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Litigation Archives

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.


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.


Employers know that good insurance coverage--including commercial general liability (CGL)--is an important part of protecting their companies from unexpected liabilities. Making sure that an insurance policy provides the necessary coverage can be confusing and stressful. Approximately 30 percent of small business owners rated liability insurance as their second largest insurance concern, according to a 2004 survey by the National Federation of Independent Business. The following discussion provides a brief overview of CGL coverage.

WV Religious Freedom Bill Failed to Pass in 2016

In 2016, by an overwhelming majority, the West Virginia House of Delegates passed House Bill 4012 regarding WV religious freedom. The bill purported to provide a claim or defense to a person whose religious freedom was burdened by state action. But, in the same legislative session, the West Virginia Senate rejected the "West Virginia Religious Freedom Protection Act" ("the Act").

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 session, West Virginia Senate Bill 55 was introduced and referred to the judiciary committee; a similar bill was introduced in the House, but neither bill passed. Given the interest in the bill, it is likely to be reintroduced during the 2018 regular session. If the legislature ever passed such a bill, how would that affect the admissibility of evidence of seatbelt non-use?

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 files affect a company's legal position in a lawsuit? Does file sharing waive the attorney-client privilege? What about attorney work product protection? This blog examines the potential effects of inadvertent disclosure of confidential information.


West Virginia (WV) laws governing the cancellation of automobile insurance policies provide detailed requirements insurers must follow before depriving an insured of coverage. In 2016, WV auto insurance cancellation laws were significantly amended by the legislature. This article covers car insurance cancellation laws in the Mountain State.
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