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  • Commentaries
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West Virginia Case Commentaries

From “First-Marketable Product” to “Point of Sale”: 
        West Virginia Mandates Lessees Bear All Post-Production Costs Through the Actual Sale 
        – Comment on Romeo v. Antero Resources Corp. (2025)

From “First-Marketable Product” to “Point of Sale”: West Virginia Mandates Lessees Bear All Post-Production Costs Through the Actual Sale – Comment on Romeo v. Antero Resources Corp. (2025)

Date: Jun 18, 2025
From “First-Marketable Product” to “Point of Sale”: West Virginia Mandates Lessees Bear All Post-Production Costs Through the Actual Sale Commentary on Jacklin Romeo, Susan S. Rine & Debra Snyder...
Beyond Ordinary Negligence: West Virginia Formally Adopts Negligent Supervision and Extends Employer Liability to Intentional & Reckless Employee Torts

Beyond Ordinary Negligence: West Virginia Formally Adopts Negligent Supervision and Extends Employer Liability to Intentional & Reckless Employee Torts

Date: Jun 18, 2025
Beyond Ordinary Negligence: West Virginia Formally Adopts Negligent Supervision and Extends Employer Liability to Intentional & Reckless Employee Torts 1. Introduction The Supreme Court of Appeals of...
From Wellhead to Final Buyer: West Virginia Affirms “Point-of-Sale” Standard and Extends Royalty Protection to Natural Gas Liquids

From Wellhead to Final Buyer: West Virginia Affirms “Point-of-Sale” Standard and Extends Royalty Protection to Natural Gas Liquids

Date: Jun 18, 2025
From Wellhead to Final Buyer: West Virginia Affirms “Point-of-Sale” Standard and Extends Royalty Protection to Natural Gas Liquids 1. Introduction In Jacklin Romeo, Susan S. Rine, and Debra Snyder...
The Expanded “Point-of-Sale” Doctrine: Downstream Markets and Enhanced Hydrocarbons in West Virginia Royalty Calculations

The Expanded “Point-of-Sale” Doctrine: Downstream Markets and Enhanced Hydrocarbons in West Virginia Royalty Calculations

Date: Jun 18, 2025
The Expanded “Point-of-Sale” Doctrine: Downstream Markets and Enhanced Hydrocarbons in West Virginia Royalty Calculations 1. Introduction Jacklin Romeo, Susan S. Rine and Debra Snyder Miller...
Economic-Damages Exception to the West Virginia MPLA: Commentary on Elaine Neidig v. Valley Health System

Economic-Damages Exception to the West Virginia MPLA: Commentary on Elaine Neidig v. Valley Health System

Date: Jun 11, 2025
Economic-Damages Exception to the West Virginia Medical Professional Liability Act (Commentary on Elaine Neidig v. Valley Health System, No. 24-27, 2025) 1. Introduction The Supreme Court of Appeals...
Purely Economic Loss Outside the MPLA: The New Limiting Principle in Neidig v. Valley Health System

Purely Economic Loss Outside the MPLA: The New Limiting Principle in Neidig v. Valley Health System

Date: Jun 11, 2025
Purely Economic Loss Outside the MPLA: The New Limiting Principle in Neidig v. Valley Health System Introduction In Elaine Neidig v. Valley Health System, the Supreme Court of West Virginia...
“One Damage Requirement, Two Causes of Action” – Neidig v. Valley Health System and the Unified Injury Prerequisite under West Virginia’s MPLA

“One Damage Requirement, Two Causes of Action” – Neidig v. Valley Health System and the Unified Injury Prerequisite under West Virginia’s MPLA

Date: Jun 11, 2025
“One Damage Requirement, Two Causes of Action” – Neidig v. Valley Health System and the Unified Injury Prerequisite under West Virginia’s Medical Professional Liability Act Introduction Elaine Neidig...
“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia

“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia

Date: Jun 11, 2025
“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia Introduction In In re Petition for Reinstatement of Edward Raymond Kohout, the Supreme...
State v. Smith (2025): Re-Drawing the Line – No Jury Instructions on Parole Eligibility When Juvenile Defendants Automatically Receive Mercy

State v. Smith (2025): Re-Drawing the Line – No Jury Instructions on Parole Eligibility When Juvenile Defendants Automatically Receive Mercy

Date: Jun 11, 2025
State v. Smith (2025): Re-Drawing the Line – No Jury Instructions on Parole Eligibility When Juvenile Defendants Automatically Receive Mercy 1. Introduction Court: Supreme Court of Appeals of West...
Parole-Eligibility Instructions & the Limits of the Invited-Error Doctrine: Commentary on State of West Virginia v. Gavin Blaine Smith

Parole-Eligibility Instructions & the Limits of the Invited-Error Doctrine: Commentary on State of West Virginia v. Gavin Blaine Smith

Date: Jun 11, 2025
Parole-Eligibility Instructions & the Limits of the Invited-Error Doctrine: A Comprehensive Commentary on State of West Virginia v. Gavin Blaine Smith 1. Introduction In State of West Virginia v....
Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims

Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims

Date: Jun 10, 2025
Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims Introduction This commentary examines the West Virginia Supreme Court decision in Caitlin R. Workman...
Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases

Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases

Date: Jun 10, 2025
Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases Introduction In Francis Kaess v. BB Land, LLC, the Supreme Court of Appeals of West Virginia...
Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases

Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases

Date: Jun 10, 2025
Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases Introduction In Francis Kaess v. BB Land, LLC (No. 23-522), the Supreme Court of West...
Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases

Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases

Date: Jun 10, 2025
Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases Introduction Francis Kaess v. BB Land, LLC, decided by the Supreme Court of Appeals of West Virginia...
Reinforcing Grandparent Placement Statutory Findings: In re A.F.

Reinforcing Grandparent Placement Statutory Findings: In re A.F.

Date: Jun 10, 2025
Reinforcing Grandparent Placement Statutory Findings: In re A.F. Introduction In In re A.F., the Supreme Court of Appeals of West Virginia addressed whether a circuit court must expressly consider...
Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations

Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations

Date: Jun 10, 2025
Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations Introduction In re A.F. (No. 23-698) is a 2025 Supreme Court of West Virginia decision...
In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations

In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations

Date: Jun 10, 2025
In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations Introduction In In re M.N., 2025 WL ___ (W. Va. June 6, 2025), the Supreme Court of...
Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte

Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte

Date: Jun 10, 2025
Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte Introduction In Lawyer Disciplinary Board v. Scott A. Curnutte, 2025...
Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays

Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays

Date: Jun 10, 2025
Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays Introduction In the disciplinary matter Lawyer Disciplinary Board v. Scott A. Curnutte, No. 23-746 (W. Va....
Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions

Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions

Date: Jun 10, 2025
Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions Introduction State of West Virginia v. Deliezha Davonte Gravely (No. 23-189, filed...
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