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Addressing The Empty Chair: A Standard For The Sufficiency Notices Of Nonparty Fault, Mckenna Meadows May 2022

Addressing The Empty Chair: A Standard For The Sufficiency Notices Of Nonparty Fault, Mckenna Meadows

West Virginia Law Review

No abstract provided.


Suits Against Gas-Emitting Landfills In West Virginia: Identifying And Overcoming The Barriers, Shawn H. Hogbin Sep 2021

Suits Against Gas-Emitting Landfills In West Virginia: Identifying And Overcoming The Barriers, Shawn H. Hogbin

West Virginia Law Review

The U.S. in the past two decades has experienced an increase in class actions stemming from landfill odors, with many of these lawsuits utilizing the common law doctrines of nuisance, trespass, and negligence. Landfill odors impact nearby residents, making it unenjoyable for them to be outside on their lawns, and even in their homes. West Virginia’s sole appellate court, despite the state having 17 operational landfills and disposing of nearly 1.5 million tons of trash, has seen no such suit. This Note identifies whether West Virginia decisional law is prohibitive of this type of suit; it finds no clear legal …


"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants, Mark Giancaspro Sep 2020

"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants, Mark Giancaspro

West Virginia Law Review

No abstract provided.


Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence, Yehonatan Shiman Sep 2019

Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence, Yehonatan Shiman

West Virginia Law Review

No abstract provided.


Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley Dec 2018

Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley

West Virginia Law Review

No abstract provided.


A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr. Sep 2018

A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr.

West Virginia Law Review

No abstract provided.


One Rule To Compensate Them All, Noam Sher Sep 2018

One Rule To Compensate Them All, Noam Sher

West Virginia Law Review

The article claims that there is a unique compensation criterion that should be applied in all civil wrongs, inter alia, in tort, intellectual property and property law. Where an individual wrongfully infringes the right of another, the taker should be obliged to repay the victim her damages plus half the additional attributed net profits derived from the taking. This article names this criterion the Golden Rule. The suggested criterion contains three main components. First, for example, a firm increased manufacturing with profits of $1,000, acted wrongfully, and, as a result, someone suffered damages of $600-the taker should pay the victim …


Addicted To Hope: Abating The Opioid Epidemic And Seeking Redress From Opioid Distributors For Creating A Public Nuisance, Nathan R. Hamons Sep 2018

Addicted To Hope: Abating The Opioid Epidemic And Seeking Redress From Opioid Distributors For Creating A Public Nuisance, Nathan R. Hamons

West Virginia Law Review

No abstract provided.


"Should" Or "Must"?: Distinguishing Mandates From Guidlines In Tort Claims Contexts, A. G. Harmon Apr 2016

"Should" Or "Must"?: Distinguishing Mandates From Guidlines In Tort Claims Contexts, A. G. Harmon

West Virginia Law Review

No abstract provided.


Re-Establishing Distributor Liability On The Internet: Recognizing The Applicability Of Traditional Defamation Law To Section 230 Of The Communications Decency Act Of 1996, William E. Buelow Iii Sep 2013

Re-Establishing Distributor Liability On The Internet: Recognizing The Applicability Of Traditional Defamation Law To Section 230 Of The Communications Decency Act Of 1996, William E. Buelow Iii

West Virginia Law Review

Plaintiffs whose reputations have suffered irreparable injury from the distribution of defamatory statements have generally been permitted by law to recover damages from the enterprises that distributed the publications known to contain the defamatory material. However, when the enterprise that knowingly distributed the injurious content is an Internet service provider ("ISP"), present law denies that same plaintiff recovery. This perception of ISP immunity flows from a decision by the United States Court of Appeals for the Fourth Circuit in Zeran v. America Online, Inc., where the Court extended certain immunities offered by the Communications Decency Act of 1996 (the "CDA"). …


Not Your Mother's Remedy: A Civil Action Response To The Westboro Baptist Church's Military Funeral Demonstrations, Chelsea Brown Sep 2009

Not Your Mother's Remedy: A Civil Action Response To The Westboro Baptist Church's Military Funeral Demonstrations, Chelsea Brown

West Virginia Law Review

No abstract provided.


West Virginia As A Judicial Hellhole: Why Businesses Fear Litigating In State Courts, Victor E. Schwartz, Sherman Joyce, Cary Silverman Apr 2009

West Virginia As A Judicial Hellhole: Why Businesses Fear Litigating In State Courts, Victor E. Schwartz, Sherman Joyce, Cary Silverman

West Virginia Law Review

No abstract provided.


Judicial Hellholes, Lawsuit Climates And Bad Social Science: Lessons From West Virginia, Elizabeth G. Thornburg Apr 2008

Judicial Hellholes, Lawsuit Climates And Bad Social Science: Lessons From West Virginia, Elizabeth G. Thornburg

West Virginia Law Review

No abstract provided.


