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Legal News and Product Recalls

Pennsylvania Supreme Court clarifies “Gist of the Case Doctrine” and application of Certificate of Merit law to professional liability claims.

Feb 17, 2015
In Bruno v. Erie Insurance, the Pennsylvania Supreme Court analyzed the “gist of the case” doctrine, which limits plaintiffs from recasting breach of contract claims as tort claims.  Typically, if the tort claim is wholly dependent upon the terms of the contract, then it will fail.  In other words, if the defendant has no duty to the plaintiff except for…[...]

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In the Community

A Valuable Lesson

Feb 16, 2015
“If you are early, you’re on time. If you are on time, you’re late.  And, if you’re late, don’t bother coming.”  This is what my son told me that his Wheeling Central baseball coach told his team the other day about their being on time for their hitting/pitching clinics. These clinics are held about three minutes from my house and…[...]

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Legal News and Product Recalls

Respecting the Courtroom and a little office etiquette….

Feb 13, 2015
Have you heard about or read the article regarding the Blackford Circuit Judge in Indiana who issued an order directing an attorney, who made it a habit to appear in court without socks, to wear appropriate business attire, including socks and a tie? Good for you Judge! The Courtroom should be honored and respected ALL the time. On August 25,…[...]

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In the Community

Tort Reform

Feb 12, 2015
There is an assault upon personal responsibility and accountability occurring in our State Legislature all in the name of purportedly making West Virginia more business friendly.  I am not here to debate the merits of any particular “tort reform” proposal.  My colleagues are doing an excellent job in exposing the fallacies of the positions being espoused by the tort reformists…[...]

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In the Community

Barley gets to be Top Dog for the Weekend

Feb 11, 2015
This past weekend my husband and I went to our place in the mountains for him to ski. We always take Barley, Guinness and our grand dog, Jackson, with us, but this weekend my youngest son didn’t have to work the whole weekend, so he kept the two younger pups. Therefore, Barley was the top dog for the weekend. Barley…[...]

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In the Community

Cheers to the Leaders

Feb 10, 2015
On Saturday, February 7th ,the varsity cheerleaders of Wheeling Park High School won 1st place in the 5A division of the OVAC cheerleading competition. This is the 18th win for Park in this competition.  The win was especially significant to this squad as they also won the coveted WV State Championship title in the AAA division back on December 13, 2014…[...]

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Know the Law

Hope Against Forced Arbitration: CFPB Study Due Out Soon

Feb 9, 2015
As we noted last year, the Consumer Financial Protection Bureau ("CFPB") has been given Congressional authority to trash mandatory arbitration clauses in consumer contracts for financial products and services, such as automobile loans, credit cards and checking accounts.  The Act explicitly empowers the CFPB to adopt regulations that "prohibit or impose conditions or limitations" on the use of arbitration agreements…[...]

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In the Community

FLATTENED IN THE PARKING LOT

Feb 6, 2015
I went to the Kroger over the weekend and since there were no empty spaces close, I had to park nearly at the end of one aisle. I parked and started walking back toward the store, being careful to stay over to the side of the lane to let cars pass while simultaneously watching for cars with drivers in them…[...]

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In the Community

Diabetes: A Blessing or a Curse

Feb 5, 2015
I would like to think in my case it surely was a blessing! When you are first diagnosed with diabetes, you totally think it is the “beginning of the end.” You are overwhelmed, i.e., I have to give myself shots every day, test my blood sugar, watch what I eat, see my doctor every three months or sooner . .…[...]

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Legal News and Product Recalls

When It Comes to Asbestos-Related Diseases, the Failure to Timely Act Can Turn Heartache Into Tragedy

Feb 4, 2015
For many working class families with loved ones who served in the Navy, worked in the heating, construction, chemical, coal and other similar trade industries, or simply lived in an older home, the day will unfortunately come when they receive news that a family member has contracted an asbestos-caused disease. Asbestos is a set of six, naturally-occurring silicate minerals that…[...]

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