News - Category Archives: Legal Info

Hendrickson & Long pledges $25K to WVU Law School scholarship fund

More West Virginia University College of Law students will benefit from scholarship funding thanks to the generosity of two Charleston, W.Va., attorneys. Lawyers David Hendrickson and Scott Long have pledged $25,000 to the College of Law Class of 1982 and 1983 Scholarship. Hendrickson is a 1982 graduate; Long earned his degree in 1983. They are partners in the law firm of Hendrickson and Long PLLC. Both made the gift in hopes of inspiring more giving …

Trespassing Laws of West Virginia

Trespassing is considered a serious offense in the state of West Virginia. The laws surrounding trespassing are designed to protect personal property from theft or damage. Likewise, trespassing can lead to harassment or other issue that could impact personal safety. The consequences for breaking these laws can result in fines and periods of incarceration. While the laws are certainly effective, they can sometimes be confusing. It is important that people understand what is considered trespassing …

Come Out and Play: West Virginia Statute Limits Landowner Liability for Injuries on Land Used for Recreational Purposes

West Virginia 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 its natural resources, passed a statute protecting landowners who open their land for recreation use to the public as well as to military training. Landowner Protections West Virginia Code, chapter 19, article 25 is entitled …

When a Will is Contested in West Virginia

A will is an estate planning document which acts to properly ensure the wishes of the party executing the will are followed and that desired transfers are carried out regarding their property in the event of their death. However, there are other important factors to consider when ensuring the proper documentation is in place and validly executed. First and foremost, careful estate planning is the key to ensuring the validity of a will in the …

Car Accidents: Who is at Fault?

One of the first considerations taken into account when an attorney is evaluating a car accident case for a potential claim is determining which driver was at fault for the accident. In some cases, there is clear evidence as to which driver was at fault in causing the crash. One popular example is an accident where one car rear ended another. These circumstances generally present a strong case that the driver who collided with the …

Delaware Personal Injury Case Could Affect West Virginia Litigation

According to a recently published legal news article, North River Insurance Company (“North River”) made an argument before the Delaware Supreme Court, claiming that the lower court erred in its decision not to enjoin Mine Safety Appliances Company (“Mine Safety”) from participating in litigation involving insurance coverage in the state of West Virginia, and from filing coverage claims in addition to those already pending in Pennsylvania and Delaware. Insurance Company Argument North River argued that …

Landlord-Tenant Law in West Virginia

The area of landlord and tenant law is potentially complicated, and even confusing, depending on the facts and circumstances of the case at hand. Many times, even if the relevant legal issues in a case are straightforward, the opposing parties’ relationship deteriorated to such a degree that makes it difficult to negotiate or communicate about the matters at hand. Not only can an experienced attorney in landlord-tenant law represent his or her client’s best interest …

Court Decision Marks Important Change in Employment Law in West Virginia

The area of employment law is vast, and is often complicated and drawn out. As a result, lawyers who regularly practice in this field of law try to take advantage of every available nuance and piece of legal information at their disposal in order to benefit their clients, and make litigating an employment claim a smoother process for everyone involved. Previously, some attorneys tried to achieve this by counseling their clients to include an arbitration …

Common Defenses to Foreclosure

With the current state of the economy, many homeowners are facing financial hardships, including the possibility that banks will foreclose on their homes. For those wishing to dispute the foreclosure and stay in their homes, consider hiring an attorney experienced in foreclosure defense. While the best strategy will vary on a case-by-case basis, some foreclosure defenses are used more frequently than others. The following are some common defenses raised in a foreclosure proceeding: Lack of …

NLRB Decision Could have Far-Reaching Effect on Franchises

A recent decision made by the National Labor Relations Board (NLRB) regarding McDonald’s, USA, LLC could have effects on franchises of all companies across the country. NLRB Investigation According to the NLRB’s website, their Office of the General Counsel investigated charges brought against McDonald’s franchisees and the franchisor, McDonald’s, USA, LLC, for violating rights of employees in light of events that occurred surrounding employee protests. While the Office of the General Counsel found some of …