Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

Is there really a need to litter? It bothers me to drive down the road seeing bottles and cans strewn about along with the cardboard boxes and other assorted receptacles that, at one time, housed said bottles and cans. And do you ever wonder about all of the clothing and shoes? I have seen those strung out for miles. If you lost a box of clothes and/or shoes out of your car or truck, wouldn’t you go back and get them? A couple of months ago when I was taking my sister home from church, I saw an entire living room suite smack dab in the middle of the interstate. I don’t know who lost their furniture, but they had to know that it fell off the truck. Not only would it make noise when it’s falling out, it would also shift around everything else that was packed up. I understand that things happen, but I don’t understand why, when such mishaps occur, people don’t pull over and pick the things up. Even if the pieces are broken, don’t leave them there. They create a safety hazard. Dealing with the usual challenges on the road is bad enough. None of us need the added stress of avoiding furniture, too. So do yourself (and others) a favor and put a trash bag in your car. It takes just a few seconds to tie the bag up and take it into your house and put it in your trash can. You don’t even have to do it every day. Do it once a week. Take pride in your home. Yes, the United States is your home. It’s where you live. Take pride in your roads and streets, and everyone’s yards. Don’t make the rest of us clean up after you. Don’t be a litterbug!

Research has shown that some 90,000 to 180,000 Americans die each year as a result of preventable medical errors. Patients who are given the wrong medication, are scheduled for unnecessary procedures, or are neglected by health care providers who do not take the time to listen to their patients, lose their lives far too often. The practice of medicine is supposed to be governed by standards of care, and when the standards are not followed, the consequences for American families are devastating. Many years ago, what doctors, nurses, hospitals and nursing homes could do to stay within the bounds of the law was considered “more art than science” or a nebulous matter of “judgment.” But research by America’s best teaching hospitals and by medical societies studying the major areas of medicine such as cardiology, surgery and obstetrics, allowed standards to be established that are backed up by evidence, and a track record of success. These groups are able to publish these standards in journal articles, books, and what is more broadly called the “scholarly literature of medicine.” Health care providers need to stay current on these standards and make sure that they follow them. These safety rules within the field of medicine are not unlike safety rules that cars and trucks are subject to on the highway. An 18-wheeler that is routinely going too fast might get away with it a few times, but eventually we know that the consequences of recklessly operating heavy trucks fall on innocent victims driving cars alongside them. Likewise, a nursing home, hospital or doctor that ignores the rules may get away with it for a while, but eventually lives will be lost as a result of subpar practices, rule breaking and carelessness. We all notice how doctors and nurses seem to want to spend less and less time with actual patients. That tendency was created by insurance companies and hospital corporations pushing them to try to drive greater profits. Nurses and doctors need to resist that pressure and make sure that the protection of human life is their top priority. When hospital corporations, doctors, nurses or nursing homes violate the standards of care, the legal system needs to be there to make sure that the standards are enforced. By enforcing the rules, judges and juries make it clear, not only to health care providers, but to all Americans that following the safety rules that exist for everyone’s protection is not optional. Medical and nursing standards of care exist for the protection of the most valuable thing there is — human life. Standing up for standards of care saves lives.

Did you know that the permanent hair loss suffered by breast cancer survivors may not be caused by radiation or chemo, but instead may be caused by a drug called Taxotere. For those who don’t know, this blog may be of great interest to women who are breast cancer survivors who have hair loss that persists longer than six months after treatment.  If in fact, you are one of those people, or you know one of those women who have suffered this type of injury, then you or those you know should have your case reviewed by my law firm or some other law firm in which you have confidence. This hair loss issue was identified by Sanofi, the manufacturer of Taxotere, more than 10 years ago. It was Sanofi who reported that the company itself found permanent hair loss in almost 10 percent of the Taxotere patients. Unfortunately, Sanofi has reported not only that there is a hair loss, but that the strong possibility exists that patients may experience hair loss that may be irreversible. Additional unfortunate news is that while Sanofi warned Europeans of the permanent hair loss issue, there has been no warning about this problem for U.S. patents. Unfortunately, it is believed by some that Sanofi misrepresented the effectiveness of Taxotere and hid the problems about the permanent hair loss issues in order to increase its market share and profits. Obviously, those of you who have suffered this problem know of the emotional and psychological issues that the loss of hair has had on you.  If in fact you have suffered from this problem, please call us so that we may discuss what may be done in order to obtain a measure of justice for you.

