Litigation

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Steptoe & Johnson PLLC: W. Va. Residential Homeowner Can Recover Costs of Repairs Even If Greater Than Fair Market Value of House
Posted on 18 Nov 2014 by Steptoe & Johnson PLLC

By Eric J. Hulett, Member Until recently, owners of damaged homes in West Virginia had some limits on the amount of damages they could recover in a lawsuit. Now, the West Virginia Supreme Court of Appeals has significantly revised prior case law and... Read More

Tags: West Virginia , Steptoe & Johnson , property damage , Jarrett v. E. L. Harper & Sons , Brooks et al v. City of Huntington , Litigation , City of Huntington , West Virginia Supreme Court of Appeals

West Virginia High Court Vacates $4.47M Judgment; FDA Warning Letters Not Matter Of Law
Posted on 19 Nov 2010 by Tom Moylan

CHARLESTON, W.Va. -- (Mealey's) The West Virginia Supreme Court of Appeals on Nov. 18 reversed a $4,475,000 consumer law judgment against Johnson & Johnson concerning the marketing of Risperdal and Duragesic after agreeing with the defendant that... Read More

Tags: Risperdal , State of West Virginia v. Johnson & Johnson , Food and Drug Administration , personal injury , Judgment , product liability , Darrell V. McGraw Jr. , fentanyl , DHCP , FDA , Consumer Credit and Protection Act , Litigation , skin patch , lawsuit , torts , Janssen Pharmaceutical Products , diabetes , Duragesic , Dear Health Care Professional , Johnson & Johnson , hyperglycemia , antipsychotic drug , West Virginia Supreme Court of Appeals

Ballard Spahr LLP: Arbitration Enforcement Trend Continues At Supreme Court
Posted on 24 Feb 2012 by Ballard Spahr LLP

By the Consumer Financial Services Group For the fourth time in less than a year, the U.S. Supreme Court has championed the "emphatic federal policy in favor of arbitral dispute resolution" and vacated a state appellate court's decision... Read More

Tags: FAA , Inc. v. Brown , arbitration agreements , personal injury , wrongful death , Federal Arbitration Act , Litigation , arbitral dispute resolution , Nursing Homes , Marmet Health Care Center , U.S. Supreme Court , West Virginia Supreme Court of Appeals

W.Va. High Court: State Consumer Law Doesn’t Apply To Drug Cases
Posted on 20 Dec 2010 by Tom Moylan

CHARLESTON, W.Va. - (Mealey's) The West Virginia Supreme Court of Appeals on Dec. 17 ruled that plaintiffs must show reliance and ascertainable loss in state consumer fraud cases and said the state law does not apply to prescription drugs ( Shirley... Read More

Tags: Shirley White v. Wyeth , Wyeth , Ketchum , consumer law , personal injury , West Virginia Consumer Credit and Protection Act , class action , hormone replacement drugs , WVCCPA , Litigation , torts , drug cases , West Virginia Supreme Court of Appeals

W.Va. High Court Reduces Punitive Award In Contamination Suit By $98 Million
Posted on 29 Mar 2010 by LexisNexis Litigation Resource Community Staff

CHARLESTON, W. Va. — (Mealey’s) The West Virginia Supreme Court of Appeals on March 26 slashed a $196 million punitive damages award against DuPont and held that a jury must decide whether the class action suit, alleging contamination from... Read More

Tags: punitive damages , statute of limitations , DuPont , zinc smelter , class action , Lenora Perrine v. E.I. DuPont De Nemours and Company , Litigation , lawsuit , Lenora Perrine , contamination , West Virginia Supreme Court of Appeals