As an attorney, I often talk to potential clients on the phone regarding a variety of issues. Regardless of what their issue may be, they can do a number of things in preparation for a successful first phone call with a lawyer. The following are just some of the things a person can do when calling a […]

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The question of what a speed limit is in a construction zone can be confusing. There is some conflict as to what the speed limit is an active work zone versus a work zone. A party going over the posted speed limit may attempt to argue that unless the work zone is active, the speed […]

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The word bullying is a word that we frequently hear and read about in the news. It certainly was present when I was growing up. I remember when I was a 10-year-old, there was a 12-year-old boy who was not particularly well liked by the older kids and who was picked on fairly frequently. As […]

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If you have been injured on someone’s unsafe property, you may have a claim to recover damages. The body of law that governs such claims in West Virginia is known as premises liability law and governs the legal responsibilities of property owners and occupiers to prevent injuries to persons on another’s property. West Virginia premises […]

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If you are planning to travel, be aware that your decision to purchase travel insurance may be more significant than you think. Specifically, recent news reports have brought to light two class action lawsuits that were recently filed against Delta and JetBlue with regard to the travel insurance purchased by their customers. The allegations within […]

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I am always surprised at the number of people I talk to who have been involved in an automobile accident and have no idea about the various coverages that might be available to them under the terms of their own auto insurance policies. In the coming weeks, I’m going to go through a number of […]

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Over the summer, the Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics announced a proposed “Significant New Use Rule” (SNUR) for asbestos, an undisputed carcinogen. SNURs are a mechanism within the Toxic Substances Control Act (TSCA) that require the EPA to specifically approve a chemical when it is used in a significantly new […]

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My case is set for mediation – what does that mean? In today’s day and age, it has become the norm for judges to require parties to a lawsuit to engage in mediation. However, many people do not understand the process of mediation and/or what the so called “mediation” will require of themselves. To put […]

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The Ohio Supreme Court has finally answered a long percolating issue related to oil and gas lease practices. In Dundics, et al. vs. Eric Petroleum Corp., the Court found that individuals holding oil and gas leases on behalf of oil and gas companies must be licensed real estate brokers. In this case, Thomas Dundics filed suit against Eric Petroleum claiming […]

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In a long string of cases, the West Virginia Supreme Court has consistently enforced arbitration agreements in the face of legal challenges. The Court continued this trend in Hampton Coal, LLC v. Varney. Unfortunately, the Court in Varney refused to provide protection against forced arbitration in two important areas—in employment cases generally and in cases involving statutory claims. The plaintiff, […]

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