We all know two things we can never escape are death and taxes. What is important to remember when following the news about Congress, or your state legislature, is that not all taxes are created equal. Recently, some politicians, including particularly those on the hard right, have been pushing to replace the income tax with sales taxes or “consumption taxes.” Generally, right-wingers claim to be against taxes so creating new sales taxes or consumption taxes creates a little bit of a rhetorical problem for them. That’s the reason you will generally hear such taxes, which are really new taxes, being described as some kind of tax “reform” instead of what they really are, which is new taxes on regular folks. The main thing to remember is that sales taxes and consumption taxes shift the tax burden down the income scale so that they fall most heavily on those who are middle class or just trying to become middle class. The reason for this is that people in those ranges generally have to spend most or all of what they are able to earn to live. Wealthier folks are able to put their surplus money into investments, send it overseas, or conduct purchasing in states and jurisdictions that don’t have sales taxes or consumption taxes that they wish to avoid. Compare that to the income tax. The income tax is a progressive tax in which the more money that one makes the more tax one pays. Wealthy interests oppose income taxes for this precise reason. Of course, the income tax is still only a percentage of those higher incomes. For example, West Virginia’s highest income tax rate is 6 percent, so for a very wealthy person making a million dollars, they are paying $60,000 of that in state income tax. If they had to pay $80,000, they would still be $920,000 to the good! So it’s okay. The shift from income taxes to sales and consumption taxes is really just another way to make the slice of the American pie that goes to upper income folks bigger by taking a little bit more off the plates of the middle class and poor. Whether it is called “reform,” or “comprehensive” or what have you, that’s what it means. Over the last 40 years, America has enjoyed massive gains in productivity and output. That’s what we call “gross domestic product.” But while those gains were formerly shared up and down the income ladder, analysis has shown since about 1980 almost all of the increases in productivity and GEP have gone to the top 10 percent in wealth. Shifting our state governments, or even the United States as a whole, from an income tax system to a consumption tax system would make this growing inequality even worse. Of course, if you are in that 10 percent (or even the top one percent), maybe that’s exactly what you want. But that result isn’t so good for the rest of the United States, which needs to strengthen its middle class instead of hollowing it out with a big tax hike.