Democracy And Tort Law In America: The Counter-Revolution, Christopher J. Roederer Jan 2008

Democracy And Tort Law In America: The Counter-Revolution, Christopher J. Roederer

West Virginia Law Review

No abstract provided.


Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor Dec 2005

Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor

West Virginia Law Review

No abstract provided.


Expanding Attorney Liability To Third Party Adversaries For Negligence, Jody M. Offutt Jan 2005

Expanding Attorney Liability To Third Party Adversaries For Negligence, Jody M. Offutt

West Virginia Law Review

No abstract provided.


This Land Is Your Land (Our Right To The Environment), Victor B. Flatt Sep 2004

This Land Is Your Land (Our Right To The Environment), Victor B. Flatt

West Virginia Law Review

No abstract provided.


Replacing A Solid Wall With A Chain-Link Fence: Special Relationship Analysis For Tort Recovery Of Purely Economic Loss, Robert M. Stonestreet Sep 2002

Replacing A Solid Wall With A Chain-Link Fence: Special Relationship Analysis For Tort Recovery Of Purely Economic Loss, Robert M. Stonestreet

West Virginia Law Review

No abstract provided.


Tort Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Tort Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Revenge Of The Disappointed Heir: Tortious Interference With Expectation Of Inheritance - A Survey With Analysis Of State Approaches In The Fourth Circuit, Diane J. Klein Jan 2002

Revenge Of The Disappointed Heir: Tortious Interference With Expectation Of Inheritance - A Survey With Analysis Of State Approaches In The Fourth Circuit, Diane J. Klein

West Virginia Law Review

No abstract provided.


Spoliation Of Evidence In West Virginia: Do Too Many Torts Spoliate The Broth, Sean R. Levine Jan 2002

Spoliation Of Evidence In West Virginia: Do Too Many Torts Spoliate The Broth, Sean R. Levine

West Virginia Law Review

No abstract provided.


Fostering Mutual Respect And Cooperation Between State Courts And State Legislatures: A Sound Alternative To A Tort Tug Of War, Victor E. Schwartz, Mark A. Behrens, Monica G. Parham Sep 2000

Fostering Mutual Respect And Cooperation Between State Courts And State Legislatures: A Sound Alternative To A Tort Tug Of War, Victor E. Schwartz, Mark A. Behrens, Monica G. Parham

West Virginia Law Review

No abstract provided.


Recovery Of Medical Monitoring Costs: An Argument For The Fund Mechanism In The Wake Of Bower V. Westinghouse, Shannon L. Smith Wolfe Sep 2000

Recovery Of Medical Monitoring Costs: An Argument For The Fund Mechanism In The Wake Of Bower V. Westinghouse, Shannon L. Smith Wolfe

West Virginia Law Review

No abstract provided.


The Restatement Third, Torts: Products Liability: Progress Or A Radical Departure For West Virginia, J. Zachary Zatezalo Sep 1998

The Restatement Third, Torts: Products Liability: Progress Or A Radical Departure For West Virginia, J. Zachary Zatezalo

West Virginia Law Review

No abstract provided.


Tort Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Tort Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Bad Witches: A Cut On The Clitoris With The Instruments Of Institutional Power And Politics, Joan R. Tarpley Dec 1997

Bad Witches: A Cut On The Clitoris With The Instruments Of Institutional Power And Politics, Joan R. Tarpley

West Virginia Law Review

No abstract provided.


Holsten V. Massey: The Coexistence Of The Public Duty Doctrine And The Governmental Tort Claims And Insurance Reform Act, Stephanie M. Bonnett Sep 1997

Holsten V. Massey: The Coexistence Of The Public Duty Doctrine And The Governmental Tort Claims And Insurance Reform Act, Stephanie M. Bonnett

West Virginia Law Review

No abstract provided.


Relational And Liberal Feminism: The Ethic Of Care, Fetal Personhood And Autonomy, Joyce E. Mcconnell Dec 1996

Relational And Liberal Feminism: The Ethic Of Care, Fetal Personhood And Autonomy, Joyce E. Mcconnell

West Virginia Law Review

No abstract provided.


To Recover Or Not To Recover: A State By State Survey Of Fetal Wrongful Death Law, Jill D. Washburn Helbling Dec 1996

To Recover Or Not To Recover: A State By State Survey Of Fetal Wrongful Death Law, Jill D. Washburn Helbling

West Virginia Law Review

No abstract provided.


Farley V. Sartin And Tort Claims For The Wrongful Death Of A Nonviable Fetus: Paradigms, Imponderables And Proposals, Teree Foster Dec 1996

Farley V. Sartin And Tort Claims For The Wrongful Death Of A Nonviable Fetus: Paradigms, Imponderables And Proposals, Teree Foster

West Virginia Law Review

No abstract provided.