McNeer, Highland, McMunn and Varner’s litigation attorneys have extensive experience trying both civil and criminal cases in state and federal court. Our litigation group has handled cases in all West Virginia judicial circuits, the United States District Court for the Northern and Southern District of West Virginia, as well as courts in Pennsylvania, Maryland, Ohio, Virginia and North Carolina. The appellate part of our litigation group has handled numerous cases before the West Virginia Supreme Court of Appeals, the Fourth Circuit Court of Appeals and has been on brief to the United States Supreme Court.
Our litigation attorneys include members of the prestigious American College of Trial Lawyers, American Board of Trial Advocates, The Best Lawyers in America, WV SuperLawyer, the Federation of Defense and Corporate Counsel (FDCC), International Association of Defense Counsel (IADC) and the Association of Criminal Defense Attorneys. Our attorneys are members of various committees of the American Bar Association, Defense Research Institute and the West Virginia Defense Trial Counsel.
McNeer, Highland, McMunn and Varner, L.C. has litigation attorneys with trial experience in business, individual, and commercial matters at all levels. The firm’s attorneys have strong professional and academic credentials, as well as extensive trial experience in state and federal courts. The firm has successfully represented clients in virtually every area of civil litigation. We are experienced in both pre-trial settlement and lengthy court proceedings, and we continuously strive to represent our clients in a cost-effective manner.
Our experience in civil trials includes:
The wide expanse of commercial litigation includes such matters as problems with business formation (Corporations, Limited Liability Corporations (LLC), Sub-Chapter S Corporations, Partnerships, Limited Liability Partnerships (LP), Joint Ventures, etc.), disputes among owners, partners, members, joint-venturers, breach of contract, breach of fiduciary duties, contract interpretation disputes, specific performance of contracts, injunctions.
Product Liability is the branch of tort law that holds designers, manufacturers, and sellers responsible for the harm suffered by buyers and users of defective products. A product can be anything, from a tire to a plastic bag. Defective products may cripple or kill. Defects can arise from flaws in product design, manufacture, or marketing, and defects may cause harm or death. Product liability claims and cases typically raise issues of warranty obligations, negligence, manufacturing and design problems, and failure to warn about the problems.
Professionals, including doctors and lawyers, can be subject to lawsuit if they fail to use the degree of skill expected of them. They can be charged with medical malpractice or legal malpractice. Professionals are expected to have technical knowledge and training in their particular area. When they act in their professional capacity, they are expected to perform the services for which they were hired, according to the standards of conduct in their profession. If a professional fails to use the degree of skill expected of him or her, financial losses from lawsuits may result. Most professionals secure professional liability insurance. When professional liability is limited to negligence, professional liability insurance called “errors and omissions” may come into play.
Personal injury, which is sometimes referred to as tort law, covers any injury, wrong or damage you suffer to your person, property, rights, or reputation due to the negligence or actions of another. There are many ways for a personal injury to arise. A personal injury can occur in the workplace, in a traffic accident, because of a faulty or defective product or a faulty repair, because of a mistaken diagnosis or improper medical treatment, or because you slipped and fell on a wet floor or pavement. Personal injuries can be physical or psychological, and commonly arise out of issues of negligence or unreasonably unsafe actions of employers, manufacturers, doctors and other medical professionals, landlords, or other persons or organizations who owe you a duty of ordinary care.
Bad Faith/Extra-Contractual Liability
Insurance companies are required by law to act in good faith, and provide just and fair compensation if a policy holder files a legitimate claim. Failure to live up to this standard through a breach of contract, or by acting in bad faith (such as a denial of a claim without a justified reason) can result in the insurance company paying not only the original compensation in the claim, but also consequential damages and extra-contractual damages. Consequential damages can include out-of-pocket expenses the plaintiff was required to pay as a result of the inaction of the insurance company, such as fees associated with a vehicle repair. Extra-contractual fees may be awarded for emotional or physical pain and suffering resulting from the insurance company’s bad faith. Extra-contractual damages are determined based on the particular cases, and are not guaranteed for all plaintiffs. If an insurance company has acted egregiously, the court may also award punitive damages.
Environmental law litigation may arise in regard to purchasing, improving, leasing, or developing real property. Environmental lawsuits arise over issues of indoor air and water quality hazards, as well as toxic ground water, lead-based paint, lead, asbestos, radon, sick building syndrome, and mold, as they relate to the sale or lease of real property. Federal environmental law includes the rules and regulations governing the renovation and demolition of buildings and the potential tort liability faced by building owners for personal injuries caused by exposure to these hazardous materials.
When roofs leak, walls collapse, leaky pipes cause mold, or plumbing doesn’t work you need the skills of an experienced advocate. Construction defects can occur almost anywhere in any home or commercial construction. Examples include mold in the woodwork, leaks in the plumbing, toxins in the soil or even dangerous gaseous emissions emanating from a duct system. Building code violations and contractor negligence need to be investigated.
If there is a construction defect notate its presence properly and contact a construction defect attorney immediately to guide you through the legal process of protecting your rights so that you don’t incur the financial and/or physical damages that these conditions can create.
Contact us to discuss all your West Virginia Civil Litigation needs.