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November 11, 2019
We have written about this before. Both the Third Circuit Court of Appeals and the District Court of Maryland (in the Fourth Circuit) have ruled that Congress can convey to FERC-approved energy projects the right to condemn property, but have also held that the right does not extend to state-owned…
November 11, 2019
In Kruse v. Farid, Slip. Op. No. 18-0464 (W.Va. Nov. 8, 2019), the Supreme Court of Appeals of West Virginia affirmed summary judgment “finding that [the defendant physician] did not have a duty to provide follow-up medical care after Ms. Kruse left Raleigh General Hospital against medical advice…
November 8, 2019
After years of back and forth, stakeholder meetings, and anxiety over the requirements of 30 C.F.R. §§ 56/57.18002, the Mine Safety and Health Administration (“MSHA”) is now gearing up for enforcement of the 2017 Final Rule commencing on or about December 30, 2019. The 2017 Final Rule is different…
November 7, 2019
The West Virginia Supreme Court has ruled that a Circuit Court judge should not have decided whether to “certify” a class action in which he was a potential class member. In addition, the Court has vacated the certification order of the Circuit Court as inadequately supported. See State ex rel.…
November 11, 2019
We have written about this before. Both the Third Circuit Court of Appeals and the District Court of Maryland (in the Fourth Circuit) have ruled that Congress can convey to FERC-approved energy projects the right to condemn property, but have also held that the right does not extend to state-owned…
November 11, 2019
In Kruse v. Farid, Slip. Op. No. 18-0464 (W.Va. Nov. 8, 2019), the Supreme Court of Appeals of West Virginia affirmed summary judgment “finding that [the defendant physician] did not have a duty to provide follow-up medical care after Ms. Kruse left Raleigh General Hospital against medical advice…
November 8, 2019
After years of back and forth, stakeholder meetings, and anxiety over the requirements of 30 C.F.R. §§ 56/57.18002, the Mine Safety and Health Administration (“MSHA”) is now gearing up for enforcement of the 2017 Final Rule commencing on or about December 30, 2019. The 2017 Final Rule is different…
November 7, 2019
The West Virginia Supreme Court has ruled that a Circuit Court judge should not have decided whether to “certify” a class action in which he was a potential class member. In addition, the Court has vacated the certification order of the Circuit Court as inadequately supported. See State ex rel.…
