Remove Cause of Action Remove Statute Remove West Virginia
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Decedent’s personal injury settlement did not become wrongful death proceeds after his death.

Day on Torts

Before his death, decedent filed suit for personal injury and loss of consortium in West Virginia. The Court explained: Here, Decedent brought suit in West Virginia for personal injury and loss of consortium. Decedent was, obviously, still living at the time of his reaching a settlement in the West Virginia litigation. …

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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

See Pennsylvania General Assembly Statute §7102. That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. White clearly does not like spiders, even fake ones. 32; 285 S.W.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

See Pennsylvania General Assembly Statute §7102. That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. White clearly does not like spiders, even fake ones. 32; 285 S.W.

Tort 48
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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Ergon-West Virginia, Inc. The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute. 19-2128 (4th Cir. Ninth Circuit Rejected Claim That CEQA Applied to Taxi Rules for Airport Pickups.

Court 57
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Spooky Torts: The 2023 List of Litigation Horrors

JonathanTurley

See Pennsylvania General Assembly Statute §7102. That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. White clearly does not like spiders, even fake ones. Trimble ␣ 315 Mo.

Tort 61
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September 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. West Virginia v.

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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable. In the Supreme Court, the fisheries are represented by former U.S.