In re L.M.: Balancing Grandparent and Sibling Placement Preferences Under West Virginia Law—The Primacy of the Child’s Best Interests Introduction In In re L.M., No. 24-426 (W. Va. June 26 2025), the...
“Good-Cause” Requires Genuine Engagement: The West Virginia Supreme Court Affirms Trial-Court Discretion to Deny Continuances in Abuse & Neglect Dispositions Introduction In In re T.D., H.D., A.D.,...
“Reaffirming the Futility Doctrine” – In re D.F. and the Requirement of Credible Parental Acknowledgment Before Granting Improvement Periods in West Virginia Abuse & Neglect Cases 1. Introduction In...
“Stay in Your Lane”: The Supreme Court of Appeals of West Virginia Confirms that a Limited Remand Precludes Post-Remand Withdrawal of a Guilty Plea (Commentary on State of West Virginia v....
“From Missing Pages to Missing Prejudice” – The Specific-Prejudice Rule for Transcript Omission Claims in State of West Virginia v. Edward Jeffers (2025) 1. Introduction The Supreme Court of Appeals...
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 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 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 1. Introduction Jacklin Romeo, Susan S. Rine and Debra Snyder Miller...
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 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 Medical Professional Liability Act Introduction Elaine Neidig...
“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 1. Introduction Court: Supreme Court of Appeals of West...
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 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 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 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 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. Introduction In In re A.F., the Supreme Court of Appeals of West Virginia addressed whether a circuit court must expressly consider...