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(304) 521-6120 Clarksburg, WV

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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

Jenkins Fenstermaker, PLLC

215 S. 3rd Street

Suite 400

Clarksburg, WV 26301

Phone (304) 521-6120

Toll Free (866) 617-4736

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Image of a real estate survey showing an easement, representing how Allison J. Farrell at Jenkins Fenstermaker helps evaluate and handle commercial real estate transactions involving WV easements and rights of way.

An Introduction to WV Easements and Rights of Way

By Allison Janine Farrell of Jenkins Fenstermaker, PLLC on 09/20/2021

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. 


Aerial image of a strip coal mine, representing how black lung defense lawyer James. “Mac” Heslep at Jenkins Fenstermaker helps businesses at risk of black lung claims.

FAQs Answered by a West Virginia Black Lung Defense Lawyer

By James Heslep of Jenkins Fenstermaker, PLLC on 09/16/2021

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.


Image of a lump of unprocessed coal, representing how black lung lawyer Mac Heslep at Jenkins Fenstermaker, PLLC can help your company identify exposure to black lung claims and prepare an appropriate response and defense.

A Black Lung Lawyer Explains Claim Exposure for Unsuspecting Employers

By James Heslep of Jenkins Fenstermaker, PLLC on 08/18/2021

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.


Image of a coal mine shaft, representing how Mac Heslep at Jenkins Fenstermaker, PLLC helps coal operators and insurers navigate the black lung claim process.

The Black Lung Claim Process: What Employers Need to Know

By James Heslep of Jenkins Fenstermaker, PLLC on 08/13/2021

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.


Image of property lines on paper with the word “easement,” representing the potential for commercial real estate disputes in WV and how a WV commercial real estate attorney at Jenkins Fenstermaker PLLC can help.

Commercial Real Estate Disputes in WV

By Allison Janine Farrell of Jenkins Fenstermaker, PLLC on 07/26/2021

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.


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