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Last month, a truck carrying a large load crashed into the I-70 overpass bending one of the major support beams at the Dallas Pike exit. The same day a runaway dump truck crashed into a garage after destroying several residential fences in Moundsville. Last Saturday, one of Moundsville City Councilmen, Phil Remke, had to use his car to physically obstruct a truck from taking an unauthorized route through Moundsville. Damage to property, danger to people, and wear and tear on our roadways are all becoming increasingly frequent problems throughout the Ohio Valley. Whether it's through handling large construction equipment, as was the case in Dallas Pike and in Moundsville, or all of the associated "ordinary" truck traffic related to oil and gas drilling, the infrastructure in this area is taking a beating. The number, weight and trip frequency for trucks in the area is way up, and in some cases it's beyond what the roads can take. That can be good news for business and a good sign for the economy, but it can also mean serious problems if trucking outfits are not running right and taking the appropriate time and the appropriate rest to maintain a margin of safety for the people who live here. Many people are already being hurt when their lanes become impassable, riven with potholes and broken shoulders or choked with traffic they aren't designed for. Government regulations impose restrictions on the number of hours over-the-road truck drivers may spend in certain defined periods of time on our highways. It's worth considering whether similar limitations need to be considered for driving that may be more local in nature, but nonetheless goes on all day (and sometimes all night). When you see a disaster like the one in Dallas Pike, you really have to wonder if the driver was up to his task at the time he decided to proceed under that low underpass with way too tall a load. Regulated maintenance checks are also essential when dealing with large trucks. According to the driver in the runaway truck incident in Marshall County, the brakes simply "failed" without warning, leaving him streaking down the road into yards and ultimately into someone's garage. When a "get the job done" attitude overrides the need to make sure that equipment is properly tested and road worthy before it leaves the garage, tragedies much more serious than the property destruction last week can occur. Our firm has seen its share of wrongful deaths caused by poor or even non-existent truck maintenance and we'd just as soon never see another one if companies would clean up their acts. In addition, it's important that all trucking outfits be properly insured. Early reports suggest that the repair of the Dallas Pike overpass will be a multi-million dollar repair with a difficult-to-calculate impact on commerce locally and regionally for the closing of highway lanes for a long period of time. The potential for loss of life from runaway trucks and overloaded trucks on the roads is also quite serious and substantial, and carriers need to be fully insured to allow some measure of protection and compensation for the public when incidents do occur. The US Congress is currently considering a bill to increase the insurance limits carried by large trucks that have been the same since the 1980s. It can certainly be hoped that the Congress will strongly consider passing that legislation for the protection of not only Ohio Valley residents, but also those nationwide.

During the summer of 1941 the attack on Pearl Harbor was still several months away. While Americans from all over the Country threw themselves into the war effort after December 7, 1941, many American men had already joined the military before that attack. My grandfather, Marvin "Jack" McGraw enlisted in the U.S. Army July 12, 1941. Jack had always been the adventurous, if not ornery, type. As a young child he, on more than one occasion, would jump trains and actually once made his way from West Virginia to the Pacific North West where he visited family. When he enlisted in the Army he was initially assigned to the Quartermaster Corps and after basic training was sent to Milwaukee, WI for training to be a vehicle mechanic. The training he received was actually through a program run by Harley Davidson. While in Milwaukee he had the good fortune of meeting a young woman named Lois Witteman. Lois and Jack began a relationship and would later be married, but not before Jack was deployed overseas and volunteered for service that would take him on thirty missions in the air over the Europe. The U.S. Army Air Corp, the predeceasor to the U.S. Air Force, reformed and expanded dramatically during World War II. The army asked its ranks for volunteers for this service. In June of 1942 Jack volunteered for that service. He was discharged from the Army and subsequently re-enlisted into the Air Corps. Within only a few weeks of joining the Air Corp., he was in the air. The McGraw family is not known for its height, so it is little surprise the position that Jack would serve during his time in the air corp. Jack became a tail gunner on a B-17F flying fortress. The tail gunner sat in very rear of the plane in a small and cramped area under the tail fin and observed the rear of the plane through small glass windows while armed with two .50 caliber machine guns. The tail gunner served as both an observer and in a defense position for the plane and other planes in the flying formation. The B-17 is one of the more romanticized bombers from the American military. The famous "Memphis Belle" was a B-17 and no doubt many of seen the movie based on and dedicated to that plane. The "Memphis Belle" was part of the 8 th Air Force's 91 st Bombing Group based out of Bassingbourn England. The 91 st