WVAJ News Releases
12/15/2016
Official Statement: ATRA Attack Helps CEOs Line Their Pockets at Our Expense
The West Virginia Association for Justice today released the following statement in response to the American Tort Reform Association's widely discredited "Judicial Hellhole" report: “ATRA’s so-called ‘report’ is part of a well-funded PR campaign that has been discredited by the media, state and national legal experts and academics for more than a decade. The media have proven that ATRA has received millions from corporate CEOs who want to increase their profits at the expense of our individual rights and liberties. It has never provided an accurate analysis of our state courts nor our legal climate. It's wrong,” said Jane Peak, president of the West Virginia Association for Justice.
11/1/2016
WVAJ Presents Car to Community Unity Organizer: Shayla Leftridge Sold Her Car to Pay for September Event
The West Virginia Association for Justice presented a car to Shayla Leftridge, the Institute woman who sold her car to cover expenses for the Community Unity event she organized in September. More than 100 WVAJ attorney members from throughout West Virginia donated money to purchase the car for Leftridge. The car was presented to Leftridge by WVAJ President Jane Peak. Community Unity brought together hundreds of community members, including area families, law enforcement officers, other first responders and elected officials. The event was organized in the wake of growing protests over police brutality nationally.
10/10/2016
Official Statement: CALA Misleading Voters on Candidate Contributions
The West Virginia Association for Justice issued the following statement in response to the West Virginia Citizens Against Lawsuit Abuse’s ongoing effort to mislead West Virginia voters on contributions to legislative candidates: “The CALA election playbook is clear--take a few facts, and then twist and spin them to scare West Virginia voters into giving up their constitutional rights. While the candidates included on CALA's list did receive contributions from trial lawyers, CALA doesn’t bother to tell voters that those donations represent just a fraction of what each candidate raised. That's like pointing out 50 people at Milan Puskar Stadium in the visiting team's colors and claiming that everyone there was rooting against the Mountaineers. It's not just wrong, it's ridiculous,” said Jane Peak, president of the West Virginia Association for Justice.
10/3/2016
Corporate Shill CALA Continues to Mislead West Virginians about State's Legal Climate
The West Virginia Association for Justice today denounced West Virginia Citizens Against Lawsuit Abuse (CALA) and its ongoing effort to take away West Virginians' constitutional right to jury trial. "Since the Bill of Rights became law, American citizens have had the right to trial by jury in civil courts. Our civil courts are the one place where every citizen is equal to the biggest corporations, the most powerful CEOs and even the government itself. Every West Virginian needs to demand to know why CALA wants to take that away and why the front group is lying to us to do it," said Jane Peak, president of the West Virginia Association for Justice.
6/23/2016
Morgantown Attorney Jane Peak Elected 2016-2017 WVAJ President
Morgantown attorney Jane E. Peak has been elected the 2016 – 2017 President of the West Virginia Association for Justice. Originally from Hurricane, Peak has practiced with the Morgantown firm of Allan N. Karlin and Associates since graduating from the West Virginia University College of Law in 1996. “It is a tremendous honor for me to be named president of the West Virginia Association for Justice and represent the lawyers who are members of our association. Our members promote justice and protect the rights of West Virginia’s consumers, workers and small businesses,” said Peak.
9/10/2015
U. S. Chamber’s So-Called Study Is Inaccurate, “Bad for Business:” West Virginia Lawmakers, Business Owners and Residents Deserve the Truth
The West Virginia Association for Justice today condemned the U. S. Chamber of Commerce Institute for Legal Reform’s latest “study” as nothing more than propaganda designed for one purpose—to scare West Virginia voters into giving up their constitutional right to trial by jury and provide total immunity for corporations who break the law.
6/30/2015
ATRA’s “Victories” Were Solutions to Problems That Don’t Exist
The West Virginia Association for Justice issued the following statement in response to the American Tort Reform Association’s 2015 Legislative Enactments Brief and ongoing unwarranted attack on West Virginia’s civil justice system: “For more than a decade, the American Tort Reform Association has unjustifiably attacked West Virginia and hurt its reputation in state and national media. The so-called ‘crisis’ in our civil justice system does not exist, and our courts have not hurt the state’s ability to grow its economy,” said Beth White, executive director of the West Virginia Association for Justice.
