Notes:

Latest blog posts from West Virginia Legal Weblog

Supreme Court denies cert in Long John Silvers case
Yesterday, the U.S. Supreme Court refused (a href="http://www.supremecourtus.gov/orders/courtorders/100608zor.pdf"PDF/a) Long John Silver's petition to review a a href="http://legalweblog.blogspot.com/2008/02/long-john-silvers-says-arrrbitrator.html"ruling/a by the Fourth Circuit that its former... Read more...
Published 4 days ago

Class certification denied in C-8 case
I learned from a href="http://swvalaw.blogspot.com/2008/10/judge-goodwin-denies-class.html"Steve Minor's SW Virginia Law Blog /athat Judge Goodwin has denied class certification in the C-8 water contamination case against DuPont. The first paragraph of the a... Read more...
Published a week ago

Fourth Circuit grants new trial to DEA agent in Title VII case
A former DEA special agent denied a promotion will receive a new trial on her Title VII race, sex and retaliation claims because the district court improperly restricted the introduction of evidence regarding a separate, ongoing race discrimination action against the DEA in which the plaintiff... Read more...
Published 2 months ago

Fourth Circuit affirms dismissal of suit under W.Va. Equestrian Activities Responsibility Act
In an unpublished per curiam opinion, the Fourth Circuit today affirmed summary judgment in favor of the Greebrier Resort in a horseback riding injury case prosecuted by a Florida attorney as plaintiff.br /br /In emRutecki v. CSX Hotels, Inc./em, No. 071144 (4th Cir., Aug. 19, 2008) (a... Read more...
Published 2 months ago

Justice Thomas B. Miller
This a href="http://www.dailymail.com/News/statenews/200808120328"article/a in today's Daily Mail notes the passing of retired West Virginia Supreme Court of Appeals Justice Thomas B. Miller. In the words of former W.Va. Supreme Court Clerk Ancil Ramey, Justice Miller was "a very hard worker,... Read more...
Published 2 months ago

Marital communications in an electronic age
From a href="http://www.mealeysonline.com/mealey/ppv/articleSearch.do?searchTerm=%22%205-1%20Mealeys%20Litig.%20Rep.%20Employ.%20L.%2031%20(2008)%20%22pageLimit=10pageNumber=0publication=All+Mealey+Publications%3BMEALEY%3BMEALEYrelativeDateValue=NONEfromDate=toDate=loc=mealeysrss"Mealey's... Read more...
Published 2 months ago

Study Finds Settling Is Better Than Going to Trial - NYTimes.com
a href="http://www.nytimes.com/2008/08/08/business/08law.html?_r=1amp;adxnnl=1amp;oref=sloginamp;ref=todayspaperamp;adxnnlx=1218205530-gZPuIbSgMbhGM0IlTHK6SA"Study Finds Settling Is Better Than Going to Trial - NYTimes.com/abr /br /Not a surprise to most of us, I don't think. Read more...
Published 2 months ago

Justice Albright recovering from surgery
Best wishes for a speedy recovery to Justice Albright, who a href="http://www.dailymail.com/News/200808050281"underwent surgery/a on his esophagus last week. Read more...
Published 2 months ago

Fourth Circuit "reluctantly" affirms dismissal of suit where plaintiffs challenged their own assertions of jurisdiction
Now here's something you don't see every day.br /br /Today, the Fourth Circuit held that a set of plaintiffs who filed suit in federal court alleging diversity jurisdiction who lost on summary judgment were entitled to vacation of the judgment because they were not "citizens" for diversity... Read more...
Published 2 months ago

E-filing in the Fourth Circuit
You probably received an a href="http://legalweblog.blogspot.com/2008/05/fourth-circuit-makes-e-filing-mandatory.html"e-mail/a a couple of months ago telling you that e-filing became mandatory in the Fourth Circuit effective June 1, 2008. If you were like me, you did not immediately go through... Read more...
Published 3 months ago

ATT gets "roadside assistance" from the Fourth Circuit
ATamp;T properly removed a class action lawsuit filed in West Virginia over automoatic "Roadside Assistance" charges under the Class Action Fairness Act of 2005 (CAFA), the Fourth Circuit held yesterday in emStrawn v. ATamp;T Mobility LLC/em, No. 07-2084 (a... Read more...
Published 3 months ago

U.S. Supreme Court rules that employers have the burden of persuasion on ADEA's reasonable factors other than age defense
Employers arguing in ADEA a href="http://www.lawmemo.com/101/2006/01/disparate_impac_1.html"disparate impact/a cases that their employment decisions were based on "reasonable factors other than age" bear the burden of persuasion, ruled the U.S. Supreme Court on June 19. emMeacham v. Knolls Atomic... Read more...
Published 4 months ago