You should know that companies that produced products containing asbestos knew as far as back as 1918 of the dangers of asbestos, yet they did nothing to protect their employees or the general public. You should also know that if you or your loved one has suffered from mesothelioma and you are unsure of how you were exposed to asbestos, our firm will hire investigators to track down who is responsible so that we might hold those companies accountable. You should also know that the workers that suffer from mesothelioma have been in such wide fields as construction, boilermakers, pipefitters, electricians, oil field workers, factory workers, mechanics, steelworkers, insulators, school employees and mill workers. Currently, there are funds that have been set up with respect to ABB Lummus, AP Green, Armstrong Contracting, Armstrong World Industries, ARTRA, ASARCO, Babcock & Wilcox, Bondex, Burns and Roe, Celotex, Combustion Engineering, Congoleum,  DII Aberton, DII Harbison Walker, Eagle-Picher, Federal Mogul – Ferodo, Federal Mogul-Flexitallic, Federal Mogul-Turner & Newall, Flintkote, Garlock G-I Holdings, Hercules Chemical, H.K. Porter, Johns Mansville, Kaiser Aluminum & Chemical, Keen, Leslie Controls, Metex, Motors Liquidation Company or General Motors, Narco, National Gypsum, Owens Corning, Plibrico, Pittsburgh Corning, Quigley, Raytech, TH Agriculture & Nutrition, United States Gypsum, United States Mineral and W.R. Grace. Some additional jobs that carry a high risk of exposure to asbestos, particularly applicable to this area, would be mining, automotive shipping and mechanics, automotive manufacturing and maintenance, automotive brake and clutch repair, boilermakers, bricklayers, carpenters, cement workers, people in the construction and demolition industry, dental assistants, dry wallers, electricians, HVAC insulators, iron and steel workers, masonry workers, millwrights, pipefitters, plumbers, refinery workers, roofers, steamfitters, steel mill workers, teachers and welders. If you are not sure that you have mesothelioma, please call us so that we can assist you in determining if you have this horrible disease.  We take these cases on a contingent fee basis and do not charge a fee unless we recover money on your behalf.  We have 17 attorneys and roughly 50 support staff devoted to representing people who suffer injuries as a result of the negligence of others. You should also know that we recognize that some of you may be facing challenges as a result of your mesothelioma diagnosis and are unable to travel to one of our four offices located in West Virginia, Ohio, and Pennsylvania.  If that is the case, please let us know and we will come to you. This disease is a horrible disease that you should not have contracted.  Now that you have, you and your loved ones deserve justice.  We can be reached at 304-242-8410.  You should ask for Zak Zatezalo or Jim Bordas.  The other lawyers at the firm can also assist in answering your questions.

There are things that sometimes can’t be explained, like when out of the corner of your eye you swear that you saw something standing there and then you look again and there is nothing. Or you hear someone talking or walking around, but you know you’re the only one in your house. Has anything like this happened to you? I’ve experienced this several times in my life. It always happened when someone or one of my dogs has passed away, usually in the weeks that follow the death.   My strangest experience was when my brother-in-law passed away in hospice. I’d been awake for more than 32 hours trying to make sure my nieces and my sister-in-law (who also passed away just a few months later) were getting the rest they needed so when he crossed over, they would be strong and not suffering from lack of sleep.  So trust me when I tell you about my experience - I was a little worried it was from the lack of sleep until I talked to the nurse at hospice. This is my experience. Trying to keep everyone’s emotions in check was extremely difficult.  Being strong was my only choice.  We all knew my brother-in-law was dying from his cancer and it was just a matter of how long it would be before God called him home. As the hours ticked by into the night, I sat at the end of the bed on a bench with my one niece sitting beside me.  She had been watching me and finally asked what I had been looking at all evening.  I was praying that no one noticed, but I guess when you see shadows and you keep looking in one area of the room, you can’t hide it from people. With everyone so stressed, I thought no one would notice me looking at this massive shadow coming in and out of the adjoining room where my sister-in-law was sleeping. I tried my best to recreate the shadow by walking by the doors in the rooms, but nothing made that same shadow. The nurses must have known I was seeing something and I told them of my experience. They looked at each other and then at me and said they would talk with me in a little while. While I was sitting on the bench with my niece for the next few hours, I also saw two glowing balls of light come from the corner, bounce across the room and go under my brother-in-law’s bed and then I saw the shadow come into the room and stand. Then, my niece bent down and I thought she was looking under the bed. I asked her if she “saw them too,” but she indicated she dropped something and was just picking it up. This whole time I was beginning to think I was losing it or just so tired that I was starting to see things.   As this was happening, I woke the family and told them it was time, that my brother-in-law was going to cross over.  I have no clue why I was saying that to all of them, but something inside just told me it was time.  We all gathered around his bed as he drew his last breath and, just like that, he was gone from our world carried into heaven by the Angel of Death and his parents beside him. It all happened so fast. How do I know that’s what happened?  The nurses came to me and explained that they had heard similar stories from other people when their loved ones where getting ready to cross over.  They said they believe the shadow I kept seeing was the Angel of Death waiting to take him to heaven and balls of light where his parents coming to walk with him into heaven.   They said it was a gift to have seen this and I was never afraid of what I was seeing. I was there when my sister-in-law crossed just a few months later and I saw nothing like I did when her husband crossed over.  Why was I granted the privilege of seeing this when he passed?  I guess I will never know the answer until I walk through the pearly gates myself. I do believe in angels and earthbound sprits. I’ve seen and heard things I can’t explain.  I believe that energy sometimes stays earthbound because of unfinished business. I think they feel like they need to tie up all their loose ends before they go to the light of heaven. No, I’m not crazy and I don’t have psychic abilities, but my gut tells me a lot about people - the living and the ones who are about to cross over. Rock on, people, rock on!