6/24/2015
Princeton Attorney New WVAJ President
Princeton attorney Paige Flanigan was elected president of the West Virginia Association for Justice at the organization’s annual convention earlier this month. She opened her own practice, Flanigan Law Office, in Princeton in November 2014. “It is a great privilege and honor to serve as president of the West Virginia Association for Justice. For more than fifty years, its membership has included many of West Virginia’s leading attorneys, and it has been a state leader in educating attorneys and protecting access to the courts for West Virginia residents. I look forward to leading this work in the year ahead,” said Flanigan.
Legislative Hypocrisy Shines for All to See: Votes to Take Away Consumers’ Constitutional Rights While Protecting Auto Dealers from Arbitration Clauses
The West Virginia Association for Justice denounced the West Virginia House of Delegates’ failure to protect state consumers and workers by prohibiting pre-dispute, binding arbitration clauses in contracts. The proposed amendment to SB 37 would have preserved their 7th Amendment right to trial by jury; it was defeated by a vote of 43 – 57. The defeated amendment is identical to language included in SB 453, which prohibits those clauses in contracts between state auto dealers and manufacturers and distributors and allows them to take their disputes to court (§17A-6A-10(1)(f) – SB 453). That bill was passed by the State Senate on Wednesday and is pending in the House.
Compromise That Preserves Valid Claims Reached on Deliberate Intent Legislation: WVAJ Thanks Senate Leaders for Working with All Stakeholders on Bill
The West Virginia Association for Justice today announced that it had reached a compromise on proposed HB 2011, which deals with deliberate intent claims. Those claims arise when a worksite or equipment does not meet written safety standards and an employee is injured or killed. The compromise is the result of weeks of negotiation with Senate leadership and key stakeholders, including the West Virginia Coal Association and the West Virginia Business and Industry Council.
The West Virginia Association for Justice issued the following statement in response to the West Virginia Legislature’s passage of HB 2002, which changes state law on comparative fault, apportionment of damages and how damages are reallocated among defendants if one is unable to compensate the plaintiff.
The West Virginia Association for Justice urged the State Senate to reject a bill that denies senior citizens harmed in nursing homes that right to trial by jury. SB 493 allows a medical power of attorney to waive the patient’s right to jury trial. If there is no medical power of attorney, the State of West Virginia is allowed to waive that right on behalf of the patient.
Pharmaceutical Industry Wants Shield Law to Limit Liability for Dangerous Drugs, Medical Devices: SB 377 Passes Buck to State Doctors and Medical Professionals
The pharmaceutical industry is pushing the West Virginia Legislature to pass SB 377, which will shield drug and medical device manufacturers from liability when patients are harmed or killed. Instead of holding the manufacturer accountable, it shifts responsibility onto doctors and other “learned intermediaries.”
February 17, 2015
Asbestos Proposal Unnecessary, State’s Case Management Order Should Be National Model
The West Virginia Association for Justice today urged the State Senate Judiciary Committee to table proposed SB 411, the so-called Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos and Silica Claims Priority Act. West Virginia’s existing case management order (CMO) for asbestos cases handles these cases efficiently and has a system to prioritize cases so that cancer patients have their cases heard first. The case management order has been used for all cases filed after September 6, 2001, and should serve as a national model for how these cases are processed.
February 10, 2015
Does the West Virginia Legislature Support Higher Penalties for Killing Trees Than People?
If the West Virginia Legislature passes its proposed cap on punitive damages, a person will pay a higher penalty for chopping down a tree or digging up a plant than a corporation will pay when its reckless or intentional wrongdoing hurts a West Virginia resident or business. Proposed SB 421 limits punitive damages to two times compensatory damages even in actions where an individual was killed. West Virginia law provides three times damages when you remove trees or plants from a property without permission (West Virginia Code, §61-3-48a)
February 10, 2015
Corporations That Injure Workers Must Be Held Accountable: House Passage of HB 2011 Risks the Lives and Safety of West Virginia Workers
The West Virginia Association for Justice called the House passage of HB 2011 a mistake that risks the lives and safety of West Virginia workers. The legislation provides immunity to employers that endanger their workers because their worksites violate governmental and industry safety standards. The burden of proof is so high under the proposal, that it is easier to prove a murder case than a deliberate intent case like those addressed in the legislation. As written, there would be no liability even for catastrophic accidents like those at Sago, Aracoma and Upper Big Branch.
