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Litigation Archives

The Whistle-blower Law in WV: New Consequences for Violations

In 2017, West Virginia enacted legislation amending the law designed to protect employees of the state and its political subdivisions from retaliation against whistle-blowers in WV and allows such an employee to bring a civil action for redress if the State or a political subdivision discharges, threatens or otherwise discriminates or retaliates against an employee because the employee makes a good faith report to the employer or an appropriate authority of instances of wrongdoing or waste by a governmental entity.

The WV Direct Primary Care Practice Act: Concierge Medicine in West Virginia

In the 2006 Regular Legislative Session, the West Virginia (WV) Legislature enacted the WV Preventive Care Pilot Program, Chapter 16, Article 2J of the West Virginia Code. The purpose of the pilot program was to test the feasibility of patients obtaining direct primary and preventative care from healthcare providers for a pre-paid retainer outside of the traditional health insurance model. (Direct primary care or "DPC" is one model of a now popular term, "concierge medicine.") The Preventive Care Pilot Program by enactment expired June 30, 2016, although practitioners who were participating in the Pilot Program were permitted to continue beyond the expiration date. Its legacy is the WV Direct Primary Care Practice Act.

West Virginia Medical Professional Liability Act Amendments

In 2017, the West Virginia Legislature amended several statutory provisions of the West Virginia Medical Professional Liability Act ("MPLA"), W. Va. Code § 55-7B-1 et seq, related to nursing home liability in WV. The WV MPLA governs the litigation of claims of medical malpractice liability in WV. The WV MPLA amendments provide a statutory definition of "occurrence" and set forth a shortened statute of limitation and preferred venue for claims brought against nursing homes, assisted living facilities, acute care hospitals or their employees, and other related entities.

The Civil Jurisdiction of WV Magistrate Courts: A Changing Landscape

Each level of court in the West Virginia (WV) court system has authority, or jurisdiction, over different types of case. The civil jurisdiction of the WV magistrate courts is no different. Magistrate courts are at the bottom of the pyramid of the West Virginia (WV) court system. The majority of civil cases are considered "small claims" and are heard here. Next on the pyramid are family courts, followed by circuit courts, otherwise known as "trial courts." At the top of the pyramid is the Supreme Court of Appeals, to which the losing party in a civil or criminal case may petition to appeal a circuit court's ruling.

Travelers Avoids the Burn Following "Arising Out of Asbestos" Construction

On April 21, 2017, the Third Circuit Court of Appeals reversed the judgment of the District Court of the Eastern District of Pennsylvania, finding the meaning of the phrase "arising out of asbestos" found within a policy exclusion to be unambiguous and overturning a more than $36 million dollar judgment against Travelers Insurance.

Inadvertent Disclosure of Confidential Information: Does File Sharing Waive Legal Privileges and Protections?

Cloud computing services offer unprecedented convenience. File sharing has changed the way we do business, allowing us to share documents across our own devices or even with others. But how can sharing files affect a company's legal position in a lawsuit? Does file sharing waive the attorney-client privilege or attorney work product protection?
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