West Virginia Business Litigation

This blawg covers developments in business and commercial litigation in West Virginia.

Author: Jeffrey V. Mehalic is a solo in Charleston, W.V. who specializes in litigation regarding employee benefit plans and their sponsors, fiduciaries, service providers and insurers.

Blawg Related Categories: Antitrust Law • Intellectual Property Law • Trials & Litigation • Attorney Fees • Evidence • Verdicts & Settlements • States • West Virginia • Solo / Small Firm • Business Law

Recent Posts from West Virginia Business Litigation

USDC Decision Relies on WV's Rejection of Learned Intermediary Doctrine
A couple of years ago, I discussed State ex rel. Johnson & Johnson Corp. v. Karl, in which the Supreme Court of Appeals of West Virginia declined to adopt the learned intermediary doctrine. In case you've forgotten,…
Amendments to Federal Rules of Civil Procedure Take Effect Next Month
Regardless of your area of specialty, if you practice in federal court, you will be affected by amendments to the Federal Rules of Civil Procedure that take effect on December 1, 2009. Of particular importance…
Satisfied W&C Client Tells Firm to Sue for Unpaid Fees
The conventional wisdom, according to many risk managers and lawyers, is that suing a client for unpaid fees is almost always a bad idea, usually because the client will respond with a legal malpractice claim,…
Wal-Mart's "Dead Peasant" Insurance Policies Are Focus of Proposed Class Action
Last month I wrote about litigation initiated by Wal-Mart against several insurance companies regarding “dead peasant,” or corporate-owned, life insurance policies purchased by Wal-Mart on 350,000 of its employees. But a story in Tuesday’s Insurance…
WV Supreme Court Holds Agency Relationship Can Be Inferred from Parties' Conduct
When I first looked at the Supreme Court of Appeals of West Virginia's decision in Timberline Four Seasons Resort Management Co. v. Herlan, 679 S.E.2d 329 (W. Va. 2009), which was issued at the end of the January…
Pittsburgh Post-Gazette Responds to Mylan Suit
Last month, I wrote about Mylan's lawsuit against the Pittsburgh Post-Gazette and two of its reporters for misappropriation of trade secrets, conversion, and other claims, based on articles that have not been favorable to Mylan.…
"Dead Peasant" Insurance Policies Are Source of Increasing Litigation
Although I had heard of “dead peasant” or "janitor" insurance policies or, as they known more euphemistically, corporate-owned life insurance (COLI) policies, Arianna Huffington’s reference to them in her review of Michael Moore’s new film,…
Recap of WV Supreme Court Argument in Caperton v. A. T. Massey Coal Company
I intended to write earlier about Tuesday’s argument before the Supreme Court of Appeals of West Virginia in Caperton v. A. T. Massey Coal Co., which I watched on the Court's webcast, but better late…
WV Supreme Court Orders Massey Bond of $55 Million, But Denies Motion to Affirm Judgment
In advance of tomorrow's argument in Caperton v. A. T. Massey Coal Co., the Supreme Court of Appeals of West Virginia has granted the Caperton corporations' motion require Massey to post an appeal bond, but has denied…
Bank Sues UM Football Coach for Default on Real Estate Loan
It’s not as if former West Virginia University and current University of Michigan head football coach Rich Rodriguez doesn’t have enough to worry about, what with his team’s 3-9 record last year and the pressure…