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June 2016 Archives

West Virginia Legislature Restores Open And Obvious Doctrine

West Virginia courts have long utilized the same rule related to "open and obvious" hazards in cases involving premises liability. In fact, it was followed for over a century. The rule regarding "open and obvious" hazards states that a property owner is not legally responsible for injuries when an individual visiting the property encounters an open,

Automobile Insurance: Uninsured and Underinsured Coverage

West Virginia's financial responsibility statute is designed to set minimum compulsory coverages to which all insurance policies issued on motor vehicles are subject. State Farm Mut. Auto. Ins. Co. v. Universal Underwriters Ins. Co., 181 W. Va. 609, 383 S.E.2d 791 (1989). In West Virginia, "Proof of financial responsibility" means proof of ability to respond in 

Automobile Insurance: Uninsured and Underinsured Coverage

West Virginia's financial responsibility statute is designed to set minimum compulsory coverages to which all insurance policies issued on motor vehicles are subject. State Farm Mut. Auto. Ins. Co. v. Universal Underwriters Ins. Co., 181 W. Va. 609, 383 S.E.2d 791 (1989). In West Virginia, "Proof of financial responsibility" means proof of ability to respond in 

About the West Virginia Parental Leave Act

In addition to the federal Family Medical Leave Act (FMLA), West Virginians that work for state and county governments may additionally take advantage of the West Virginia's Parental Leave Act (the "Act"), which provides that all state and county employees may take up to 12 weeks of unpaid leave during any 12-month period. Because this 

Employee Drug Testing In West Virginia

There are few federal limitations on employers testing employees for drugs. Although the federal government requires testing by employers in safety-conscious industries like aviation, transportation, and for NASA and DOD contractors, federal law neither requires nor prohibits employee drug testing. In West Virginia, state and local laws primarily determine the legality of an employer testing 

Is it Illegal for Someone Not to Hire me Because I'm Unemployed?

It's always easier to get a job when you already have one. Even when the economy is in the dumps, employers view the unemployed as damaged goods. At best, you'll have to explain any gaps in your resume. At worst, you won't get an interview at all. But what about when you run across an