nosh on were asparagus wrapped in prosciutto, artichoke tartlets, seared tuna on sesame crackers, pork tenderloin with apricot chutney, roasted red pepper and mushroom and artichoke pasta, and leek and pancetta and mushroom panzanella.

Winking at McGraw, scowling at Morrisey

By The West Virginia Record | Feb 20, 2018

Ever since the departure of the previous state attorney general, whom they let do as he pleased for 20 years, the West Virginia ​​​​​House of Delegates has feigned concern that the reformer who replaced him might run amok. “Ironic” doesn't half describe it.

West Virginia is going in the right direction

By The West Virginia Record | Feb 13, 2018

“We all want progress,” C.S. Lewis once observed, “but. if you’re on the wrong road, progress means doing an about-turn and walking back to the right road; in that case, the man who turns back soonest is the most progressive.”

Moving closer to an intermediate appellate court

By The West Virginia Record | Feb 6, 2018

The West Virginia Senate Judiciary Committee has recommended passage of the intermediate appeals court bill to the full senate with several amendments.

Let's make our state more appealing

By The West Virginia Record | Jan 30, 2018

How can you not like something that's inherently appealing? Like an appeals court. Not the state Supreme Court we already have, but an intermediate appellate court in-between our state's supreme and circuit courts. Like the appeals courts that exist in our federal judicial system and in all state judicial systems but those of West Virginia and eight other outliers.

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