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Litigation Archives

Reducing Premises Liability Exposure in WV

Owning business property has its challenges, and claims can arise in the most basic of areas: parking lots, staircases, sidewalks, and elevators. Failure to adequately maintain business premises with proper locks, lighting, equipment, and signage can quickly lead to liability. Property owners must be ever-vigilant.In parts one of this premises liability series, Oscar R. Molina explained the various types of premises liability claims, and in the second blog he identified areas to watch for potential premises liability claims. Part three of the series focuses on not only avoiding premises liability in West Virginia but also, when avoidance is impossible, on mitigating or reducing premises liability exposure in WV.

Viewpoint Discrimination on Facebook Page--First Amendment Considerations

Facebook usage is ubiquitous; no matter who you are--an individual, a business, or a government official--the far reach of the social media giant is undeniable. Facebook appeals to many for its ability to reach people, and several Facebook products are available that benefit both individuals and organizations. Facebook's "Pages" is a product intended for use by organizations but ultimately managed by individuals. It was just such a Facebook Page that garnered attention in the 2019 Fourth Circuit decision Davison v. Randall. The case provides illumination as to whether an intangible Facebook Page can constitute a "public forum" for purposes of First Amendment analysis. The case also examines the conditions under which banning someone from such a page might constitute actionable viewpoint discrimination.

Effect of Rule 65.1 Amendment for Litigants

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.

When Does Lawful Pursuit Turn into Reckless Disregard?

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.

Class Action Rule Amendments: What You Should Know

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.

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 or awards of damages. WV municipal defense lawyers can help government entities or political subdivisions prevent and defend against claims that threaten precious resources.

Federal Court Rule Changes Affect Litigants Beginning December 1, 2018

An experienced litigation attorney explains how federal court rule changes affect litigants.

Crystalline Silica and Construction--Are You OSHA Compliant?

After 45 years without a change, the Occupational Safety and Health Administration (OSHA) recently issued a standard lowering the acceptable exposure levels for crystalline silica and construction and placing new burdens on the construction industry. Compliance with the new silica standard is multi-faceted and necessary to help businesses meet OSHA's requirements as well as respond to any allegations of failure to comply.

Scarr Named Best Lawyers 2018 Charleston, WV Litigation - Construction "Lawyer of the Year"

Jenkins Fenstermaker, PLLC, proudly announces that Best Lawyers® has recognized Thomas E. Scarr as the 2018 Charleston, WV Litigation - Construction "Lawyer of the Year." This recognition is based on peer reviews, showing Tom's skill in construction litigation in West Virginia has earned the respect of esteemed colleagues in this practice area.

WV Municipal Liability: WV's Tort Claims Act and Municipal Immunity Laws

Municipalities in West Virginia (WV) face a unique set of challenges when it comes to defending potential lawsuits. After all, the costs related to litigation and possible liability can hurt the financial well-being of even the largest city, making WV municipal liability insurance a necessity. However, due to the inherent risks shouldered by WV cities--and the resulting inability to procure affordable liability insurance due to these risks--state lawmakers created the Governmental Tort Claims and Insurance Reform Act.
Jenkins Fenstermaker, PLLC Best | Client Recommended | 2019