Bombing Group was made up of 50-60 bombers and 2000 personnel. My grandfather was also a part of that bombing group. He served on a variety of different planes and flew 30 missions on several different B-17s. In comparison, the "Memphis Belle" flew 25 missions before it was taken out of service and placed into service at home for the war bond efforts. Among the planes that Jack flew on include the "Shoo Shoo Baby", "Skunk Face", "Chief Sly II" and "Hell's Halo." While after the war many of  the surviving planes were sold, stored and/or scrapped, the "Shoo Shoo Baby", now named the "Shoo Shoo Shoo Baby" is actually still in existence and is currently preserved on public display at the National Museum of the United States Air Force at Wright-Patterson Air Force Base near Dayton, Ohio. The plane itself has an interesting history after one of its crews was forced to make a crash landing in Sweden in May of 1944. The famous and original "Memphis Belle" is also located at the Air Force Museum near Dayton and currently under restoration. About 6,000 B-17's were lost during operations during World War II and many thousands of crew were killed and/or made prisoners of war. My grandfather was lucky. In 1943 on a mission to Bremen Germany, the plane that he was serving on suffered nearly disabling damage. The tail fin directly above my grandfather's head took flak tearing a large hole in the fin. The pictures attached to this blog were taken upon the crew's return to base. That is my grandfather standing in the open hole in the fin. My brother, Scott McGraw, was able to locate these photographs, which also appeared in a London newspaper, from the National Archives. Several years later, Scott was in a book store and picked up a book titled "B-17 Combat Missions" by Marin Bowman. Low and behold on page 130 of the book is one of the pictures of my grandfather standing on his damaged plan. The crew was very lucky to survive. In 1943 the 8 th Air Force average a loss rate of 8% per mission. Given that the number of missions necessary to complete a tour of increased and the war went on, it was statistically impossible to complete a full tour of duty. Many thousands of air men gave their lives not only in combat but also in training missions. Jack was one of the lucky ones who got to return home. He came back to the States in the summer of 1944 and ultimately returned to Milwaukee where he would marry Lois. My father, Michael John McGraw, was born in Wisconsin in 1947 and the family traveled back and forth between Wisconsin and Southern West Virginia before finally settling back in my grandfather's home community in Wyoming County, WV. I am very proud of my grandfather's service and the story that ultimately led to me being here. Had Jack not enlisted and been sent to Milwaukee he and Lois likely never meet. Had that piece of flak hit his plane only a few more inches over or lower, the plane may not have been able to return to base. Nearly all of us look back on the Word War II veterans with reverence and respect, and rightfully so. Somewhere along the line, though, it sometimes seems that we lost some of that respect for veterans of other wars. Whether you agree or disagree with a war effort or the politicians who approved the efforts, we can all agree that the men and women who actually serve on the front lines of those efforts deserve our respect. They and their families sacrifice a lot and many never get the chance to see their families grow. We at Bordas & Bordas are very proud of our servicemen and women, past and present, including our own Geoff Brown, a 1994 West Point Graduate who served in Germany and Bosnia-Herzegovina, and Ryan McQuaid who served two deployments in Iraq. As we near the upcoming Memorial Day, please continue to remember those individuals and families that have sacrificed so much for us.

Despite the comprehensive laws and regulations that are supposed to protect residents of our nursing homes, too many times things go wrong. There is a financial incentive for nursing homes and the companies that run them to cut corners by hiring too few staff members and underpaying that staff members who do work there. For these and other reasons, the quality of care received by residents of nursing homes falls short of the standard. Although the injuries suffered by the victims of such abuses can take many forms, dehydration, pressure sores, infections, choking, elopement, and falls are some of the more preventable and serious injuries that we see. In particularly tragic cases, nursing home residents may not survive their injuries. To be clear, each and every nursing home has an obligation to provide quality care to every resident in the facility. It is not the fault of the resident or the resident's family when the nursing home falls short of these standards. However, there are some things that we can do to help make sure that nursing homes live up to their obligations. The federal government has published some useful information that may assist you in selecting or evaluating a nursing home. Those resources can be found here: http://www.medicare.gov/nursing/overview.asp. The most important part may be to trust your instincts and ask questions. I realize that depending on each individual circumstance, frequently visiting your relative in the nursing home may be difficult. However, the personal involvement of the family at the home can be very important. If you or a loved one has been injured at a nursing home, we encourage you to learn more about the experienced attorneys at Bordas & Bordas and to contact us to find out what you can do to make nursing homes safer places for some of the most vulnerable members of our community. This article is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between Bordas & Bordas and the user or browser.

