West Virginia Business Litigation Blog

West Virginia Business Litigation Blog

Developments in Business & Commercial Litigation

Category Archives: Litigation

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Affected Customers File Class Action Against Telecommunications Provider

Posted in Litigation
    Last week, FiberNet, LLC, a telecommunications provider with customers in West Virginia, Pennsylvania, and Maryland, experienced a disruption in its service to approximately 14,000 of its 24,000 West Virginia customers. The disruption left the customers, which included emergency call centers, law enforcement agencies, hospitals, businesses, and residences, Continue Reading

Don Blankenship Testifies in Massey Trial

Posted in Litigation
    I have been remiss in mentioning a trial which began on May 31 between Wheeling Pittsburgh Steel Company and Massey Energy and its subsidiary, Central West Virginia Energy Company, before the Circuit Court of Brooke County (Wellsburg), West Virginia.     Wheeling Pitt filed suit against Massey and Central in Continue Reading

DOJ Sues to Reverse Newspapers Merger

Posted in Antitrust, Corporations, Litigation, Public Policy
    In 2004, the Daily Gazette Company, publisher of the Charleston Gazette (the morning newspaper), purchased the Daily Mail  (the afternoon newspaper), from MediaNews Group, Inc.  Yesterday, the United States Department of Justice filed an antitrust lawsuit against the Daily Gazette Company and MediaNews Group, Inc., seeking to overturn the Continue Reading

EPA Sues Massey Again

Posted in Litigation
    The Environmental Protection Agency filed suit against Massey Energy Company on May 10 in United States District Court in Charleston, West Virginia for violations of the federal Clean Water Act that could cost Massey as much as $2 billion in fines, according to an article in the Charleston Gazette.  Continue Reading

WV Supreme Court Changes Requirements for Recovering Against an Excess Verdict

Posted in Appellate Decisions, Insurance, Litigation
    In Shamblin v. Nationwide Mutual Insurance Company, 396 S.E.2d 766 (W.Va. 1990), the Supreme Court of Appeals created a "hybrid negligence-strict liability" standard of proof to be used in actions by insureds against their insurers for failure to settle third-party liability claims against them within the insureds’ policy limits.  Continue Reading