February 9, 2015
SB 6 Limits the Ability to Hold Negligent Facilities Accountable, Risks Lives and Safety of West Virginians: Legislature Can Reduce Lawsuits by Improving Standard of Care
The West Virginia Association for Justice today urged the West Virginia Legislature to reject proposed SB 6. Passage of bill would restrict the ability to hold negligent facilities accountable when West Virginians are seriously injured or killed. Rather than reduce accountability for wrongdoers, legislature should instead focus on increasing the standard of care.
February 5, 2015
WVAJ Issues a Challenge to West Virginia Citizens Against Lawsuit Abuse: Join Us in Statewide Public Forums on Our Civil Justice System
The West Virginia Association for Justice today issued a formal challenge to West Virginia Citizens Against Lawsuit Abuse for the two organizations to hold a series of public forums on the state’s civil justice system. WVAJ would work with CALA to schedule a minimum of five events throughout the state. The challenge was sent to CALA this morning via email and certified mail.
February 3, 2015
Lawmakers Should Call HB 2011 What It Is: The West Virginia Worker Murder Bill
The West Virginia Association for Justice today criticized the West Virginia Legislature for pushing HB 2011, which gives immunity to employers who knowingly risk the lives and safety of their workers—even when because their worksites violate governmental and industry safety standards. House Judiciary counsel admitted Monday that the draft legislation is so egregious that the burden of proof for one of these claims is higher than for first degree murder.
February 2, 2015
The Answer Is Simple—The Way to Reduce Lawsuits Is to Improve the Standard of Care: Official Statement on Senate Passage of SB 6
The West Virginia Association for Justice today is disappointed that the West Virginia State Senate passed SB 6, which limits claims against nursing homes to just a $250,000 cap on noneconomic damages. “It is outrageous that the West Virginia Senate would pass legislation to limit accountability for nursing homes at a time when the number of severe deficiencies in our state facilities has doubled in just four years. This legislation does absolutely nothing to address the serious problems in our nursing home industry,” said Anthony Majestro, president of the West Virginia Association for Justice.
January 30, 2015
Legislators Shouldn’t Award Insurance Companies That Don’t Pay Their Bills: West Virginians Should Be Priority, Not Industry Worth $670 Billion
The West Virginia Association for Justice today urged the West Virginia Legislature to reject proposed SB 308, which lowers the rates for pre and post-judgment interest. The law exists to encourage insurance companies to settle claims quickly when liability is clear and to pay verdicts owed to West Virginians.
December 15, 2014
Lawmakers, Business Leaders Should Demand Discredited Hellhole Attack Stop: Parroting So-Called “Report” Hurts West Virginia Economy and Workers
Charleston, W.Va. – The West Virginia Association for Justice today calls on West Virginia lawmakers and business leaders to stop citing the discredited “Judicial Hellhole” report. The so-called report does not provide accurate information on West Virginia’s legal climate and is an unwarranted attack that hurts the state’s national reputation and ability to attract new jobs.
October 20, 2014
Legislature Should Protect State Consumers and Responsible Debt Collectors, Not Collectors Whose Tactics Are Illegal
Charleston, W.Va. – The West Virginia Association for Justice today called on the West Virginia Legislature to preserve the West Virginia Consumer Credit and Protection Act to protect state families from illegal conduct by out-of-state creditors. Established in 1974, the WVCCPA governs consumer credit sales and loans and how banks and other creditors can collect from consumers.