Although the first day of spring was months ago, the Ohio Valley is just starting to enter the rainy season that traditionally marks the transition out of winter. Did you have property damaged in this week's hail and rain? Read on to see how attorney Michelle Marinacci has previously suggested you handle such a situation. As spring time approaches the Ohio Valley, so does the risk of severe storms damaging our homes and businesses. Being prepared in the event you sustain storm damage will make the claim process easier and, in the event your insurer does not handle your claim fairly and in compliance with its policy obligations, you will be prepared to take the appropriate legal action. Below are some helpful hints to assist you in dealing with the results of a damaging spring or summer storm: 1. Read your policy carefully. Know what is and is not covered and whether you have purchased sufficient limits to adequately protect your valuable property. For example, many types of water run-off damage are not covered under terms commonly included in ordinary homeowners' policies. If you believe your policy does not provide all the coverage you want or need, contact your agent regarding purchasing additional coverage. Additionally, the policy may impose strict time limits for reporting claims or impose requirements regarding securing property from addition damage. Knowing what is expected of you before a storm-related claim arises will make the stressful, confusing post-storm period a little easier to deal with. Reading and knowing your policy provisions beforehand will also allow you to be prepared in the event a dispute arises with your insurance company relating to your claim. Many policies contain alternative dispute resolution provisions or appraisal provisions which must be utilized before legal action may be taken or impose strict time limits on filing a claim related law suit. 2. Document your losses. Take pictures of the damage and make a list of all property sustaining damage. You should also estimate the value of all damaged personal property. While it is not necessary to go to stores and find current sale prices for damaged property, you should provide estimates that are to the best of your ability. Keep a list of all storm related expenses you incur. Even if your policy does not require you to prepare and submit such a list, it is in your best interests to do so. Remember - the adjuster handling your claim works for the insurance company and may not have your best interests in mind when documenting losses. It is helpful to have your own list prepared to compare to that prepared by the adjuster on behalf of the insurance company. 3. Communicate in writing when possible and document oral conversations. By communicating in writing with your insurer you are creating a paper trail. The insurance company documents all oral conversations and so should you. Your contemporaneous notes of an oral communication or follow-up letter may be necessary later when the insurer's "recollection" of the conversation is different than yours. When disputes arise, the timing and content of communications are critical to establishing an insurer's liability. 4. Take care to ensure accuracy. When filing out claim forms, take your time and provide the most accurate information you can. Even honest mistakes can be cited by the insurer as a reason to deny a claim. If you realize you made a mistake, correct it in writing as soon as possible. 5. Submit a competing estimate. If you get an estimate from the insurance company that seems low or unfair, get an estimate from one or more contractors you trust to the insurance company. Timely providing contrary estimates to the insurer for consideration strengthens future actions against the insurer for failing to honor its policy obligations when the insurer chooses to ignore the estimates you provide. If, after taking these steps, you are not satisfied with how your claim was handled, you should consult legal counsel before cashing any check provided to you by the insurance company or signing a release. If the insurer has not handled the claim fairly, legal recourse may be available to obtain the money you are owed under your insurance policy and repair your property damage properly. This article is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between Bordas & Bordas and the user or browser.

It's graduation and road repair season! What does one have to do with the other? Career choices. We all expect high school graduates to attend college and become doctors, lawyers, software engineers and a lot of other high paying and high profile careers. But as I drive down the interstate to my not so high profile career, I see all of these men dressed in reflective clothing and know that it takes us all! Maybe the road workers, the trash collectors, the cashiers, the typists, etc. don't have high profile careers but where would this world be without them? We set out our trash can and know that what is inside it will disappear. We go to the store and because there is a cashier there, we can purchase food. We take for granted that the "insignificant" people are so necessary in our lives and in the lives of the entire world. No one should look down on anyone else because they are not suited for a higher education or a high profile career. And the road workers, trash collectors, cashiers and typists of this world should not feel that they are any less important than the doctors, lawyers and software engineers of this world. We are all equal in God's eyes. I truly believe that God put it in our hearts to be what we are because He knows that it takes all of us to make His world go round!!

