Actions, Suits And Liens

State (West Virginia)
West Virginia 2020 Regular Session

Modifying the Fair Trade Practices Act [HB-2478]
The purpose of this bill is to modify the Fair Trade Practices Act with regard to costs and damages.

  

Sponsored by: Rep. Chad Lovejoy Chapter 312, Acts, Regular Session, 2020 on 04/15/2020

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State (West Virginia)
West Virginia 2020 Regular Session

Clarifying what constitutes an action requiring service to the Attorney General and notice to the Legislature [HB-2642]
The purpose of this bill is to clarify that actions that do not require monetary payments by a government agency, and other similar actions, do not mean “judgment” as defined in this article, and therefore do not require prior notice to the Legislature and Attorney General.

  

Sponsored by: Rep. Tim Miley Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2020 Regular Session

Relating to preventing compensatory damage awards for medical expenses from including certain sums [HB-2725]
The purpose of this bill is to prevent compensatory damage awards for medical expenses from including sums that the claimant has not and will not pay for medical care or treatment.

  

Sponsored by: Rep. Geoff Foster Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2020 Regular Session

Prohibiting provisions within settlement agreements that prevent the disclosure of factual information related to a claim filed in a civil action [HB-3011]
The purpose of this bill is to prohibit provisions within settlement agreements that prevent the disclosure of factual information related to a claim filed in a civil action or a complaint filed in an administrative action, regarding: (1) Sexual assaults; (2) acts of sexual harassment; (3) acts of discrimination and harassment, retaliation or failure to prevent an act of harassment based on sex in the workplace; and (4) acts of discrimination and harassment, or retaliation based on sex in violation of the West Virginia Fair Housing Act. The bill (continued...)

  

Sponsored by: Rep. Barbara Fleischauer Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2017 Regular Session

Requiring presuit mediation for civil actions filed in court [SB-649]
The purpose of this bill is to require mediation to occur prior to filing most civil actions.

  

Sponsored by: Sen. Michael Woelfel Filed For Introduction on 03/18/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Defining crime of filing fraudulent claim against doctor [SB-668]
The purpose of this bill is to define the crime of filing a fraudulent claim against a doctor.

  

Sponsored by: Sen. Ronald Miller Filed For Introduction on 03/18/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating generally to tax procedures and administration [SB-622]
Relating generally to tax procedures and administration

  

Sponsored by: Sen. Mike Hall Vetoed By Governor 4/25/17 on 04/25/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Limiting recoverable damages when patient transferred from one health care facility to another [SB-616]
The purpose of this bill is to limit recoverable damages when a patient has been transferred from health care facility to another health care facility. The bill provides an exception.

  

Sponsored by: Sen. Robert Plymale Filed For Introduction on 03/15/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Limiting recoverable damages when a patient has been transferred from health care facility to another health care facility [HB-3024]
The purpose of this bill is to limit recoverable damages when a patient has been transferred from health care facility to another health care facility. The bill provides an exception.

  

Sponsored by: Rep. Carol Miller Filed For Introduction on 03/14/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Providing that a person when being attacked in a place that is not his or her home should retreat instead of using deadly force [HB-3017]
This purpose of this bill is to provide that a person when being attacked in a place that is not his or her home should retreat instead of using deadly force when deadly force is not necessary.

  

Sponsored by: Rep. Barbara Fleischauer Filed For Introduction on 03/14/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Codifying the application of the compelling interest test and strict scrutiny standard involving rights enumerated under the First Amendment [HB-3097]
The purpose of this bill is to ensure that, in all cases where state action is alleged to substantially burden the exercise of a First Amendment right, a compelling interest test is mandated, and, strict scrutiny is applied.

  

Sponsored by: Sen. Karen Arvon Filed For Introduction on 03/14/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Allocating disability or death benefits resulting from an occupational pneumoconiosis claim among the claimant’s employers on a proportional basis [HB-3003]
The purpose of this bill is to require the Workers’ Compensation Commission to allocate disability or death benefits resulting from an occupational pneumoconiosis claim among the claimant’s employers on a proportional basis.

  

Sponsored by: Sen. Karen Arvon Filed For Introduction on 03/14/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating to appeals as a matter of right in the West Virginia Supreme Court of Appeals [HB-3030]
The purpose of this bill is to clarify that appeals to the Supreme Court are a matter of right and that every party has an opportunity to be heard. The bill sets forth exceptions.

  

Sponsored by: Rep. Tim Armstead Communicated To Senate on 04/08/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating to civil lawsuit filing fees for multiple defendant civil action [HB-2980]
The purpose of this bill is to add a $10 fee for each additional defendant plead in a civil action.

  

Sponsored by: Rep. Nancy Foster Chapter 96, Acts, Regular Session, 2017 on 05/23/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Eliminating tax lien waiver requirement for estates of nonresidents [SB-594]
The purpose of this bill is to eliminate the requirement that the personal representative of a nonresident decedent apply to the Tax Commissioner for a certificate releasing all real property situate in this state from any estate tax lien, because West Virginia does not impose an estate tax or an inheritance tax on estates of persons dying after December 31, 2004.

  

Sponsored by: Sen. Mike Hall Filed For Introduction on 03/13/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating to the sale of items in the State Police Academy post exchange to the public [HB-2939]
The purpose of this bill is to allow the superintendent the ability to expand the sale of items from the post exchange to the general public.

  

Sponsored by: Sen. Bill Hamilton Chapter 205, Acts, Regular Session, 2017 on 05/23/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating generally to shooting ranges [SB-575]
The purpose of this bill is to limit nuisance actions against shooting ranges for noises. The bill prohibits ordinances regulating to shooting ranges that are more stringent than such ordinances in effect at the time a shooting range was constructed or planned.

  

Sponsored by: Sen. Charles Trump Chapter 5, Acts, Regular Session, 2017 on 05/23/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Creating medical malpractice peer review panel by Board of Medicine [SB-560]
The purpose of this bill is to establish a medical malpractice peer review panel by the Board of Medicine to review medical malpractice and medical malpractice-related claim.

  

Sponsored by: Sen. Robert Plymale Committee Substitute Reported, Without Rec., But First To Judiciary Then Finance on 03/27/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Changing the number of strikes in jury selection in felony cases [HB-2828]
The purpose of this bill is to decrease the number of strikes a defendant has in a criminal proceeding from six to four from a panel of potential jurors. The bill increases the number of strikes the prosecution has from two to four. The bill also sets forth the order the strikes are to be taken.

  

Sponsored by: Rep. Rodney Miller On 3rd Reading, Special Calendar on 03/21/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Relating to civil actions for damages brought against county commissions and municipalities [SB-562]
The purpose of this bill is to reform the liability of municipalities and county commissions for civil actions brought by reason of a slip and fall injury due to defect or disrepair of municipal or county owned property.

  

Sponsored by: Sen. Craig Blair To House Judiciary on 03/30/2017

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