The United States Supreme Court ruled today in Caperton v. A. T. Massey, No. 08-22, that the Due Process Clause of the United States Constitution required that West Virginia Supreme Court Justice Brent Benjamin should have recused himself in a case involving A. T. Massey.
In a case decided by a 5-4 vote, Justice
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Disability Law: Reasonable Accommodation Requests and the Interactive Process in West Virginia, Framework
I was recently invited to deliver a presentation to a group of lawyers on “Reasonable Accommodation Requests and the Interactive Process in West Virginia.” In connection with my presentation, I prepared an outline detailing the statutory and regulatory framework which form the anti-discrimination laws governing covered workplaces in West Virginia.
My practice in this…
WV Legislature: The First Shock Wave
In non-mediation news, one of the first bills which has passed both houses of the West Virginia Legislature and is awaiting action by the Governor deals with the Certificate of Need process in West Virginia (Senate Bill 321). Although not directly related to mediation or the courts, I glanced at the bill because of…
Mediation Gets Results
Two more cases settled through mediation!
If you have the need for a West Virginia mediator, I hope you will consider giving me the opportunity to help your clients and their adversaries mediate toward resolution.
As always, to hire me as a mediator, or just to learn more about my mediation practice areas, click…
WV Legislature: Deliberate Intent Bill Introduced In Senate
On March 20, 2009, a bill was introduced in the West Virginia Senate concerning deliberate intent actions under West Virginia law. The bill, Senate Bill No. 661, has been referred to the Committee on the Judiciary and is described as follows: A BILL to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as…
Morning Comes to Morgantown
Morning comes to Morgantown . . . I am visiting Morgantown this weekend to attend the WVU v. Louisville basketball and, through a bit of mediation, to go shopping with my wife in Morgantown and in Pittsburgh (my apologies to Mountaineer fans everywhere).
It turns out that I came to town on a big news…
Caperton v. AT Massey – Perspectives on the Constitutional Issues
The United States Supreme Court of Appeals heard oral arguments today in Caperton v. A.T. Massey, No. 08-22 (click here for the argument transcript); the facts of which are well known and will not be repeated here. Instead, in this post, I will share with my readers different perspectives offered by bloggers and editorial…
The Bookstore Battle Settles
As reported today in the Charleston Daily Mail, as well as noted in the West Virginia Business Litigation Blog, the case involving WVU, Barnes & Noble and The Book Exchange was settled prior to oral arguments before the West Virginia Supreme Court of Appeals.
The Beauty of Mediation: Flexibility
I recently completed a successful mediation which provided a chance to apply one of mediation’s many benefits — flexibility.
Without going into details about the parties or the case, the mediation started in a traditional fashion with the plaintiff thinking solely in terms of a pure money settlement. The defendants initially responded within the same parameters.…