An often overlooked but very important consideration in commercial real estate transactions is whether a property for sale either benefits from an easement or is burdened by an easement. In West Virginia (WV), an easement may give permission for utilities to run underground, give rights for mineral extraction, or more. Understanding the implications of WV easements and rights of way is essential to a successful commercial real estate transaction.
For any business currently or potentially facing claims under the Black Lung Benefits Act (BLBA), consultation with an experienced black lung defense lawyer is critical. The businesses at risk are not limited to coal mining operations. Even vendors to coal operators may be liable under the BLBA.
You may have seen black lung disease, also known as coal workers’ pneumoconiosis, depicted in movies set in the Appalachia. The condition is most common in coal miners who inhale coal dust, which can damage their lungs. But you may not realize that you don’t have to be a traditional mining operation to be subject to black lung claims. Consultation with an experienced black lung lawyer is critical to determining your business’s risk for certain, but this article summarizes when a business’s workers may be entitled to claim black lung benefits even if not working for traditional mining businesses.
In 2020, the number of compensation claims for black lung in West Virginia (WV) was topped only by Pennsylvania, with Kentucky a close third. Employers in any state with coal production must be prepared to navigate the black lung claim process to protect against inappropriate or fraudulent claims. While the process does not appear to be complicated at first blush, the failure to comply with strict evidentiary and disclosure requirements and deadlines can be fatal to a company’s defense. Working with qualified black lung defense attorneys is critical to protecting a coal operator or insurer.
Commercial real estate matters are complex and involve significant investment of time and money. These deals generally have impacts beyond the issue immediately at hand, and the ripple effects of a problem can be far-reaching for West Virginia (WV) businesses and individuals involved in commercial transactions. To facilitate the transaction and protect the investment, individuals and businesses dealing with commercial real estate disputes in WV need the reliable legal counsel and representation of an experienced WV commercial real estate attorney.