News - Category Archives: Litigation

Understanding a Will Contest in WV

A will is an estate planning document that acts to ensure a person’s wishes are followed and that desired property transfers are carried out after the person dies. In West Virginia (WV), there are many important factors to consider when ensuring the proper documentation is in place and validly executed. First and foremost, to prevent a will contest in WV, careful estate planning is key to ensure that the will is valid.  If estate planning documents …

Come Out and Play: WV Recreational Land Use Law Limits Landowner Liability

West Virginia (WV) is home to beautiful and wondrous open spaces, where people from all over come to enjoy the state’s parks, rivers, streams, and mountains. Vast open space is dwindling. The West Virginia Legislature, in recognizing that it must protect the state’s natural resources, passed a statute amending the WV recreational land use law to protect landowners who open their land for recreational use to the public, as well as to military training. The Basics …

Jeffrey Hall selected as top lawyer for mass torts, class actions

Hendrickson & Long PLLC attorney Jeffry Hall recently was selected as 2016 “Lawyer of the Year” for Mass Tort Litigation / Class Actions – Defendants in the Charleston area. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer-review assessments. Receiving this designation reflects the high …

Maintaining and Following Strict Safety Guidelines Will Help Successfully Defend Deliberate Intent Actions

Employers in West Virginia enjoy statutory immunity from common law civil actions for workplace injuries. Notwithstanding the protection offer by the workers’ compensation statute in West Virginia, the legislature has created a cause of action that allows for the imposition of additional civil remedies under the “deliberate intent” statute. Defense of deliberate intent actions starts well before the employer is served with a lawsuit. The employer must begin periodic review and constant enforcement of safety …

Tort Reform in West Virginia Leads to New Standards for Allocation of Fault

In an historic move that will have long-lasting repercussions for both the legal and business communities of West Virginia, Governor Earl Ray Tomblin signed House Bill 2002 into law changing the standard for the computation of allocation of fault. While only one of a few tort reform changes made by the now Republican-controlled West Virginia legislature, HB 2002 is by far the most significant. West Virginia, which once followed the joint and several liability standard, …