Everyone has seen a television show or movie where an incident happens, a lawsuit is filed, the claim goes to trial and the entire process is concluded within an hour or two. Unfortunately, these fictional depictions lead to the misperception that once a lawsuit is filed, a claim will be resolved almost instantaneously. In real life, the process is not that quick. There are actually multiple phases of the litigation process which must be completed before a claim is brought to trial. Understanding the process is necessary to avoid frustration caused by the length of time it sometimes takes claims to resolve. Initial Pleadings: A lawsuit is started by the filing of a complaint. Once the complaint is filed, it is served upon the defendant and the defendant is provided an opportunity to file an answer. In the defendant's answer it will raise any defenses it believes it may have to the plaintiff's claims. Additionally, during this stage the defendant may file motions challenging whether the plaintiff has a legally recognizable claim and/or may institute a fight over the proper court to hear the claim. Under certain circumstances, a defendant may try to remove a claim from a state court where it was filed to a federal court. When that happens, the question of the proper court to hear the claim ordinarily must be resolved before moving to the next phase of the litigation process which is the discovery phase. Discovery: The discovery phase itself has multiple parts including written discovery, depositions and expert discovery. Written discovery may consist of interrogatories, requests for production of documents and requests for admission. Interrogatories and requests for admission are written questions which must to be answered regarding the factual basis claims and defenses and other relevant information which is needed for the jury to eventually understand and resolve the claim. Requests for production of documents seek disclosure of documents and other evidence which either supports or refutes a claim. Depending on the type of case, there may also be inspections or examinations which take place during the discovery phase. For example, under certain circumstances, a defendant may seek to have a personal injury plaintiff be examined by a doctor of the defendant's choosing. Similarly, in product liability cases such as where a machine or truck or other "thing" is alleged to have malfunctioned, the parties may have that item inspected and tested by experts. Another part of the discovery phase is the conducting of depositions. This is the time where the attorneys can sit down and ask parties and witnesses questions under oath regarding the claim and what the individual knows about the factual circumstances relevant to the claim. Additionally, the parties are provided the opportunity to question the opposing party's expert witnesses under oath regarding the opinions they intend to seek at trial and the basis therefore. Motion Practice: Oftentimes, disputes arise between the parties during the discovery process which require court intervention to resolve. These disputes often involve the sufficiency of discovery responses and whether information requested to be produced is required to be produced under the relevant rules governing the litigation process. Additionally, motions may be filed asking a court to resolve the claims without a trial based upon the evidence produced during the discovery process or to limit the evidence which may be presented to the jury at trial. Only after the discovery process and motion practice process are complete is the case ready to go to trial. Trial: Trial is the phase of the litigation process with which most people are familiar from watching television shows and movies. This is where there is a judge and jury and each side presents its case to a jury and the jury decides who is right, who is wrong and how much money to award in a civil case. Many may think that the litigation process is over once the jury renders its verdict. However, there is yet one more phase of the litigation process to be completed. Post-Trial Motions and Appeals: Once the jury has rendered its verdict, the parties have an opportunity to ask the trial judge to set aside or alter the verdict if the parties can point to an alleged error which occurred during the trial, such as admitting evidence which should not have been admitted under governing law or an improper argument or jury instruction. Once post-trial motions are resolved at the trial court level, the case may be appealed to a higher court. In West Virginia, this constitutes an appeal directly to the West Virginia Supreme Court of Appeals. In Ohio, however, there is an intermediate appellate court which may review the case and either affirm the trial court's decisions or send it back. An Ohio intermediate court decision may be further appealed to the Ohio Supreme Court. Just as ordinary life is not always as depicted in television and movies, neither is the litigation process. The attorneys and staff at Bordas & Bordas have extensive experience in each phase of the litigation process and are here to help our clients understand and navigate the successful prosecution of a claim. This article is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between Bordas & Bordas and the user or browser.

