Actions, Suits And Liens
West Virginia 2017 Regular Session
Relating to liability for health care providers who provide services at school athletic events [SB-497]
The purpose of this bill is to modify the liability of a physician offering volunteer care at school sporting events to provide that they may only be held liable for acts of gross negligence or willful misconduct.
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Relating to commencement of civil actions in magistrate court [SB-489]
The purpose of this bill is to amend the requirements of the statement relating to the nature of the cause of action for commencement of an action in magistrate court by commercial creditors.
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West Virginia 2017 Regular Session
Relating to medical professional liability [SB-465]
Relating to medical professional liability
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West Virginia 2017 Regular Session
Eliminating certain fees generated by suggestee executions [HB-2737]
The purpose of this bill is to eliminate certain fees generated by suggestee executions and to further streamline the collection of state moneys received as a result of certain court transactions or court services through more efficient technology.
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West Virginia 2017 Regular Session
Relating to venue in WV courts as applies to nonresidents [SB-451]
Relating to venue in WV courts as applies to nonresidents
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West Virginia 2017 Regular Session
Relating to class action safeguards [SB-450]
The purpose of this bill is to provide class action safeguards. It attempts to ensure that the class action mechanism is not used to eliminate required elements of proof and precludes statutory damages in class actions. It addresses awards of attorneys’ fees in class actions by requiring courts to consider the overall benefit of the settlement or judgment to the class and the ratio of the proposed fee to the overall benefit. It also addresses when an appeal lies from an order granting or denying class certification.
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West Virginia 2017 Regular Session
Changing the amounts of prejudgment and post-judgment interest to reflect today's economic conditions [HB-2678]
The purpose of this bill is to change the amounts of prejudgment and post-judgment interest to reflect today's economic conditions.
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West Virginia 2017 Regular Session
Relating to Medical Professional Liability [HB-2682]
The purpose of this bill is to amend the Medical Professional Liability Act by adding a definition for “occurrence,” providing for a preference of venue, establishing an attorney’s fees schedule based upon the amount recovered, establishing the effective date and providing for severability.
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West Virginia 2017 Regular Session
Granting immunity to health care providers [SB-397]
Granting immunity to health care providers
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West Virginia 2017 Regular Session
Preventing compensatory damage awards for medical expenses from including sums that the claimant has not and will not pay [HB-2647]
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.
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West Virginia 2017 Regular Session
Prohibiting a court from giving a jury an instruction commonly known as the “Allen Charge” to break a deadlock [HB-2634]
The purpose of this bill is to prohibit a court from giving a jury an instruction commonly known as the “Allen Charge” [Allen v. United States, 164 U. S. 492 (U. S. 1896)] to break a deadlock in jury deliberation to reach a verdict.
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West Virginia 2017 Regular Session
Relating to damages for medical monitoring [HB-2580]
The purpose of this bill is to establish limits applicable to the award of damages for medical monitoring.
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West Virginia 2017 Regular Session
Relating to admissibility of certain evidence in a civil action for damages [HB-2581]
The purpose of this bill is to allow admission of evidence in a civil action of the use or nonuse of a safety belt on the issues of negligence, contributory negligence, comparative negligence and failure to mitigate damages.
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West Virginia 2017 Regular Session
Allowing military personnel and reservists the additional five-year period to enter upon or recover land already allowed to infants and the insane [HB-2531]
The purpose of this bill is to allow military personnel and reservists the additional five-year period to enter upon or recover land already allowed to infants and the insane.
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West Virginia 2017 Regular Session
Permitting a housing authority to garnish delinquent rents and other amounts owed to the authority from the renter’s income tax refund [HB-2539]
Permitting a housing authority to garnish delinquent rents and other amounts owed to the authority from the renter’s income tax refund
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West Virginia 2017 Regular Session
Providing compensation to victims of abusive lawsuits [SB-342]
The purpose of this bill is to provide compensation to victims of abusive lawsuits; and provide that a party in a civil action is entitled to recover attorney’s fees and costs after a court dismisses a claim as lacking any basis in law or fact.
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West Virginia 2017 Regular Session
Creating offer of settlement [SB-340]
The purpose of this bill is to create an offer of settlement; acceptance or rejection; consequences; frivolous claims or defenses.
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West Virginia 2017 Regular Session
Relating to medical professional liability [SB-338]
The purpose of this bill is to amend the Medical Professional Liability Act by adding a definition for “occurrence,” providing for a preference of venue, establishing an attorney’s fees schedule based upon the amount recovered, establishing the effective date and providing for severability.
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West Virginia 2017 Regular Session
Relating generally to damages for medical monitoring [SB-287]
The purpose of this bill is to govern when and how civil damages for future medical monitoring expenses will be paid and administered.
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West Virginia 2017 Regular Session
Relating to increasing salary or wages of judgment debtor [SB-261]
The purpose of this bill is to increase the salary or wages of a judgment debtor, that may be exempt from execution by a judgment creditor, who is an employee of state, a state agency, or any political subdivision of the state, from 30 to 50 times the federal minimum hourly wage (then in effect). This increased exemption was changed for private employees who are judgment debtors during the 2016 Regular Session. Subsection (b) corresponds to language found in §38-5A-3, creating consistency for public and private employees.  The bill also requires
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