April 27, 2020
Governor Justice announced his plan for a partial re-opening of West Virginia. The “West Virginia Strong: The Comeback” plan requires that the state maintain a statewide cumulative percentage of positive COVID-19 test results below three percent for three consecutive days. The current cumulative percentage of positive coronavirus test results is 2.47%.
The plan permits businesses to reopen – but…
April 26, 2020
On April 24, 2020, the Supreme Court of Appeals of West Virginia issues an order (Docket No. 20-Rules-04) which “temporarily amend[s] certain rules governing the conduct of civil litigation under the West Virginia Rules of Civil Procedure.” The Court finds “[a]ccess to the courts requires that parties have the ability to conduct proceedings in civil cases, including hearings, depositions and…
April 24, 2020
On April 21, 2020, the Supreme Court of Appeals of West Virginia entered an amended order which extends the declaration of judicial emergency to May 15, 2020. Like the prior two orders, the order stays all in court proceedings and extends all deadlines:
[A]ll in-person proceedings and court deadlines, except the emergency proceedings described and other proceedings authorized herein, directed to…
April 17, 2020
On April 16, 2020, the West Virginia Department of Health and Human Resources, Bureau for Public Health (“BPH”) promulgated an emergency rule in response to the ongoing COVID-19 pandemic.1 This rule, titled Public Health Standards for Businesses Remaining Open During the COVID-19 Outbreak (hereafter referred to as the “Rule”), establishes uniform public health standards for businesses currently…
April 15, 2020
To stop the spread of the COVID 19 virus, Governor Wolf implemented social distancing practices through his Order on March 19, 2020, that prohibited “non-life-sustaining” businesses and cited the powers vested in him under 35 Pa. C.S. § 7301. Social distancing efforts are having a positive effect on the spread of the virus, but they have had a devastating economic impact on many businesses and…
April 10, 2020
In March, the U.S. Federal District Court for the Southern District of New York decided Solid Oak Sketches, LLC v. 2K Games, Inc.1, a dispute revolving around the use of tattoos on the players in a videogame. In the case, Solid Oak Sketches, LLC (“Solid Oak”), a tattoo designer and licensing company, alleged that videogame and software developers, 2K Games, Inc. and Take-Two Interactive Software…
April 7, 2020
On the heels of the declaration of a judicial emergency, a Kanawha County judge entered an order granting authority to the Kanawha County Sheriff and the Kanawha County Health Department “authority to, upon both parties agreement and when it is has become necessary to quarantine or isolate and restrict public movement of an individual who is infected or likely infected with COVID19, place a…
April 7, 2020
The ongoing pandemic is highlighting just how important reliable utility service is to public health and the functioning of society, especially in times of crisis. Potable water distribution, for example, has drastically reduced the incidence of disease throughout history and is continuing in that role today as people frequently wash their hands and sanitize surfaces to reduce the spread of…
April 6, 2020
West Virginia Insurance Commissioner Issues Orders and Bulletins related to COVID-19 Crisis
West Virginia Insurance Commissioner Jim Dodrill has been active in dealing with the COVID-19 crisis, issuing six Emergency Orders and a series of Insurance Bulletins. The Commissioner started issuing Bulletins on March 9, 2020. On March 13, 2020, the Commissioner declared an “insurance emergency”…
April 5, 2020
This weekend, Governor Justice of West Virginia issued two Executive Orders directing additional measures to protect the health and safety of citizens in several counties considered “hot spots” for COVID-19 virus spread. On Friday, April 3, 2020, he issued an order affecting Berkeley, Jefferson, and Morgan counties, announcing that 38% of the COVID-19 positive cases are in the three counties. On…
April 4, 2020
On April 3, 2020, the Supreme Court of Appeals of West Virginia entered an amended order which extends the declaration of judicial emergency to May 1, 2020.
This amended order makes it clear that there are to be no hearings or “in person contact” in the court system in civil cases. It provides protection to litigants by automatically canceling all hearings and deadlines that fall between March…
April 3, 2020
Among the many sectors that are provided relief under the CARES Act, higher education institutions are set to receive both appropriations and regulatory flexibility. The following discusses many of those provisions.