At times this winter, the heat and warmth of the sun seemed a distant memory. But here we are again, enjoying a most-welcome spring with summer just around the corner. And while I imagine many of us will be looking to take full advantage of the sun's rays in a few short weeks, especially after being cooped up all winter, enjoying time outdoors is not without its challenges. Spending time in the sun requires a careful balancing act. After all, absorption of the sun's rays improves mood and triggers the production of Vitamin D, which is essential for a number of the body's internal processes and critical to our very survival. However, the UV light of the sun's rays also causes skin cancer and prematurely ages the skin. Compounding the issue is a growing body of research that strongly suggests that the conventional "protection" of sunscreen may be as, if not more, harmful than the sun itself. Sunscreens have been around for nearly 100 years and comprise an annual, billion dollar industry in the United States. There are 17 individual sunscreen ingredients that are FDA approved, 15 of which are clear chemicals that absorb UV light. These chemical sunscreens do not stay on the surface of the skin but are instead absorbed and quickly find their way into the bloodstream, where they are distributed all over the body without being detoxified by the liver. These chemicals can be detected in blood, urine, and breast milk for up to two days after a single application, which might be okay if they were uniformly safe. Unfortunately, they are not. Of these 15 clear chemicals, 9 are known endocrine disruptors - chemicals that interfere with the body's endocrine system and produce adverse developmental, reproductive, neurological, and immune effects in humans. The hormones most commonly affected are estrogen, progesterone and testosterone. Endocrine disruptors can cause abnormal development of fetuses and growing children. They can cause early puberty and premature breast development in girls, and small and undescended testicles in boys. They can cause low sperm counts and infertility and also contribute to the development of breast and ovarian cancers in women, and prostate cancer in men. The other two FDA approved sunscreen ingredients are two minerals, zinc oxide and titanium dioxide. These two work very differently than the other ingredients, in that they sit on the surface of the skin and physically block UV light. Zinc oxide and titanium dioxide are rocks that are ground down to a fine consistency. These are better choices than the chemical UV light absorbers, but increasingly companies are processing zinc oxide and titanium dioxide into ultrafine, nanoparticles or micronized versions. A recent study from MIT and the Harvard School of Public Health (HSPH) suggests that zinc oxide and titanium dioxide nanoparticles can significantly damage human DNA. Because the micronized versions are so small, they are likely to penetrate the skin and our body's cells much more easily than the larger sized version of these minerals and cause significant breakage in our cells' DNA, which can ultimately lead to a host of cancers and other health problems. DNA damage is particularly problematic in children, whose cells are rapidly and constantly dividing. Many popular, conventional brands of sunscreen such Coppertone Sport, Coppertone Water Babies, Aveeno, Neutrogena, Banana Boat, Bull Frog, Hawaiian Tropic and most store brands have received terrible safety ratings from the Environmental Working Group's Sunscreen Guide when it comes to these concerns. So when planning your or your family's outdoor adventures this year, avoid the following ingredients and/or properties common in today's sunscreen: Oxybenzone - the most popular ingredient in chemical based sunscreens but also a hormone disrupting chemical which penetrates the skin and enters the bloodstream. Vitamin A (Retinyl Palmitate) - A 2009 study by the National Toxicology Program found that in the presence of sunlight, Retinyl Palmitate may actually speed the development of skin tumors and lesions. Fragrance - a petroleum based product that is linked to organ toxicity and allergies. High SPF - The FDA does not regulate SPF higher than 50 and many of the higher SPFs do not provide any additional protection. Some studies suggest that users are exposed to as many or more ultraviolet rays as those who use lower-SPF products. Sprays or Powders - Sprays and powders have additional chemicals added to them for performance purposes, which can be toxic to the lungs. Instead, follow these tips to make the best sunscreen choice: Choose non-nano titanium dioxide and zinc oxide based mineral sunscreens that do not have small particles that can absorb into skin. Choose lotion-based sunscreens with water resistance. Choose broad spectrum sunscreens that protect against UVA and UVB rays. Choose sunscreen products that are rated 0-2 in the Environmental Working Group's Sunscreen Guide. For a list of products that meet these criteria, click on this link. Spending just a few minutes this summer to find the right balance to best protect yourself and your loved ones from both the sun and sunscreen offers the best chances for a safe, enjoyable summer.

St. Clairsville, OH -- On May 9, 2014, a jury returned a verdict of $500,000 in the Courtroom of Belmont County Common Pleas Court Judge Frank Fregiato, in favor of Bordas & Bordas, PLLC client, Christine R. Alexander and against the Country Club Retirement Center. The case involved the disappearance of Alexander's 80-year-old mother, Luella Edge. Retirement home officials found that Edge was missing from the home in the early morning hours of April 30, 2010. Edge had resided in her Wheeling home for 58 years before moving to the retirement center, where she stayed for one day before she disappeared. A search for Edge was immediately organized by Belmont County Sheriff Fred Thompson, which included search dogs, family, and other civilians. The Country Club Retirement Center is located in a wooded area in Bellaire, Ohio. On November 20, 2010, Edge's remains were found approximately 790 feet from the retirement home. Bordas & Bordas partners Geoff Brown and Jamie Bordas represented the family at trial. Brown said it is regrettable that Edge's family will have to live with the unfortunate consequences surrounding her death. "It is even more unfortunate that the family had to go through such tremendous stress and anxietyassociated with the disappearance of Luella, especially when they trusted that she would be under constant care at the Country Club Retirement Center," Brown said. "We were proud to represent our clients in this case. Hopefully, this will help bring about some change in the way that our older citizens are treated in assisted living facilities," Jamie Bordas, managing partner of Bordas and Bordas said. "Although we cannot bring Ms. Edge back, we are happy that the jury came to a rightful decision and that justice was served." This verdict is one of many recent significant verdicts obtained by the Bordas firm on behalf of clients, including previous verdicts such as $10,000,000 against The Personal Service Insurance Co. in Belmont County, Ohio; $7,000,000 against American Electric Power Service Corporation and Ohio Power Company in Timmons v. AEP; $5,800,000 against Ohio Power Company in McLaughlin v. OPCO; $5,100,000 against Richard Gentile, M.D. in Turkoly v. Gentile and over $2,700,000 in Brown v. Quicken Loans. Bordas & Bordas is a plaintiff's litigation law firm of 16 attorneys based in Wheeling, West Virginia that also has offices in Moundsville, WV and St. Clairsville, Ohio and practicing throughout the region in diverse areas of law. For more information, please contact Geoff Brown, Jamie Bordas, or Carrie Scanlon, Director of Communications and Philanthropy, at 304.242.8410, or visit bordaslaw.com.

