Image of lock, chains, and key, illustrating how surety bonds and other surety providers provide security for a judgment creditor while a case is on appeal and the effect of Rule 65.1 amendment on proceedings against security providers.

Effect of Rule 65.1 Amendment for Litigants

By Jenkins Fenstermaker PLLC Of Jenkins Fenstermaker, PLLC on 04/09/2019

Amendments to the Federal Rules of Civil Procedure went into effect on December 1, 2018. Federal Rule of Civil Procedure 65.1 (FRCP 65.1), which governs proceedings against security providers, was among the rules amended. The Rule formerly provided for proceedings against sureties, but the new Rule recognizes that a party may wish to provide security by some method other than a bond and allows direct proceedings against any "security provider." The amended rule additionally provides for service on security providers by means other than the U.S. Mail. Let's explore the potential effect of Rule 65.1 amendment on entities involved in federal court litigation.


Image of a police car following two other cars on a highway, representing the need to retain a reputable WV municipal liability defense law firm when facing allegations of reckless disregard in a police pursuit.

When Does Lawful Pursuit Turn Into Reckless Disregard?

By Jenkins Fenstermaker PLLC Of Jenkins Fenstermaker, PLLC on 04/04/2019

On occasion, police are faced with pursuing a fleeing vehicle. When the pursuit results in an injury or, worse yet, a death, you can bet that the officer, the law enforcement agency, and the local government could be sued for reckless disregard for the safety of others. In Endicott v. City of Oak Hill, No. 17-0765 (W. Va. Nov. 2, 2018), the appellate court reviewed the analysis required to establish reckless disregard and found no question of fact: that the facts presented did not demonstrate reckless disregard.


Image of a silhouetted person reading at sunset, representing how attorney Oscar R. Molina can help nonimmigrant students can obtain a US student visa to study at a West Virginia university.

Obtaining and Reapplying for a US Student Visa

By Jenkins Fenstermaker PLLC Of Jenkins Fenstermaker, PLLC on 03/28/2019

A non-US citizen desiring to study as a nonimmigrant at a US educational institution must obtain a student visa. The F-1 visa is the most common US student visa because it is an academic visa used to attend a college, university, or other learning institution that is accredited by the Student and Exchange Visitor Program (SEVP), part of the US Department of Homeland Security (DHS). There are other student visas, including the M-1 visa for vocational programs and the J-1 visa for other exchange programs, but this article discusses the F-1 visa.


Image of group of faceless people looming and demanding; when facing the threat of a class action lawsuit, lawyers and litigants should be aware of class action rule amendments.

Class Action Rule Amendments: What You Should Know

By Jenkins Fenstermaker PLLC Of Jenkins Fenstermaker, PLLC on 03/21/2019

A class action may well strike fear into the heart of a corporate defendant. Instead of one lawsuit, the class action may encompass hundreds, thousands, or even hundreds of thousands of persons making a claim. Lawyers on both sides of a class action also know that the stakes are high and that they must be at the top of their game. That's why both lawyers and potential class action parties need to be aware of class action rule amendments that went into effect December 1, 2018.


An image of the section symbol, representing the proposed 2019 WV workers’ compensation bills and how our workers’ compensation attorneys can help.

2019 WV Workers’ Compensation Bills: Post-Session Update

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 03/19/2019

A recent Jenkins Fenstermaker article provided a summary of several bills pending in the West Virginia (WV) Legislature that could have significant impacts on employers, workers' compensation insurers, and claim administrators if enacted. Most of the 2019 WV workers' compensation bills died in the legislature, so there are not many changes to report, but following is an update of the bills and their potential effect in the Mountain State.


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