WV Supreme Court Holds That Statutes Abrogating the “Malice Exception” in Employment Litigation and Capping Punitive Damages Apply Immediately
June 19, 2017
In a 3-2 decision released late Friday, the Supreme Court of Appeals of West Virginia held that West Virginia Code §55-7E-3 and West Virginia Code §55-7-29 became effective in all civil cases that had not been tried as of June 8, 2015, the date that both statutes were enacted. Helio Martinez v. Asplundh Tree Expert Co., No. 17-0039 (June 16, 2017). The…