One of the most serious and challenging types of legal case is the case of wrongful death. When someone’s carelessness, or even worse, intentional wrongdoing, takes the life of one of our fellow human beings, it is imperative that justice be done. Most people are probably unaware that throughout most of the legal system’s history, there was no such thing as suing for wrongful death. Under what is called the “common law,” wrongful death was not a viable cause of action because the person who was dead could not sue. This lead to disturbing situations and incentives. For example, if someone ran you over (say with a horse and carriage) and seriously hurt you, they would face a substantial claim for your injuries, medical expenses, and so forth. But, if they backed up over you again and killed you, suddenly you would have no claim at all. Obviously, we didn’t want to be in a situation where it’s better financially for wrongdoers to kill us, than merely to hurt us. So, wrongful death was invented and passed into what we call “statutory” law coming from the various state legislatures, and the U.S. Congress. These wrongful death statutes laid out the kinds of damages that could be awarded to the “estate,” or representative of a person who has been wrongfully killed. They also set forth which people would be entitled to collect those damages. In some cases, they set forth the maximum amounts that could be had as damages. In West Virginia, for example, the wrongful death statute for many years capped damages at $10,000 per person killed. While it might have sounded like a substantial sum, when the law was passed, the damage cap eventually lead to clearly unjust situations. For example, when the Pittston coal slurry impoundment breached its dam and killed 125 people at Buffalo Creek, the coal company was able to claim that its damages were limited to the value of property that was destroyed, and $10,000 per innocent victim. Situations like that led to the cap on damages being removed and the amount of damages to be awarded in any given case to be left in the hands of the jury that hears the evidence. In the modern world, with major companies not only operating in heavy industry like coal but also in the area of pharmaceuticals, nursing home administration and trucking, the wrongful death cause of action is a critical piece of protection for every American. The availability of damages for a wrongful death is what checks sometimes ruthless corporate thinking about whether it is better to fix a dangerous product or to allow it to go on the market. For example, a drug that a pharmaceutical company knows will cause a hundred wrongful deaths that the company estimates can be defended or settled for $100 million, might still be a very profitable drug for the company to release if they believe its sales will bring $200 million, $300 million or $400 million in profit to the company. Juries have power, by raising the value that we place on human life, to rein in that kind of thinking, and make sure the companies do the right thing and choose protecting the lives of their fellow citizens over expanding corporate profits. Each time a jury returns a verdict in a wrongful death case, they make a statement, not only to the defendant in that particular case, but to every other company and individual that might carelessly cause a loss of human life. The message is that the law is watching and that our juries care about the lives of their fellow citizens. By making sure that no wrongful death goes unredressed, our juries and our courts of law provide protection to all Americans.

