News - Monthly Archives: October 2017

Awareness of common medical errors in WV can protect you and your loved ones. Generally speaking, health care professionals are among the most trusted and caring people in the world, including in West Virginia (WV). However, medical errors can and do occur. While life-threatening mistakes are rare, there are some common medical errors that can harm your health. Thus, it is important for you to protect your rights by becoming familiar with common medical errors …

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 development of hydraulic fracturing, or fracking, technology, which is the extraction process for natural gas under shale formations, has allowed the oil and gas industry to experience exponential growth. And refracking takes that growth one step further. What is refracking, and how does it impact the energy industry and individuals? Keep reading to find out. What Is Refracking? Well refracking, also known as Fracking 2.0, is the process in which those who initially dug …

In West Virginia (WV) and nationwide, a property that contains minerals will often have two owners—one that owns the above-ground property or surface rights—and one that owns the below-the-surface property, or mineral rights. Often, these property rights conflict. The mineral owner may want to do work on the surface of the property that is necessary to extract minerals from the ground; at the same time, the surface owner may not want the mineral owner to do …

Natural Gas Contract Law Often, natural gas companies involved in drilling in the Marcellus Shale in West Virginia lease mineral rights from landowners and sign contracts to provide natural gas to third parties. Natural gas drilling can be profitable depending on the price the precious material brings on the market. But sometimes, drilling companies may be contractually obligated to continue drilling and supplying natural gas even when the price is depressed. In those cases, natural gas …

Age discrimination in West Virginia (WV) is not something many people talk about. However, it is a real issue for real people. Nobody should be singled out because of age, especially when it comes to employment or other factors that can influence a person’s future. While age discrimination may make a person feel bad, it goes much deeper than that. It is against the law. As a result, employers must take action to prevent and address …

The Basics of Wrongful Termination in WV In West Virginia (WV), the law classifies employees as “at-will” status. This means that employees can essentially be fired at any time for any reason or even for no reason at all. With the existence of such laws, it may seem impossible for employees to file a claim against their employers for wrongful termination in WV. However, there are certain situations that fall into the category of wrongful …

Find out how the WV comparative fault law affects your car accident case. One of the first considerations taken into account when a personal injury attorney is evaluating a car accident case for a potential claim is fault. In West Virginia (WV), this step is very crucial, as the state adopted a modified comparative fault standard in 2015. In some WV comparative fault cases, there is clear evidence as to which driver caused the crash. …

In the event of a WV medical mistake, take legal action to protect your right as a patient! Medical malpractice has been rampant in the U.S., including in West Virginia (WV). In fact, a recent study suggests that a number of deaths in the U.S. are attributable to errors in the delivery of medical care. Needless to say, nobody wants to be on the receiving end of a medical mistake. Mishaps such as these can …

If you’re considering any reductions in force or making changes to your employee performance evaluation protocols, it’s important to analyze the effect any such changes may have on your older employees. Any changes in employment that have a “disparate impact” on employees 40 years or older put you at risk for violating the Age Discrimination in Employment Act of 1967 (ADEA). West Virginia (WV)-based employers with questions about the application of the Age Discrimination in …