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FORECLOSURE DEFENSES: APPLYING LEGAL STRATEGIES TO SAVE YOUR HOME

Understanding foreclosure defenses could save your home. With the current state of the economy, many homeowners in West Virginia (WV) are facing financial hardships, including the possibility that banks will foreclose on their homes. However, evidence shows that the real estate industry has embraced a plethora of fraudulent practices, exacerbating financial constraint on homeowners. For this reason, courts are acknowledging and becoming more sympathetic to borrowers who raise foreclosure defenses in hopes of saving their …

WV Volkswagen Emissions Attorneys Take Action Over Fraud

WV Volkswagen Emissions Attorneys File Cases for Emissions Tests Fraud due to Use of Defeat Devices For years, car owners, including those in West Virginia (WV), have put their trust in the “clean diesel” technology of Volkswagen. Car owners believed Volkswagen’s pitch that its passenger cars were able to harness the fuel efficiency and power of diesel while keeping emissions low, well within or below legal limits. But in 2015, a group of scientists at West Virginia …

WV Car Seat Laws: Protecting the Safety of Your Child

Know about WV car seat laws and keep your children safe. Child passenger safety is a growing concern among parents and highway safety agencies, and West Virginia (WV) is no exception. Every year, it seems that booster seats, baby seats, and seat belts are recalled due to product safety concerns. To keep our kids safe, WV car seat laws are strictly implemented. You can help by knowing applicable laws and by holding the car seat …

The Ownership in Place Rule

Commercial development of oil in the United States began in 1859 with the first producing well drilled by Colonel E.L. Drake in Titusville, Pennsylvania. At the time, there was a well-developed body of law that, both from state legislatures and case law, governed property rights to minerals and coal found on a property. These rules were fairly simple to develop because ownership of coal and similar hard-rock mineral deposits formed strata beneath the surface of …

Subsurface Mineral Rights

West Virginia grants expansive implied property rights to owners of subsurface mineral estates. Such rights can be expansive. In West Virginia and other states with rich mineral resources, it is common for a property’s surface rights to be split from the subsurface mineral rights and held separately. When a separate owner holds mineral rights, its legal rights are extensive. The Whiteman Case In the 2013 West Virginia case of Whiteman v. Chesapeake, the Fourth Circuit …

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 …

H&L Walks to End Alzheimer’s

Hendrickson & Long sponsored “Team Mary Lou” in the Walk to End Alzheimer’s on Saturday, October 24, 2015 at the Appalachian Power Park.  Many members of the firm joined friends and family to Walk to End Alzheimer’s. Currently, over 5 million Americans are living with Alzheimer’s disease, and before she lost her battle, our dear sweet Mary Lou Adkins was one of them. Mary Lou  was vibrant, full of life and had a great personality. …

VW Emission Test Fraud

For years Volkswagen has advertised its “clean diesel” passenger cars as being able to harness the fuel efficiency and power of diesel, while also keeping emissions low and well within or below legal limits. In the U.S. alone, approximately 482,000 VW vehicles have been equipped with software called a “defeat device,” which was designed to cheat EPA-required emissions tests by giving off significantly less pollutants during tests than during normal driving conditions. Volkswagen’s Clean Diesel …

Asbestos Litigation Defense in West Virginia

West Virginia is one of the highest ranked states in the United States for asbestos-related litigation.  Asbestos is no longer used as a construction or insulation material; however, because of the serious health-related issues associated with the toxic substance, asbestos cases are and will continue to be an issue for companies.  Construction companies, auto manufacturing sites, industrial facilities, private businesses, public buildings, and housing developments face and will continue to tackle asbestos litigation from employees, …

New Federal and West Virginia State Labor and Employment Laws in 2015

It’s important for employers, labor unions, and employees alike to be aware of the changing labor and employment laws.  Each year federal and state legislature passes new laws for the coming year.  If you have a question about a new labor or employment law or are being charged for violating a law, the experienced labor and employment defense attorneys of Hendrickson & Long, PLLC can help explain the law and defend against any charges.  Federal …