This week the Supreme Court will hear arguments on Tuesday, October 15 and Wednesday, October 16. On Tuesday we are keeping an eye on State ex rel. Maxxim Shared Services v. Swope , a case involving the elements necessary to...
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Can an employee be discharged where he is attacked in the workplace and reasonably defends himself? Does it matter whether the attacker is armed or unarmed?
The Supreme Court will hear arguments on Tuesday, October 1st and Wednesday, October 2nd. We are following Cabell County Comm’n v. Whitt, an immunity case to be argued on the 1st, and Kruse v. Farid, a medical malpractice case to...
In a case to be argued on October 16th, the Supreme Court will be asked if the West Virginia Legislative Claims Commission is bound by the Rules of Evidence and if its findings are subject to review.
West Virginia law protects employees who are discharged in violation of a substantial public policy. Is there a substantial public policy expressed in W.Va. Code 61-3-24 that would protect an employee who is discharged after reporting a suspected workplace theft to law enforcement authorities?
The Supreme Court does not have any oral arguments scheduled this week, but will be working on cases that were argued earlier this month. Keep watching for opinions!
West Virginia recognizes a legal claim where a bystander witnesses serious injury or death to someone who is "closely related." Is this broad enough to cover an underground coal miner who witnesses a fellow miner's death in a mine explosion?
What happens when a patient voluntarily departs a hospital or treatment facility against medical advice? Is the physician/patient relationship terminated? Does the physician owe any further duty?
Was a county supervisor who discharged the county's IT director entitled to statutory and/or qualified immunity?
The Supreme Court has had three argument days so far this month and is scheduled to hear arguments again on September 24th and 25th.