Of the roughly $2 trillion emergency funding provided under the CARES Act, $30.75 billion is included for an Education Stabilization Fund to provide assistance and relief to the…
April 27, 2020
Governor Justice announced his plan for a partial re-opening of West Virginia. The “West Virginia Strong: The Comeback” plan requires that the state maintain a statewide cumulative percentage of positive COVID-19 test results below three percent for three consecutive days. The current cumulative percentage of positive coronavirus test results is 2.47%.
The plan permits businesses to reopen – but…
April 26, 2020
On April 24, 2020, the Supreme Court of Appeals of West Virginia issues an order (Docket No. 20-Rules-04) which “temporarily amend[s] certain rules governing the conduct of civil litigation under the West Virginia Rules of Civil Procedure.” The Court finds “[a]ccess to the courts requires that parties have the ability to conduct proceedings in civil cases, including hearings, depositions and…
April 24, 2020
On April 21, 2020, the Supreme Court of Appeals of West Virginia entered an amended order which extends the declaration of judicial emergency to May 15, 2020. Like the prior two orders, the order stays all in court proceedings and extends all deadlines:
[A]ll in-person proceedings and court deadlines, except the emergency proceedings described and other proceedings authorized herein, directed to…
April 17, 2020
On April 16, 2020, the West Virginia Department of Health and Human Resources, Bureau for Public Health (“BPH”) promulgated an emergency rule in response to the ongoing COVID-19 pandemic.1 This rule, titled Public Health Standards for Businesses Remaining Open During the COVID-19 Outbreak (hereafter referred to as the “Rule”), establishes uniform public health standards for businesses currently…
April 15, 2020
To stop the spread of the COVID 19 virus, Governor Wolf implemented social distancing practices through his Order on March 19, 2020, that prohibited “non-life-sustaining” businesses and cited the powers vested in him under 35 Pa. C.S. § 7301. Social distancing efforts are having a positive effect on the spread of the virus, but they have had a devastating economic impact on many businesses and…
April 10, 2020
In March, the U.S. Federal District Court for the Southern District of New York decided Solid Oak Sketches, LLC v. 2K Games, Inc.1, a dispute revolving around the use of tattoos on the players in a videogame. In the case, Solid Oak Sketches, LLC (“Solid Oak”), a tattoo designer and licensing company, alleged that videogame and software developers, 2K Games, Inc. and Take-Two Interactive Software…
April 7, 2020
On the heels of the declaration of a judicial emergency, a Kanawha County judge entered an order granting authority to the Kanawha County Sheriff and the Kanawha County Health Department “authority to, upon both parties agreement and when it is has become necessary to quarantine or isolate and restrict public movement of an individual who is infected or likely infected with COVID19, place a…
April 7, 2020
The ongoing pandemic is highlighting just how important reliable utility service is to public health and the functioning of society, especially in times of crisis. Potable water distribution, for example, has drastically reduced the incidence of disease throughout history and is continuing in that role today as people frequently wash their hands and sanitize surfaces to reduce the spread of…
April 6, 2020
West Virginia Insurance Commissioner Issues Orders and Bulletins related to COVID-19 Crisis
West Virginia Insurance Commissioner Jim Dodrill has been active in dealing with the COVID-19 crisis, issuing six Emergency Orders and a series of Insurance Bulletins. The Commissioner started issuing Bulletins on March 9, 2020. On March 13, 2020, the Commissioner declared an “insurance emergency”…
April 5, 2020
This weekend, Governor Justice of West Virginia issued two Executive Orders directing additional measures to protect the health and safety of citizens in several counties considered “hot spots” for COVID-19 virus spread. On Friday, April 3, 2020, he issued an order affecting Berkeley, Jefferson, and Morgan counties, announcing that 38% of the COVID-19 positive cases are in the three counties. On…
April 4, 2020
On April 3, 2020, the Supreme Court of Appeals of West Virginia entered an amended order which extends the declaration of judicial emergency to May 1, 2020.
This amended order makes it clear that there are to be no hearings or “in person contact” in the court system in civil cases. It provides protection to litigants by automatically canceling all hearings and deadlines that fall between March…
April 3, 2020
Among the many sectors that are provided relief under the CARES Act, higher education institutions are set to receive both appropriations and regulatory flexibility. The following discusses many of those provisions.
Of the roughly $2 trillion emergency funding provided under the CARES Act, $30.75 billion is included for an Education Stabilization Fund to provide assistance and relief to the…
