Insights

Stephen S. McCloskey and Thomas V. McCarron published an article for The Legal Intelligencer discussing the scope of waiver provisions to consequential damages incurred due to termination of the contract during construction.

In Park Plus, Inc. v. Palisades of Towson, LLC and Encore Development Corp., No. 7, Sept. Term, 2021, ___A.3d ___, 2022 WL 883679, available here, the Court of Appeals of Maryland held that, without language in an arbitration agreement providing otherwise, a petition to compel arbitration filed under the Maryland Uniform Arbitration Act (“MUAA”), Md. Code Ann., Courts and Judicial Proceedings (“CJ”) §§ 3-201, et…

Removal is the procedure for a party in a state-court action to move the lawsuit to federal court. For removal to be proper, a federal district court must possess subject matter jurisdiction over the case. Primarily, federal district courts possess subject-matter jurisdiction over claims where a plaintiff alleges a cause of action arising under federal law, and claims where the matter in controversy exceeds $75,000,…

Todd E. Saucedo and Jillian M. Petrella published an article in The Legal Intelligencer discussing how stay-at-home orders during the pandemic have required courts to address injuries for America’s nonessential work force while they work from home.

The West Virginia Office of the Insurance Commissioner has recently issued the new State average weekly wage for fiscal year 2022.

For a number of years, the creation of an intermediate appellate court in West Virginia has been considered and debated. However, the most recent West Virginia legislative session finally resulted in the creation of an intermediate appellate court. The creation of the Court will have an impact on litigation in terms of workers’ compensation matters in the State.