Affidavit of Merit in Medical Malpractice: Supreme Court to Hear Arguments
On March 10, 2025, the United States Supreme Court agreed to hear arguments in Berk v. Choy (No. 24-440) regarding the application in federal court of state laws requiring pre-litigation service of an affidavit of merit in medical malpractice cases that find their way into federal courts under diversity jurisdiction. Federal circuit courts of appeal are split in their decisions on whether these pre-litigation affidavit of merit laws are binding in federal courts.
New Ruling Issued on WV Permanent Partial Disability Calculation
The West Virginia (WV) Supreme Court of Appeals issued a decision on June 10, 2024, in a case we argued on behalf of the employer and claim administrator.
Non-Compete Agreements in WV after the FTC Ban
The Federal Trade Commission (FTC) has issued a final rule that widely bans non-compete agreements in the United States (US) and retroactively invalidates agreements already in effect with few exceptions....
Changes to WV Workers’ Compensation and the WV Deliberate Intent Law
The 2023 regular session of the West Virginia (WV) Legislature produced changes to WV workers’ compensation and the WV deliberate intent law. Employers should be aware of these updates and how they may impact them and their employees moving forward...
West Virginia Workers’ Compensation Rules: The Claims Process
To best inform employees and protect a company’s interests, West Virginia (WV) employers need to be aware of the general process for WV workplace injury claims. This process is established by state law and the West Virginia workers’ compensation rules...