Archive by Author
Cap challenge concerns medical group leader
The West Virginia Record
By Jessica M. Karmasek
September 7, 2010
CHARLESTON — The executive director of the West Virginia State Medical Association says he is concerned about the implications of a case, set to be heard by the state Supreme Court early next year, challenging the state’s medical malpractice reforms.
An Eastern Panhandle couple is challenging the Legislature’s [...]
Lawsuit risks can spark more testing
The Charleston Daily Mail
By Manoj Jain
September 7, 2010
SOME months ago, the receptionist in my clinic handed me a registered letter. The name of the sender seemed familiar.
“Dear Sir,” the letter read. “Please be advised that this letter serves as official notice that I am considering a potential claim against you in a medical Malpractice claim [...]
W.Va. legislators preserve problems
The Charleston Daily Mail
September 7, 2010
THE West Virginia Chamber of Commerce’s annual Business Summit at The Greebrier served as a prelude to Labor Day, which was appropriate. Without businesses, there are no workers.
The summit brings together a who’s who of West Virginia’s private sector, and it served to expose what the state’s political class could [...]
Tobacco Suit Trial Will Be Held in March
The Wheeling News-Register
By J.W. Johnson, Jr.
September 3, 2010
WHEELING – The trial for personal injury tobacco cases will be moved to Ohio County and tentatively begin in March, Ohio County Circuit Court Judge Arthur Recht told lawyers on both sides Thursday.
The trial will be the second part of the tobacco litigation, the first of which, a [...]
Lincoln case was being shopped, WV CALA says
The West Virginia Record
By Chris Dickerson
September 2, 2010
CHARLESTON — A case filed by Lincoln County school board member against a Lincoln County newspaper publisher has drawn the attention of some in the legal community.
Mostly because of where it was filed: Wyoming County.
Carol Ann Smith, who is a former president of the Lincoln County school board, [...]
Bayer CEO urges tax, judicial changes
The Charleston Gazette
By Eric Eyre
September 1, 2010
WHITE SULPHUR SPRINGS — West Virginia must overhaul its business tax structure and reform its judicial system to spur economic development and attract investment, Bayer Corp. CEO Greg Babe told state business leaders Wednesday.
Babe, who oversees Bayer’s North American operations, said West Virginia’s tax on inventory and equipment penalizes [...]
Bad legal climate – not bad geography – holds our state back
The West Virginia Record
By Richie Heath
September 1, 2010
CHARLESTON — It’s no surprise that the newest leader of West Virginia’s personal injury bar, Michael J. Romano, thinks our state’s legal climate is fine as is.
The fact that personal injury lawyers like lawsuits is not breaking news. However, it was quite interesting to read Mr. Romano’s recent [...]
School system removing swings
The Herald-Dispatch
By Bryan Chambers
August 30, 2010
HUNTINGTON — Swing sets on elementary school playgrounds in Cabell County will soon become a thing of the past.
Cabell County Schools officials have decided to remove the traditional playground toys because of increasing safety standards and exposure to insurance claims and lawsuits stemming from swing set injuries.
The removal process began [...]
Suit challenges cap on pain and suffering
Charleston Daily Mail
By Ry Rivard
August 31, 2010
CHARLESTON, W.Va. — The state Supreme Court will hear a case challenging a key portion of the state’s painstakingly crafted medical malpractice reforms.
An Eastern Panhandle couple is challenging the Legislature’s $500,000 cap on damages for pain and suffering in malpractice suits.
The Legislature set the cap in 2003 to deal [...]
Some wonder why McGraw won’t release subpoena contents
The West Virginia Record
By Jessica M. Karmasek
August 30, 2010
CHARLESTON — There are those in the legal community who are questioning the refusal by West Virginia Attorney General Darrell McGraw’s office to release the contents of federal subpoenas recently received by two of Gov. Joe Manchin’s cabinet agencies.
Dave Barnette, an attorney at Jackson Kelly, is one [...]