We have all seen the ads. You’re sitting there, watching afternoon or late-evening television when it comes across your screen. That generic, print-only with the back-ground typewriter sound, ad that says “Mesothelioma is a serious disease.  If you have been diagnosed with Mesothelioma and worked around asbestos, you may be entitled to compensation.”  “Call this 1-800 number.”  Sure, there are many variations on these ads, but that is always the gist of them. Fortunately for most of us, these ads are simply background filler while we wait for our programs to return. But for those who have been diagnosed with an asbestos-caused disease, either mesothelioma, lung cancer or asbestosis, these commercials often take on particular importance, and numerous victims write down that 1-800 number that flashes across their screen and call it. And often-times, doing that proves to be a critical and costly mistake that they and their loved ones come to regret. You see the people running these ads are not actually law firms, but instead glorified, out-of-state marketing firms who hope they can get asbestos victims to sign contracts and then farm their case out to some other out-of-state law firm thousands of miles away with whom these marketing firms have cut a deal to share in the proceeds of the claim with the out-of-state law firm. This process, while legal, can result in substantial problems for asbestos victims and their families that can add unnecessary stress and inconvenience to an already terrible situation and often cost these victims substantial amounts of compensation to which they and their families would otherwise receive. To ensure the best possible outcome, it is critical for an asbestos victim to have a law firm that can provide direct, specialized, local attention to a victim’s claim. There are many reasons for this, and I could spend pages discussing them, but chief amongst them is the seriousness of the disease.  Tragically, asbestos victims can often become critically ill or even die shortly after being diagnosed.  To successfully litigate an asbestos claim, it is essential that the victim give sworn testimony about his work history and the asbestos-containing products to which he was exposed.  If an asbestos victim dies before providing that testimony, because they are represented by some law firm in Texas who has no idea what the day-to-day, on-the-ground situation is with their client for instance, that critical evidence can vanish forever, along with their and their loved ones’ lawsuits. In my experience in asbestos litigation, I have seen this happen many times over the years where out-of-state firms are involved. Sometimes, asbestos victims are already hospitalized, and require their lawyer to visit with them in the hospital to obtain critical information necessary for their case. That’s not a big deal for a local firm. But for an out-of-state lawyer, if they can even be bothered to come at all, they must travel here to meet with their client, which requires substantial planning and oftentimes flying to West Virginia or at least flying close enough to drive the rest of the way. And that additional and unnecessary delay can often cost a victim their claim. Another important reason, in addition to ensuring that the evidence necessary to prove the case is handled correctly, to “buy local” is that West Virginia asbestos attorneys also provide a significant advantage in having formed relationships with the lawyers who repeatedly defend the companies involved in all asbestos claims and the Court who hears these lawsuits. In West Virginia, all asbestos claims get consolidated before the Circuit Court of Ohio County, who holds asbestos trials multiple times throughout each year. There are always more cases pending than the Court can hear at any one time, so the Court has established certain procedures and protocols to ensure that asbestos-victims have equal access to West Virginia’s legal system to litigate their rights and claims. Having a local lawyer who understands the inner workings and nuisances of this unique system also provides a significant advantage to making sure that your asbestos claim gets the due attention it deserves. It is also important to understand that, even if you signed up with some out-of-state firm for one type of asbestos-related condition, you are not stuck with that firm if you go on to develop one of the more serious asbestos-caused diseases, like malignant mesothelioma or lung cancer.  In West Virginia, people who go on to develop malignant conditions have a new claim and are free to choose any law firm they want to represent them in that new claim. The reason we are constantly bombarded in West Virginia with these generic asbestos TV commercials is because asbestos-caused diseases are very serious conditions that often result in substantial compensation for the victims and their families, deservedly so. And these big law firms spend tens, if not hundreds of thousands of dollars all over the country trying to get as many of these cases as possible, whether they have any idea about the proper way to handle them in any given county or state. And with hundreds or thousands of claims in the office, most often there simply isn’t time to give due attention to the day-to-day requirements of any one case to ensure the maximum success for that case.  That big law approach might be OK for some types of cases, a company selling half-full printer cartridges for full price for instance. But that approach can prove critically problematic, or even fatal, to asbestos claims.  So, I strongly urge all of you with any historical contact to West Virginia who end up suffering from an asbestos-related disease to strongly consider a West Virginia lawyer to handle your claim.

