A spate of recent decisions from the Supreme Court of Appeals of West Virginia illustrates that while putative class action plaintiffs must strictly comply with the requirements for class certification and courts’...more
The United States Court of Appeals for the Fourth Circuit recently interpreted the “loss of chance” provision of West Virginia’s Medical Professional Liability Act (the MPLA). In Graham v. Dhar, the Court ruled that a...more
5/13/2022
/ Appeals ,
Hospitals ,
Insurance Litigation ,
Medical Malpractice ,
Patients ,
Professional Liability ,
Remand ,
Standard of Care ,
Substantial Factor Test ,
Summary Judgment ,
Vacated
The Supreme Court of Appeals of West Virginia recently decided a class certification matter that suggests trial courts must undertake a closer examination of the requirements for certifying class actions in West Virginia...more
In the wake of government shutdowns necessitated by the COVID-19 pandemic, insureds filed business-interruption and other claims with their commercial-liability insurers. As insurers denied those claims, insureds filed suit,...more
Plaintiffs seeking class action treatment in West Virginia state court may find a less hospitable environment in the wake of a recent decision. In State ex rel. Surnaik Holdings of WV, LLC v. Bedell, the Supreme Court of...more