WV Supreme Court Orders Massey Bond of $55 Million, But Denies Motion to...
In advance of tomorrow’s argument in Caperton v. A. T. Massey Coal Co., the Supreme Court of Appeals of West Virginia has granted the Caperton corporations’ motion require Massey to post an appeal...
View ArticleRecap of WV Supreme Court Argument in Caperton v. A. T. Massey Coal Company
I intended to write earlier about Tuesday’s argument before the Supreme Court of Appeals of West Virginia in Caperton v. A. T. Massey Coal Co., which I watched on the Court’s webcast, but better late...
View Article“Dead Peasant” Insurance Policies Are Source of Increasing Litigation
Although I had heard of “dead peasant” or "janitor" insurance policies or, as they known more euphemistically, corporate-owned life insurance (COLI) policies, Arianna Huffington’s reference to them in...
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Pittsburgh Post-Gazette Responds to Mylan Suit
Last month, I wrote about Mylan’s lawsuit against the Pittsburgh Post-Gazette and two of its reporters for misappropriation of trade secrets, conversion, and other claims, based on articles that have...
View ArticleWal-Mart’s “Dead Peasant” Insurance Policies Are Focus of Proposed Class Action
Last month I wrote about litigation initiated by Wal-Mart against several insurance companies regarding “dead peasant,” or corporate-owned, life insurance policies purchased by Wal-Mart on 350,000 of...
View ArticleUSDC Decision Relies on WV’s Rejection of Learned Intermediary Doctrine
A couple of years ago, I discussed State ex rel. Johnson & Johnson Corp. v. Karl, in which the Supreme Court of Appeals of West Virginia declined to adopt the learned intermediary doctrine. In case...
View ArticleWV Supreme Court Reverses $50 Million Verdict Against Massey for Third Time
The Supreme Court of Appeals of West Virginia has again reversed the $50 million verdict obtained in 2002 by Hugh Caperton and his companies against Massey and several of its subsidiaries. Caperton v....
View ArticleWV Supreme Court Issues Decision in DuPont Class Action
I have not written since early last month — and have no excuse to offer for my dereliction — but thanks to a much-anticipated decision released this afternoon by the Supreme Court of Appeals of West...
View ArticleBank Analyst Wins the Battle, But Loses the War
A couple of years ago, I posted about the lawsuit filed by BankAtlantic and its holding company against Richard Bove, and his employer, Ladenburg Thalmann & Co., Inc. The lawsuit was based on...
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Apparently No One Likes AT&T’s Arbitration Requirement, Including AT&T
Let me see if I understand this. In AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), decided by the United States Supreme Court in April, the Court held in a 5-4 decision that the Federal...
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