West Virginia Recent Legal Answers from Lawyers

As long as the loans are not cross-collateralized and you did not reaffirm the loan on the ATV, then you will have no further obligation on the ATV and should be able to retain the other vehicle as long as you remain current with the payments AND the bank that is secured by the other vehicle does not require a reaffirmation agreement. From a purely legal standpoint, even if you remain current with payments, a secured creditor may seek to repossess the vehicle under applicable state law if you do not timely reaffirm the debt with the bankruptcy court.   To the best of my knowledge, the only vehicle lenders that insist on reaffirmation agreements are Ford and Chrysler (and most credit unions). You have until your bankruptcy discharge is entered to reaffirm a debt. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

I do not know whether the particular Magistrate's court would have jurisdiction over this matter, but the appropriate West Virginia court should have jurisdiction.  It appears that the defendant has the requisite minimum contacts with West Virginia, having advertised in W.Va., negotiated an agreement with a W.Va. resident, and shipped goods into W.Va.  However, if you have a written agreement, you should look at what it says about jurisdiction.  Many contracts provide for an agreed jurisdiction if any dispute arises.... Read Answer

If they provided your father with the wrong blood type and because of that reason he died then I believe you do have a case.  If you would like to discuss it further, feel free to either call me at 312-553-5300 or you can email me at James@bkchicagolaw.com.   Also feel free to visit my website at www.karamanislaw.com. I look forward to hearing from you,   James A. Karamanis Attorney at Law  ... Read Answer

Most oral agreements are enforceable, and this appears to be one which would be.  You can sue your ex-friend for breach of the agreement.  You may also be able to recover what is known as quantum meruit, that is the fair market value of your services, even if you cannot prevail on the contract. ... Read Answer

The supervisor may be creating a "hostile work environment" which constitutes sex discrimination prohibited by the West Virginia Human Rights Act (as well as Title VII under feder law).  Where the conduct of employees (and it does not necessarily have to be a supervisor) creates a "sexually charged" environment which is sufficiently pervasive that it interferes with a reasonable person's ability to perform the functions of their job(s), a "sexually hostile work environment" may exist.  Remember that a single event or even a series of such events over a longer period of time might be considered "shop talk" and may not be considered "sufficiently pervasive" to create the hostile work environment. Where a supervisor is the one creating the hostile work environment, the employer would be charged with knowledge of, and acquesence to, the conduct in most cases.  As such, the employer could be liable for the conduct. We regularly provide training for our clients designed to assist them in detecting and preventing such conduct.  We point out that under West Virginia law, not only the employer but also an individual supervisor may be held liable for any violation, and we teach that the employer should not tolerate such conduct. I suggest you contact the West Virginia Human Rights Commission. ... Read Answer

It may be that your doctor believed he removed everything, and he was mistaken. That may or may not be negligent. To know, an attorney would have to have your records reviewed by an expert.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

No.  Notification can be made at any time after the employer makes the decision to suspend the employee.  In addition, it is not always possible to notify the employee immediately since the employee may not be at work, may be at another location, or may otherwise be unavailable when the decision is made.... Read Answer

If the bad checks are showing up as misdemeanors than you were likely charged with some crime in the past and somehow were never aware of this.  If you can get a copy of the background check, you need to find out what court these charges were brought so you can take care of them.  You may need to finally enter a plea, pay fines, etc.  Once those cases are resolved, then you may be able to get them expunged if you meet the requirements to get them expunged.  You need to consult an attorney licensed in West Virginia to discuss specifics on these processes.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read Answer

You are allowed to file for bankruptcy protection despite previous filings.  The question of how long depends on numerous issues. Please read: http://thismatter.com/money/credit/bankruptcy/discharge.htm You should consult a local bankruptcy attorney.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is an appropriate path to pursue. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

If anyone attacks another, they will face repercussions, regardless of whether the acts constitute a criminal or civil matter.  Any disability may constitute grounds for harsher punishment depending on the type of relationship to the disabled, and/or the state in which the injury occurred. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

A spouse has the right to file either individually, or jointly in bankruptcy.  Therefore, if one spouse chooses to file without the other spouse's agreement he/she still may file. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

At face value it sounds like you received negligent medical care.  The big question is whether you have a financially viable case. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake. I probably would not take on your case because I do not think I would be able to cover the time I spent on it with the fees I was awarded through a contingency arrangement. Nevertheless, attorneys have different standards. Some attorneys will take on cases that are less profitable because they do not have sufficient business to turn borderline cases away. Additionally, you may be able to convince an attorney to take the case on if you agree to pay the expenses along the way.   If you do want to investigate a case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

There is actually a case decided by the West Virginia Supreme Court of Appeals on this point.  In Haynes v. Rhone-Poulenc, the WVSCA held that complications resulting from pregnancy constitute a disability under W.Va. law, and that an employer must offer the employee "reasonable accommodation" for that disability, including but not limited to modification of leave policies to allow the employee to return to work after the medical leave.  In such cases the fact the condition is pregnancy related usually means the employer should have a reasonably good idea when the employee will return to work, and therefore may be required to hold the position - or an equivalent position - open pending the woman's return.  Whether or not that applies in your case, however, would depend on the specific facts of your case such as 1) whether the employer had to fill the position our of "business necessity," 2) whether the employer could have continue to hold the position open by using a temporary employee, etc. 3) whether your doctor had provided the employer with a specific date upon which the physician anticipated you would be cleared to return, and 4) whether the employer had an available position at the time you were released to return.... Read Answer