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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Jenkins Fenstermaker, PLLC

325 Eighth Street

Huntington, WV 25701-2225

Phone (304) 523-2100

Toll Free (866) 617-4736

Blog

Authorization of Transportation Network Companies in WV

With the rise of rideshare services in West Virginia (WV), or transportation network companies ("TNCs"), better known as companies like Uber and Lyft, concern over financial responsibility became an important topic.   The most similar…


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…


The Civil Juridiction 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 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…


Inadvertent Disclosure of Confidential Information: File Sharing and Privilege Waiver

Cloud computing services such as Dropbox, Google Drive, and Box, Inc. 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…


Deciding on the Type of Business Ownership Transition: Internal, External, or Closure?

Business succession planning is a process. It takes time to define your goals and structure your plan to best achieve those goals. This blog is the third in a series of six designed to help small business owners make important decisions about…


Admissibility of Evidence of Seatbelt Non-Use in a Civil Action under 2017 Senate Bill 55

The West Virginia Legislature introduced legislation in the 2016 and 2017 regular sessions that would have amended §17C-15-49 of the West Virginia Code regarding operation of vehicles with safety belts, also called seatbelts. During the 2017…


Federal Court Rule Changes Affect Litigants Beginning December 1, 2018

The U.S. Supreme Court approved changes to four of the Federal Rules of Civil Procedure: Rule 5, Rule 23, Rule 62, and Rule 65.1. These rule changes apply to pending and future cases in federal courts. Learn what each amendment entails, the reasons…


WV Municipal Defense Lawyers Focus on the Unique Needs of Political Subdivisions

Local government entities in West Virginia-municipalities, cities, government departments, police and fire departments-face a number of challenges. Municipal budgets are tight, and taxpayers do not want public funds to be spent on legal settlements…


WV Insurance Defense Lawyers Help Insurers Mitigate Loss and Better Serve Clients

Insurance is a valuable tool that allows people to distribute risk more broadly and prevent the financial devastation that can come with the various tragic and unpleasant situations that inevitably arise in life and business. Insurers in West…