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Repercussions of a Claim of Infidelity in a West Virginia Divorce Proceeding Regarding Child Custody and Alimony

Most states have adopted no-fault divorce laws, which only requires that the parties simply allege irreconcilable differences as the reasons for the divorce without having to present proof. These laws abrogated long-standing laws where a party had to allege specific grounds for divorce such as are found under W.Va § 48-5-201 through 209:  Abandonment […]

Federal Fair Debt Collection Practices Act

Have you ever received annoying and persistent calls from credit collection agencies about certain debts that you may or may not owe or that you are trying to pay off? You do have rights when it comes to how these creditors and collection agencies operate. The Fair Debt Collection Practices Act (FDCPA), found under 15 […]

Car Wrecks: The 9 Steps Of Treating & Proving Your Soft Tissue Injury

One of the most challenging aspects of any car wreck, truck wreck, or motor vehicle accident is proving damages. Quite often, car wrecks do not result in broken bones, stitches, or deep lacerations, but the injuries sustained can and are real. The violent jolt and change in velocity (crash) that your body is subjected too […]

What is the Magnuson-Moss Warranty Act of 1975 and Why it is Powerful for Consumers

Consumers are often victims of fraud or misrepresentation in the quality of consumer (personal, family or household) goods and in how they are intended to perform. To protect consumers, federal legislators passed the Magnuson-Moss Warranty Act (Act) in 1975. Warranties are promises by sellers that the material or workmanship is defect free or meets a […]

What is a Certificate of Merit and Why Must You Have One for Medical Malpractice Claims?

Before you can file a medical malpractice or negligence case against a medical provider or a medical facility, West Virginia law requires that you first file a certificate of merit. This is essentially an affidavit from a licensed physician who is an expert in the field of medicine for which the lawsuit is based attesting […]

The Duty To Mitigate Damages in Employment Cases–What Does It Mean?

In many civil cases, plaintiffs or claimants are required to mitigate or minimize their damages by undertaking reasonable efforts to do so. In employment cases, W.Va. Code §55-7E-1 through 3 (enacted in 2015) requires you in any employment action taken against a current or former employer to mitigate your wage losses regardless if your action […]

Coal Miners Discrimination / Retaliation Claims Under W.Va. Code 22A-1-22 et seq: Miners Reporting Safety Concerns

Mining is a hazardous occupation. Although companies in our state have instituted safety programs and gone beyond the extreme dangers and risks that once plagued the industry, there continue to be abuses. Safety is or should be the number one priority in the mining industry. Explosions, toxic fumes, methane and coal dust explosions, collisions, fires, […]

Whistleblower Claims Under W.Va. Code 6C-1-1 et seq.

Whistleblowers are employees who bring to the attention of their employer or to the proper authorities allegations of fraud, abuse, other illegal conduct or waste on the part of an employer. West Virginia law offers protection to public employees from retaliation by their employer pursuant to WVa Code 6C-1-1 Et. Seq. Retaliatory measures against whistleblowers […]

Child Support is NOT Negotiable

If you ever bought a used car or a home, then you know that you can negotiate a price. But when it comes to child support, you have to follow the state’s guidelines. In other words, child support is not a negotiable item unless you mutually agree to an amount that the court will approve. […]

The Importance of Having a Last Will and Testament

Most people have heard that they should have a Will drawn up once they have children, are planning on a trip abroad or facing a serious surgical procedure. But any adult should have one since putting it off can be too late. Accidents or unforeseen events happen everyday and believe it or not, you are […]