“e was crucified in weakness, yet he lives by God’s power.” 2 Cor. 13:4 “Yet” can be one of the most powerful words in the English language.  It’s like a giant hinge, taking something tragic and turning it sharply so we can see its inner beauty, strength and power. That’s the story of Good Friday.  The truth is that Good Friday is only “good” because we know how the story ends.  But imagine how crushing the events of that day must have been for Mary, the disciples, and all of the other onlookers.  Jesus was arrested, beaten and scourged, leaving ragged cuts and bruises.  Then he was forced to carry his own cross to the execution site.  With nails piercing his hands and feet, he hung in quiet strength as he was mocked and jeered.  His body was racked with pain.  He grew dehydrated in the hot Judean sun.  In the end, he cried out one last time and bowed his head in death. That could have been the end of the story.  Death is death.  It’s final.  It’s supposed to bring down the curtain and spell the end of our earthly lives. “Yet…” That one word changes everything. Paul reminds us in this verse that Jesus died an earthly death.  He was “crucified in weakness.”  The cross was real.  The tomb was real.  Jesus tasted death, “yet he lives by God’s power.” Christians can say wholeheartedly that Friday was “good” because of what happened Sunday--Jesus rose from the grave!  Death, you see, couldn’t contain the Son of God.  And by his resurrection, those who put their trust in him can claim the promise of eternal life:  “Christ would suffer and, as the first to rise from the dead, would bring the message of light to his own people and to the Gentiles.”  Act 26:25. I pray that you may come to know this death-defeating savior for yourself.  That’s his greatest wish and your greatest need. Have a glorious Easter!

Over the years, I’ve been told some fun facts about Easter that perhaps you don’t know and I would like to share. - Did you know that the tallest chocolate Easter egg ever made stood almost 40 feet? I sure do wish I would have been there to see that. - Giving of eggs is considered a symbol of rebirth.  Seems fitting for what we are truly celebrating. - Statistics say that Americans buy more than 700 million marshmallow Peeps during Easter.  I don’t even like marshmallows, but they are cuties. - We consume more than 16 million jelly beans during the Easter holiday.  I can’t imagine fitting all those into a jar. - The idea of the Easter bunny giving candies and eggs is said to have originated in the middle ages, but I don’t know of anyone who truly believe that an oversized rabbit hops around homes hiding baskets. That one we never even tried to pull off in our house. - And did you know that the bunny originated in Germany?  I guess that makes sense since Germany is known for its decadent chocolates. Whatever your Easter traditions are, share some of the fun facts with family and friends.  It can make for good conversation wherever you may be. Have a Happy Easter Everyone!

The Family and Medical Leave Act (“FMLA”) entitles eligible employees of covered employers to take unpaid, job protected leave for specified family and medical reasons. FMLA, a federal law, provides for the continuation of group health insurance coverage during the leave period.  Eligible employees are entitled to 12 workweeks of leave in a 12-month period for the following events: - The birth of a child and to care for the newborn child within 12 months of birth; - The adoption of a child or foster parenting of a child; - To bond with a child (leave must be taken within one year of the child’s birth or placement); - To care for the employee’s spouse, child, or parent who has a serious health condition; - For the employee’s own serious health condition that makes an employee unable to work; - Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter or parent is a covered military member on “covered active duty;” OR - Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent or next of kin. FMLA leave is not required to be taken in one block, all at once. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule basis. Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies. Upon return from leave, most employees must be restored to the same job or one that is nearly identical to it with equivalent pay, benefits, and other employment terms and conditions. FMLA also prohibits discrimination or retaliation against an employee for using or trying to use FMLA leave. Specifically, FMLA makes it unlawful to “interfere” with, “restrain” or “deny” the exercise of an any attempt to exercise, rights that are provided by FMLA. In addition, employers may not use the fat that an employee has taken FMLA leave as a negative factor in hiring decisions or promotion determinations. Not every employer is required to comply with FMLA. FMLA applies to those employers who employed 50 or more employees for at least 20 workweeks during either this year or the previous year. FMLA also applies to all public agencies (state and local governments) and to all schools, whether public or private. Public agencies and schools do not need to meet the requirement of employing at least 50 people.   FMLA also covers most federal employees, and is covered by regulations issued by the Office of Personnel Management. Not every employee is eligible for FMLA leave. Eligibility for FMLA leave is reserved for employees who have worked for an employer for at least 12 months, and they must have worked at least 1,250 hours during the 12 months immediately preceding the date FMLA leave to begin. Generally, employees must give 30 days’ notice in advance of the need for FMLA leave; however, if it is not possible to give 30 days’ notice, an employee must notify the employer as soon as possible. Although employees are not required to share a medical diagnosis, they must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. In addition to FMLA leave, most states have a similar statutory version of family leave or medical leave that provides protections and benefits for employees.

