According to a report released earlier this summer by Trust for America’s Health and the Robert Wood Johnson Foundation, West Virginia has the highest rate of overdose deaths in the United States—more than double the national average. In 2011 to 2013, there were about 34 drug overdose deaths per 100,000 West Virginia residents in 2011 to 2013. The national average was only 13.4. Even when compared to the second-highest state, New Mexico, which was at 28.2 overdose deaths per 100,000 residents, West Virginia was still way ahead.
West Virginia Personal Injury Lawyer Blog
Sadly, many nursing home residents and/or their families feel compelled to place video surveillance systems in the resident’s room. This is so because video surveillance can be a powerful deterrent to abuse and neglect; it can often assist in identifying and punishing the perpetrators of these offenses; and, it can be of an immense benefit to residents and their families in civil damage law suits. Just last year in Pennsylvania, hidden video surveillance helped the Commonwealth’s prosecutors convict nursing home employees of crimes of abuse and neglect, and has assisted our firm in recovering reasonable compensation for those affected by this senseless conduct.
Picture this scenario, you just built your dream house on a beautiful piece of property in the country side. Some of your favorite things about the property are the view of the beautiful rolling hills from your deck, the fact that you can allow your children to run free around your property without worrying about their safety, and the peace and quiet you come home to after a long day of work. One day, you notice several men doing work on the property across the street. Soon, several men turn into many large trucks that are kicking up dirt on your property. Next, you are told by your neighbors that an oil and gas company bought the property across the street and will be using it for their operations.
At the risk of showing my age and my complete lack of technological savvy, I readily admit I thought the word “BLOG”, was an acronym. I could not figure out what it was an acronym for, so I spent 30 minutes searching the internet trying to determine what the word meant. I finally figured out that, at least according to the internet, the word “Blog” is short for web-log. Now I do not know what web-log means and I am starting from scratch.
There are fair amount of mineral owners in the Ohio Valley area who might own a 100 percent interest in their mineral rights, or a share in minerals rights held by their family, but who are unable to execute a lease for those rights. I am not talking about lands were are still “held by production” or “held by storage” by older leases and wells that are still active. I am talking about the concept known as “executive rights.” The executive right, in the context of mineral ownership, is the actual right to negotiate and enter into a mineral lease agreement. This usually lies with the ownership of the minerals, but not always. Many times a person who decided to keep all or part of their mineral rights would give the surface owner the executive right. When done properly, the executive rights holder would be the individual or entity to have to right and ability to negotiate any oil and gas lease related to the property. In theory, this gave the land owner the right to protect the surface of the property by negotiating the terms on which their surface might be used for oil and gas operations. The mineral owner would benefit from the lease agreement when production began and would receive their royalty interest when the oil and gas was ultimately sold from the property. In most situations, the executive rights holder would have the right and ability to receive any “bonus” monies related to the execution of the lease.
I recently attended the Steel City Big Pour, a craft beer and food festival held at Construction Junction. This year marked the ninth year that the event has been held, and from the reviews of attendees, it sounded like this year’s event was the best yet.
Each and every day brings a new series of challenges, surprises, joy, sadness and many unpredictable events that can activate all sorts of emotions. Sometimes we find ourselves anticipating what we believe tomorrow may bring and then tomorrow comes and the situation for that day has you wondering how things happen. Sunday was one of those situations for me.
I just received notification that I will be called for jury duty. Given what I do for a living, I probably won't be selected, but I would gladly serve if needed. Other than our judges, trial attorneys like me probably know better than anyone how valuable jury service really is. Whenever I try a case, I always remind myself that the individual members of the jury have taken time away from their lives, jobs, and families to participate in the greatest system of justice in the world. It is an important and necessary sacrifice.
For any of us unfortunate enough to have to file a civil lawsuit, we know all too well the truth of the familiar refrain “the wheels of justice turn slowly”. Indeed, it can be quite frustrating, and borderline maddening at times, to be embroiled in litigation over a just cause, only to see months and months pass with what seems like no real movement towards resolution. And the typical pace of a lawsuit is even more acutely felt when the stakes are high and the case involves important matters that have changed one’s life drastically. From a lawyer’s perspective, it seems like there’s never enough time to get ready and each client’s case dominates the lawyer’s daily life for years. But a lot of what occurs in preparing for a lawsuit does not directly involve the client on a daily basis. So months can pass where the client is not directly involved in the day-to-day preparation of the case, which can greatly add to a litigant’s frustration. Today, I wanted to take a moment to try and bring some understanding to the moving parts of a typical lawsuit in hopes that, through awareness, litigants can find a bit more solace while they wait for their case to resolve.
Many people in West Virginia do not own the minerals under their property. They only have what we call “surface rights.” Surface rights allow us to live on and use the surface of the land, but do not include ownership interests in items such as coal, oil and natural gas.