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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 himself ultimately accepted a settlement in lieu of further litigation.

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Compassionate-release, the First Step Act, and jurors on social media

SCOTUSBlog

When Allen Loughry II, the former chief justice of the Supreme Court of Appeals of West Virginia, was convicted of wire and mail fraud in 2018, discussion about the case, predictably, spread on Twitter. The court clarified one provision of the law last term in Terry v. United States. The new petitions, Watford v. United States.

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Supreme Court Hears Challenge to EPA’s Good Neighbor Rule

Constitutional Law Reporter

Ohio, Indiana, and West Virginia filed suit, arguing that EPA’s rulemaking process circumvented the Clean Air Act’s cooperative-federalism mandate by forcing its own top-down control over state-level air-pollution reduction, and moved to stay the federal plan pending judicial review. Warner Chappell Music, Inc.

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As drought persists in the west, justices to consider Navajo Nation’s rights to Colorado River

SCOTUSBlog

The Navajo Nation reservation is about the size of Ireland or West Virginia, with large portions bordered by the Colorado River. Over one hundred years ago, the Supreme Court found that the creation of Indian reservations arising from Indian land cession treaties in the arid west necessarily created Indian reserved water rights.

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Federal Court Limits State Authority to Deny Interstate Transmission Projects

ClimateChange-ClimateLaw

PJM determined that a project proposed by Transource consisting of new transmission lines running from West Virginia to Maryland would reduce this congestion and provide net positive economic benefits. The Supremacy Clause serves to “ invalidate[] state law that interferes with or is contrary to federal law.”

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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. However, many areas of Europe have good Samaritan laws protecting such rescuers. White clearly does not like spiders, even fake ones.

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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. However, many areas of Europe have good Samaritan laws protecting such rescuers. White clearly does not like spiders, even fake ones.

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