Anyone reading this blog may have signed a paper that contains an arbitration clause. Certainly if you’ve ever owned stock, you signed an agreement with your broker promising to arbitrate your case with a group called FINRA.  The arbitration takes the matter out of the court system and puts your case into the world of arbitration.  Likewise, if you’ve purchased a cell phone or many other products, if a loved one entered a nursing home recently or if you have signed an oil and gas lease, there’s a strong chance that the document you signed contains an arbitration agreement. The arbitration clauses are favored by most large corporations in this country in an effort, they say, to cut costs and to speed up disputed matters. That, in my opinion as a lawyer who’s been practicing since 1972, is not the real reason. The real reason that companies fight so hard to stick arbitration clauses in documents they want you to sign is to prevent a jury of your peers from deciding an issue. The reason is that a company, such as AT&T, a stock brokerage company or an oil and gas company, will have hundreds, if not thousands of arbitration cases each year. You will have only one. The problem may be readily apparent to you even at this juncture, but if it’s not, let me tell you that what happens in an arbitration hearing. You are provided, in most cases, with a panel of arbitrators. From the panel, you may eliminate a certain number of arbitrators based on information that is provided to you in order to ultimately come up with either one, two or three arbitrators. The problem is that these arbitrators, in many cases, make either part or all of their living by this arbitration work, and if one party has 1,000 cases and you only have one, it seems reasonable to me to assume that it’s likely that the arbitrator may be somewhat biased towards the party that’s, for the most part, providing his or her livelihood. Also, in my opinion, the arbitration system has been neither faster nor cost effective. The long and short of this, and the reason I write this blog, is because I’m presently at my desk reading the most recent appeal filed by an oil and gas company, SWN Production Company, against my clients appealing an Order of one of our local judges to the West Virginia Supreme Court of Appeals. The local judge ruled that the arbitration clause was not valid and binding. SWN Production Company filed a Petition to the Supreme Court asking them to reverse the ruling of the Circuit Court and force arbitration on my clients. It is our responsibility as the attorneys for landowners to respond to West Virginia Supreme Court petitions by drafting and filing our own brief, designating a record, and finally by appearing before the Court and arguing the case. Our Supreme Court then will rule, and there’s a good chance if the ruling goes against us, the matter will,  in all likelihood, be further appealed to the United States Supreme Court. This in an effort not to resolve the merits of the case, but to simply eliminate my client’s ability to allow a jury of their peers to hear the case that they brought against this oil and gas production company. The moral of the story, in my opinion, is to avoid at all costs, if you can, entering into agreements that have arbitration provision or clauses. You should also ask lawyers to review those contracts that you know have these clauses and to offer advice. Finally, if nothing else can be done, and if you’ve been hurt as a result of these clauses and contracts you’ve signed, contact your legislature in an effort to try to get these arbitration clauses removed.