October 6, 2014
CALA Continues to Deceive Voters on Candidate Contributions: Twists Facts Some Facts Beyond Recognition While Ignoring Others
Charleston, W.Va. – The West Virginia Association for Justice issued the following statement in response to the West Virginia Citizens Against Lawsuit Abuse’s ongoing effort to mislead West Virginia voters on contributions to legislative candidates: “West Virginia voters deserve complete and accurate information about who is donating to legislative candidates, but they are not going to get it from Citizens Against Lawsuit Abuse. CALA picks and chooses a few facts to scare West Virginia voters into giving up their constitutional rights to our civil courts and trial by jury,” said Anthony Majestro, president of the West Virginia Association for Justice.
August 12, 2014
CALA Misleading Voters on Candidate Contributions: Candidates Have Broad Support, Will Put West Virginia Interests First.
Charleston, W.Va. – The West Virginia Association for Justice issued the following statement in response to the West Virginia Citizens Against Lawsuit Abuse’s ongoing effort to mislead West Virginia voters on contributions to legislative candidates: “The CALA election playbook is clear. Take a few facts, twist and spin them and then attempt to scare West Virginia voters into giving up their constitutional rights to our civil courts and trial by jury. Yes, the candidates included on CALA’s list received contributions from trial lawyers, but CALA doesn’t bother to disclose that those donations represent just a fraction of what each candidate raised,” said Anthony Majestro, president of the West Virginia Association for Justice.
August 6, 2014
Stephen Skinner Named WVAJ Member of the Year
Charleston, W.Va. – Eastern Panhandle attorney Stephen Skinner has been named 2014 Member of the Year by the West Virginia Association for Justice. Skinner was presented with the Stanley E. Preiser Award at the association’s annual convention in June. He is an attorney with the Skinner Law Firm in Charles Town. In 2012, Skinner was elected to represent the 67th District in the West Virginia House of Delegates.
July 24, 2014
Jim Butch Named 2014 Advocate for Justice: Eagle Research Owner’s Fight Highlights Corporate Abuses of West Virginia-Owned Businesses
Charleston, W.Va. – The West Virginia Association for Justice’s 2014 Advocate for Justice Award was presented to Jim Butch, owner of Eagle Research Corporation in Hurricane, West Virginia. Established in 2011, the Advocate for Justice award recognizes a West Virginia plaintiff whose individual case showcases the importance of West Virginia’s civil justice system and results in a decision that could help other state consumers, workers or small businesses. The award was presented to Mr. Butch on June 5, 2014 by one of his attorneys, John Sutter with Charleston’s Sutter Law Firm.
June 18, 2014
Official Statement: WVSCA Decision in Heartland of Charleston Case
Charleston, W.Va. – The West Virginia Association for Justice issues the following statement in response to the West Virginia Supreme Court decision in the case against Heartland of Charleston, now part of Manor Care Inc.: “With this decision the West Virginia Supreme Court has sent a clear message to nursing home corporations operating in our state—when you intentionally put the lives of West Virginia seniors at risk by cutting corners to increase your profits, you will be held accountable for it,” said Anthony Majestro, president of the West Virginia Association for Justice.
June 16, 2014
Barbara Core Honored with Clerk of the Year Award
Charleston, W.Va. – Former Marion County Circuit Clerk Barbara A. Core was named Court Clerk of the Year by the West Virginia Association for Justice. The award was presented to Core on Friday, June 5 in conjunction with the association’s annual convention in Charleston. It was presented by Fairmont attorney Timothy J. Manchin, who is a past president of WVAJ. Core received the award in recognition of her work on the new electronic filing system being implemented by West Virginia courts statewide. She was selected by On-Line Information Services (OLIS) from Mobile, Alabama to be the consultant for West Virginia’s e-filing project, coordinating services between Software Systems of Morgantown, the West Virginia Supreme Court, circuit clerks’ offices and staff, attorneys and judges.
June 10, 2014
Charleston Attorney Named West Virginia Association for Justice President
Charleston, W.Va. – Charleston attorney Anthony Majestro was elected president of the West Virginia Association for Justice at the organization's annual convention earlier in June. Majestro is a partner with the Charleston firm Powell Majestro. "It is a tremendous honor to serve as president of the West Virginia Association for Justice and represent the exceptional lawyers who are members of our association. No organization does more to promote justice and protect the rights of every West Virginian--our workers, our consumers and our small business owners. I am proud of the work we do," Majestro said.
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