You have signed your oil and gas lease, and maybe you are happy with the terms of your lease, but maybe you are not. Maybe you decided you could put up with a little noise or the extra traffic in your community while the drilling is going on. What you have been waiting for is for production to start and for the royalties to start pouring in. Just let the royalty payments start and it will all be worth it. Unfortunately, there are a myriad of ways the oil and gas company has misled you as to the amount of money you might ultimately receive from the production. Drawing inaccurate and improper unit production boundaries is one of them. An oil and gas producer's application of the "pooling" or "unitization" language in your lease might severely limit the royalties you expected to receive. Horizontal wells reaching the Marcellus and/or Utica Shales are large and expensive operations. It is not cost effective to drill one such well for individual tracts of land. Instead, the oil and gas companies need to combine many tracts of land into "production units." These units are often as large as 640 acres or more in total size. These units will typically have one drilling pad with multiple wells drilled thereon. The individual wells are drilled vertically downward then out horizontally to stretch across and through the unit. The horizontal legs permit the driller to drain the oil and gas from large areas of land. The "pooling" or "unitization" language in an oil and gas lease permits the oil and gas producer to combine your land with your neighbor's land to make production possible. "Pooling" really is necessary for the majority of landowners to get production from their oil and gas rights. However, landowners need to understand the other consequences of "pooling." "Pooling" and/or "unitization" clauses typically provide that once a production unit is created, oil and gas production from any part of that unit will hold by production all the lands which are a part of that unit. Land is held by production once certain production operations begin under a lease. If at the end of the primary term of a lease such production operations are ongoing, a lease will remain in effect typically until production ceases. Just because part of your land is in a unit does not mean that you will get paid royalties for all of your property. Imagine you have 100 acres of property and you signed a lease. The gas company has decided on a well site nearby and will begin drilling and ultimately producing oil and gas. The gas company creates its production unit of 600 acres. When the unit is created, the gas company mails a notice to the land owners in that unit. It also records a "Declaration of Pooling" or similarly named document in the land records office at the local Courthouse. The declaration shows the boundaries of the pooling unit and identifies all the landowners and amount of property each landowner actually has in the unit. As you review the pooling notice you see that although you have 100 total acres, only 2 of your acres are actually in the production unit. What does that mean? Unfortunately, it means that when production starts you will only get paid royalties for 2 of your acres. You will not get royalties for the remaining 98 acres! You might think, big deal, they are only paying me for 2 acres, I will just go get a new lease on the 98 acres not in production. WRONG! Even though you are not getting production from those 98 acres, the "pooling" language in your lease provides that the gas company still controls all of your property. This could have been prevented by asserting the need for a Pugh Clause in your lease. Very generally, a Pugh Clause is a contractual statement that an oil and gas company cannot hold by production those lands which are not part of the production. If you don't have such a clause what other options do you have? You might very well have a suit against the oil and gas company for something called "bad faith pooling." As you would likely expect, an oil and gas company will often draw its production units not to maximize profit for itself AND for its royalty owners (which is a duty that it owes under the law and under your lease), but to hold as much land as they can by production to avoid competition and give them additional time to delay further operations. The gas company does not want to pay you at the end of your 5 year term to extend your lease and it doesn't want to have to sign you to a new lease now that you know what everyone else is actually getting paid. So what does it do? It "includes" a small portion of your property in its production unit so that it retains control over all your land. By drawing a line across your property the gas company may have prevented you from obtaining hundreds of thousands of dollars in potential rental or bonus fees. Frankly, it may also be a fraud against the other land owners in the unit as well. The gas company may be paying you royalties on 2 acres when, in reality, they are not even pulling gas from your property. That reduces every other land owner's share of the total production pie. If this has happened to you, what are your options? Bordas & Bordas, PLLC is actively investigating and preparing to file bad faith pooling lawsuits. These suits ask courts to declare that property that is not within the production unit is free and clear so that you may seek new lease options for that property. Bordas & Bordas, PLLC has a long history of taking on large companies and defending the rights of individuals who might not be able to fight for themselves. The oil and gas industry has brought an immense amount of money into our area, but much more money is going right back out with these out of state companies. Don't let the oil and gas companies find new ways to deceive you and to avoid paying you. If you are concerned that you are not being treated fairly and/or not being paid properly contact us immediately for a free consultation. This article is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between Bordas & Bordas and the user or browser.

