West Virginia Issues

Attorney General Sunshine / Private Attorney General Sunshine

State Government Accountability Reform: H.B. 104 (2008-1st Extraordinary Session)

West Virginia|2008

Requires the Attorney General to notify the Governor and Legislature

Requires the Attorney General to notify the Governor and Legislature when filing a lawsuit and when entering into settlement negotiations.

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Unchallenged

Government Retention of Personal Injury Lawyers: H.B. 4007 (2016)

West Virginia|2016

Places guidelines and regulatory parameters on the practice of the

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Places guidelines and regulatory parameters on the practice of the Attorney General hiring private attorneys on a contingency fee basis in civil litigation.

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Unchallenged

Venue Reform: H.B. 4013 (2018)

West Virginia|2018

Provides that a nonresident of the state may not bring

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Provides that a nonresident of the state may not bring an action in a court of this state unless all or a substantial part of the acts or omissions giving rise to the claim asserted occurred in this state. It also similarly provides an exception in situations where a nonresident’s claim cannot proceed where the action arose because of the plaintiff’s inability to obtain jurisdiction over the defendant there, unless the action is time-barred there. In addition, the law provides that in cases in which there are multiple plaintiffs, each plaintiff must independently establish proper venue.

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Unchallenged

Manufacturers’ Liability for Prescription Drug Warning: S.B. 474 (2011)

West Virginia|2011

Provides a choice of law provision when nonresidents bring an

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Provides a choice of law provision when nonresidents bring an action against the manufacturer or distributor of a prescription drug for inadequate warnings. Application of the learned intermediary doctrine would be dependent on the law of the state in which the injury occurred.

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Unchallenged

Reforms View All »

Joint and Several Liability Reform: SB 421 (2005).

West Virginia|2005

Eliminates joint and several liability for defendants 30 percent or

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Eliminates joint and several liability for defendants 30 percent or less at fault. In such situations, defendants pay only percentage of fault as determined by the jury. Provides that if a claimant has not been paid after six months of the judgment, defendants 10 percent or more responsible are subject to reallocation of uncollected amount. Defendants less than 10 percent at fault or whose fault is equal to or less than the claimant’s percentage of fault are not subject to reallocation.

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Joint and Several Liability Reform: HB 2122 (2003).

West Virginia|2003

Provides for modified joint and several liability in medical malpractice

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Provides for modified joint and several liability in medical malpractice cases so that liability is several among defendants who go to trial, but does not take into account settling defendant’s liability.

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Reforms View All »

Judgment Interest Reform: H.B. 2678 (2017)

West Virginia|2017

Sets the pre and post judgment interest rate at two

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Sets the pre and post judgment interest rate at two percentage points above the Fifth Federal Reserve District secondary discount rate provided the rate does not exceed nine percent or be less than four percent.

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Unchallenged

Judgment Interest Rate Reform: S.B. 576 (2006)

West Virginia|2006

Established that the rate for pre-and post-judgment interest may not

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Established that the rate for pre-and post-judgment interest may not exceed 11 percent per year or by less than 7 percent per year.

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Unchallenged

Reforms View All »

Medical Liability Reform- Innocent Prescriber: H.B. 2011 (2005)

West Virginia|2005

Provided that no health care provider is liable to a

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Provided that no health care provider is liable to a patient or third party for injuries sustained as a result of the ingestion of a prescription drug or use of a medical device that was prescribed or used by a healthcare provider in accordance with instructions approved by the U.S. Food and Drug Administration regarding dosage and administration of the drug, the indications for which the drug should be taken or device should be used, and the contraindications against the drug or using the device. The liability exemption does not apply if: (1) the health care provider had actual knowledge that the drug or device was inherently unsafe for the purpose for which it was prescribed or used or (2) a manufacturer of such drug or device publicly announces changes in the dosage or administration of such drug or changes in contraindications against taking the drug or using the device and the health care provider fails to follow such publicly announced changes and such failure proximately caused or contributed to the plaintiff’s injuries or damages.

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Unchallenged

Medical Liability Reform- Expressions of Sympathy: H.B. 3174 (2005)

West Virginia|2005

Provided that no statement, affirmation, gesture or conduct of a

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Provided that no statement, affirmation, gesture or conduct of a healthcare provider who provided healthcare services to a patient, expressing apology, sympathy, commiseration, condolence, compassion or a general sense of benevolence, to the patient, a relative of the patient or a representative of the patient and which relate to the discomfort, pain, suffering, injury or death of the patient shall be admissible as evidence of an admission of liability or as evidence of an admission against interest in medical liability civil actions.

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Unchallenged

Reforms View All »

Innocent Seller – H.B. 2850

West Virginia|2017

Limits product liability against a seller to the manufacturer of

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Limits product liability against a seller to the manufacturer of the product unless the seller had actual knowledge of the defect in the product that was a proximate cause of the harm, exercised substantial control over the aspect of manufacture, construction, design, installation, assembly, or instructions of the product that was a proximate cause of the harm, altered, modified, or installed the product in a way not authorized or requested by the manufacturer, or the court determines by clear and convincing evidence that the party asserting the product liability action would be unable to enforce judgment against the manufacturer.

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Unchallenged

Manufacturers’ Liability for Prescription Drug Warning: S.B. 474 (2011)

West Virginia|2011

Provides a choice of law provision when nonresidents bring an

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Unchallenged

Miscellaneous

Reforms View All »

Non-Health Care Provider Defibrillator Users: S.B. 422 (2010)

West Virginia|2010

Limited civil liability for nonhealth care provider defibrillator users in

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Limited civil liability for nonhealth care provider defibrillator users in good faith who are not health care providers.

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Unchallenged

Business Court Divisions: H.B. 4352 (2010)

West Virginia|2010

Authorized the West Virginia Supreme Court to create a business

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Authorized the West Virginia Supreme Court to create a business court division within certain circuit court districts.

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Unchallenged

Latest News

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West Virginia Bill Could Empower Juries With More Relevant Evidence

Press Releases

Bill on seat belt admissibility heads to Governor

West Virginia Legislature Looks to Address COVID-19 Liability

Press Releases

Trial lawyers’ spending on covid ads last year surpassed $260,000

West Virginia AG Candidates Fail to Sign Transparency Oath

In The News

ATRA reports neither candidate for West Virginia Attorney General has signed its transparency oath, writes Chris Dickerson for the West Virginia Record.

Appeal Bond Reform

Attorney General Sunshine / Private Attorney General Sunshine

Forum and Venue

Joint and Several Liability

Judgement Interest Reform

Medical Liability Reform

Noneconomic Damages Reform

Product Liability

Punitive Damages

Miscellaneous

Latest News

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West Virginia Bill Could Empower Juries With More Relevant Evidence

West Virginia Legislature Looks to Address COVID-19 Liability

West Virginia AG Candidates Fail to Sign Transparency Oath

ATRA says attorneys spent $1.5 million on TV ads in West Virginia in three months

West Virginia Lawyers Dump $1.5 Million Into TV Ads

New Report: Trial Lawyers Spend Millions on TV Ads in West Virginia