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Article

Wiley Rein LLP | USA | 23 Jun 2011

District court narrowly interprets bodily injury exclusion

The United States District Court for the Southern District of West Virginia has narrowly construed a bodily injury exclusion in a professional liability insurance policy in connection with determining that coverage existed for negligent supervision claims against the insured related to allegations of patient molestation by the insured’s employee.

Article

Foley Hoag LLP | USA | 16 Jun 2011

Judicial restraint in NEPA cases: how many judges allow "unwise" agency action?

This week, in Webster v. USDA, Judge John Bailey of the Northern District of West Virginia rejected a challenge to the Environmental Impact Statement filed for a USDA flood control project.

Article

Frost Brown Todd LLC | USA | 5 Jun 2011

Northern District of West Virginia confirms breach of covenant of good faith and dealing is not a stand-alone cause of action in West Virginia

Unfortunately, lenders in West Virginia are routinely faced with lawsuits alleging that, in essence, they may not foreclose on a property before offering a loan modification.

Article

Frost Brown Todd LLC | USA | 30 Mar 2011

Covenant of good faith and fair dealing not independent cause of action in west virginia

In this action, plaintiff Gilbert Kesling (“Kesling”) alleges that Countrywide engaged in abusive loan servicing practices and wrongfully foreclosed on his property.

Article

Foley & Lardner LLP | USA | 5 Oct 2009

West Virginia investment adviser allegedly breached fiduciary duty to clients

The SEC issued an Order Instituting Administrative Proceedings on September 15, 2009 against KHF Advisors, LLC (KHF Advisors) and against Appalachia Asset Management, Inc (Appalachia Asset), pursuant to Section 203(e) of the Investment Advisers Act of 1940.

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