I am hoping to run my third Ogden Newspapers Half Marathon this May. The Half Marathon is a great community event and it allows you to see Wheeling in a way that will change the way you think about our city. I'll never view 29 th Street hill the same way again. It's great to see our community rally around an event like that and there are many ways to participate, from the half marathon itself to the 5k to events for the kids. I ran my first two half marathons some number of years ago, so getting in shape this time has not been all that easy. I'm a little behind given how brutal our winter was. I would have needed snowshoes to start training before a few weeks ago. I went online to search for some training tips, but like a lot of other things on the Internet, there is, at the same time, too much of a certain kind of information and too little of the right kind of information. I'm not looking to win on May 24, but I do hope for a respectable performance and would like to minimize how miserable I am on the long climb up National Road above Generations at the end of the race. By the way, who decided to put that hill on mile 11? Anybody out there have some training tips for me? It's not long until the race, so I'm hoping for some good advice.

The West Virginia Wage Payment and Collection Act ensures that West Virginia workers receive all wages and fringe benefits due them for the hours they work. The Act aims to protect the rights and wages of workers, while providing a level playing field among the state businesses which must follow these rules. In brief, the Act provides: · Employees must be paid at least once every two weeks unless a special waiver is obtained by the Commissioner of Labor to pay less frequently; · Wages are paid in cash, check, money order or direct deposit; · Employees must be notified in writing at the time of hiring of the rate of pay and of the day, hour and place of payment and thereafter of any changes. · Employers are not required to provide paid fringe benefits such as holiday pay, vacation pay, sick leave or any other type of paid leave to their employees. However, if employers do provide such benefits, they must establish a written policy outlining how those benefits are earned and pay them accordingly. · Employees are entitled to an itemized statement of deductions made from wages of each pay period. · Employers are prevented from selling goods or supplies to employees at prices higher than their current value; · Employers are prohibited from deducting more than 25% of an employee's net earnings under a wage assignment and may not take a wage assignment unless it contains the written notarized authorization of the employee, specifies the amount due, states that ¾ of the employee's net wages are exempt, and is for a period of no longer than one year. · Employees that are discharged must be paid all wages, including fringe benefits due, within four business days of the last hour of employment. · Employees that resign should be paid all wages, including fringe benefits due, by the next regular payday or their last day of work when a full pay period's notice has been provided by the employee. Common Employer Abuses to Look for: 1. Payment upon termination of employment. Fired employees are often not timely provided with their final paycheck. Final paychecks must be provided with four business days of termination, no exceptions. Business days are defined as any day other than Saturdays, Sundays, or legal holidays. 2. Fringe benefits payable upon separation. Vacation pay and other fringe benefits that are earned according to company policy are considered wages and, generally, must be paid upon separation of employment. However, employees should consult their company's written policy relating to the payment of these benefits, if not received. Employers are permitted to place conditions on these fringe benefits and to exclude payment upon separation in their written policies. For example, policies not to pay fringe benefits to employees who were discharged for cause are permissible. 3. Assignment of wages. Without a valid wage assignment agreement, an employer is not permitted to make a deduction from an employee's pay for repayment of an obligation owed to the employer. Such obligations include: damages caused by the employee, services provided to the employee, salary advances, loans, etc. In order to have a valid assignment it must: be in writing; be accepted through signature of the employee with the employee's signature being notarized; specify the total amount due; state that three-fourths of the employee's net earnings shall be exempt from assignment and; be limited to no more than one year. 4. Coercion of employees to purchase merchandise in payment of wages; Businesses may not coerce or compel, or attempt to coerce or compel, an employee to purchase goods or supplies in lieu of paying wages due him. For example, an employer requiring an employee to purchase work uniforms by taking deductions from his or her pay could violate the Act. Even when appropriate, employers may not sell goods or services to an employee in payment of wages due or to become due him at prices higher than the reasonable or current market value. Remedies: The Act employs strong enforcement mechanisms and allows aggrieved employees to file claims for unpaid wages and benefits. In addition, aggrieved employees are often entitled to penalties, such as three times the wages owed at the time the employer violates the Act. The employee may also recover his or her attorney fees and costs in a lawsuit against their employer or former employer. This article is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between Bordas & Bordas and the user or browser.

