Within the pages of our 2020 Q1 News Blast, you will find the latest updates on legal victories, how our firm is continuing to expand to our bordering states, an update on how SMS is responding to COVID-19 through ISO 27001 alignment, and more. We hope everyone is staying healthy and safe!

On January 30, 2020, Michael Dunham and Kathryn McCann-Slaughter tried Robey v. Clevenger in Winchester General District Court. The case stemmed from a collision that occurred on May 5, 2019, at the intersection of Pleasant Valley Road and Jubal Early Drive. Plaintiff contended that  Ms. Clevenger was attempting to make a left turn into the path of the Plaintiff, causing the collision. The Plaintiff alleged he suffered injuries including a concussion, cervical strain, and midline thoracic back pain. Ms. Clevenger contended that she was not making a left [...]

On March 20, 2020, The Circuit Court of Randolph County entered an order dismissing the West Virginia Regional Jail & Correctional Facility Authority (“WVRJCFA”) from a lawsuit. The WVRJCFA was represented by SMS attorney, Michael Dunham. The order was entered after the WVRJCFA moved the circuit court to dismiss the claims brought by Plaintiff because Plaintiff did not provide adequate pre-suit notice prior to filing suit. Under West Virginia law, at least thirty days prior to initiating a civil action against a State agency, a complaining party is required [...]

Claims Amongst COVID-19   On or about March 16, 2020, what has been identified as the first COVID-19 lawsuit was filed – a declaratory judgment action filed on behalf of the owners of Oceana Grill in New Orleans as against Lloyd’s of London and Louisiana Governor John Edwards. The suit alleges that the ‘all risk’ insurance policy Oceana purchased from Lloyd’s must cover the restaurant’s mandated reduction in hours of operation and the resulting business loss. Per Oceana (represented by Gauther Murphy & Houghtaling, LLC of New Orleans), the ‘all [...]

As we all adjust to the changing times around us, we are seeing our worlds and our workplaces a bit differently than even a month ago. We may see risks or opportunities that before now may have escaped us. Whether current events have given you time to reflect and renew, or have caused you to recognize new pressing legal questions, Shuman, McCuskey & Slicer, PLLC is here to help. In addition to the strong litigation representation and support you have come to expect from our firm, SMS Attorneys can [...]

CHARLESTON, WV - Associate, Kimberly M. Bandy, has been recognized by Best Lawyers in America© for her work in: Litigation - Insurance

On March 23, 2020, the Supreme Court of Appeals of West Virginia affirmed an order granting summary judgment for Kimco Realty Corporation, Kimco Riverwalk, 595, Inc., and Kimco Riverwalk, L.P. (collectively referred to as “Kimco”). Kimco was represented by SMS attorneys, Michael Dunham and Caleb David. Pursuant to a lease agreement entered into by and between Petitioners and Kimco, Kimco agreed to lease to Petitioners a commercial space pursuant to terms and conditions set forth in the lease agreement. After the agreement was entered into, Kimco sold its [...]

CHARLESTON, WV - Member, Roberta F. Green, has been recognized by Best Lawyers in America© for her work in: Litigation - Insurance Litigation - Labor and Employment