In what is believed to be the first, but likely not the last, verdict of its kind, a jury has found a natural gas company responsible for $2.9 million in personal injury and property damages it caused by exposing a Texas family to harmful emissions of volatile organic compounds, toxic air pollutants and diesel exhaust from its fracking operations. The factual scenario underpinning this verdict is likely familiar to many of us here in the Ohio Valley who have had a front row seat for the ever-expansive natural gas drilling effort that has been going on in our back yard over the past several years. In late 2008, Robert, Lisa and 11-year old Emily Parr started experiencing serious health problems. Lisa Parr told CNN. "My central nervous system was messed up. I couldn't hear, and my vision was messed up. My entire body would shake inside. I was vomiting white foam in the mornings." In 2009, Lisa's husband, Robert, and their daughter, Emma, also became ill, suffering a multitude of mysterious symptoms, including nosebleeds, vision problems, nausea, rashes and blood pressure issues. At the time the Parrs had little appreciation for the size and scope of drilling operations near their property. Lisa Parr dismissed her migraine headaches, nausea and dizziness as the flu. "Being that the wells were not on our property, we had no idea that what they were doing on the property around us was affecting us," Mrs. Parr said. Unfortunately, her symptoms persistently worsened, and she came to recognize that something more serious was involved. The Parrs soon learned that Aruba Petroleum placed 22 natural gas wells within a 2-mile radius of their property in Decatur, Texas, just about an hour northwest of Dallas. The closest well to the Parr's property was only 791 feet away. Lisa Parr said that she knew by July 2010 that the "loud operation" next door to their ranch was toxic. "One night, our whole house was vibrating and shaking. We lease that property for our cattle and so I went over there to make sure our cattle wasn't around there, and when I went over there my nose and throat started burning. "My doctor, an internal specialist, found 20 chemicals in my body and he said, 'Lisa you must move immediately. You will spend more time and money on hospitals, chemotherapy, and a mortician ... and you need to get an environmental health doctor immediately.' " Fracking is a shorthand term for hydraulic fracturing, a process by which drillers pump massive volumes of water mixed with sand and chemicals into a shale or rock formation. The wells can be deeper than 8,000 feet, and the process fractures the shale around the well, allowing the natural gas in the shale to flow freely and be captured. The process is not without its problems. For one, the natural gas that flows from the shale rock is also accompanied by "flowback water", which contains a mix of the toxic chemicals found underground and used to frack the well in the first instance. When companies cut corners and do not dispose of that flowback water properly, local water supplies can quickly become contaminated. Another danger involves air pollution from drilling activities. Many gas drilling operations are powered with diesel fuel; while others let gas seep out from their equipment. Both practices can cause air pollution and with dozens of wells operating in the same vicinity, the impact to surrounding residents can quickly become hazardous to their health. Diesel fuel contains benzene, a known carcinogen that causes leukemia and other forms of cancer. Levels of benzene that significantly exceed the permissible exposure limit have been measured in the air surrounding a number of drilling sites throughout the Ohio Valley, suggesting that the same problems the Parrs experienced in Texas are likely to impact residents here at home under current industry practices. Increased regulation would go a long way towards helping address some of these problems. Pennsylvania recently became the first state to enact containment regulations wherever there is flowback from natural gas wells. Pennsylvania also requires containment systems able to handle 110 percent of the volume of the largest tank on site. Hopefully West Virginia and Ohio are soon follow suit. Either way, as Lisa Parr astutely surmised, the issue boils down to company responsibility. Mrs. Parr was quoted as saying, "e are not anti-fracking or anti-drilling. My goodness, we live in Texas. Keep it in the pipes, and if you have a leak or spill, report it and be respectful to your neighbors. If you are going to put this stuff in close proximity to homes, be respectful and careful." Here's hoping that this significant verdict serves as an industry-wide wake-up call to all players to be just that type of responsible corporate citizen. Until then, if you believe your, or your family's, health or property have been adversely affected by natural gas drilling activities, you should contact experienced counsel like Bordas & Bordas right away to determine your rights of redress This article is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between Bordas & Bordas and the user or browser.