David Bosak

David Bosak

Spilman Thomas & Battle, PLLC

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Latest Publications


West Virginia Legislature May Put the "Deliberate" Back In Deliberate Intent Claims

House Bill 2011 was introduced in the West Virginia legislature by the new Republican majority on the first day of the legislative session. This same bill was introduced in the Senate as Senate Bill No. 11. The purpose of HB...more

1/26/2015 - Actual or Constructive Knowledge Employer Liability Issues Proposed Legislation Workplace Hazards

ALERT: West Virginia Business Courts Division - Amendments to the Rules

For the past several years, Spilman Thomas & Battle has been an active participant in the West Virginia Business Court Division ("BCD"). After two years of cases, the BCD's leaders presented improvements to the West...more

12/8/2014 - Business Court Division Proposed Amendments

ERISA Fiduciary Duties and the Tension Between the Affordable Care Act and the Religious Freedom Restoration Act

The Patient Protection and Affordable Care Act ("ACA") has significantly changed the healthcare industry in the United States. Among the many changes is the new requirement that healthcare providers must provide all "Food...more

1/30/2014 - Affordable Care Act Contraceptive Coverage Mandate Contraceptives ERISA FDA Fiduciary Duty Healthcare Hobby Lobby Religion RFRA

Hersh v. E-T Enterprises Ltd. and The Elimination of the Open and Obvious Doctrine

On November 12, 2013, the West Virginia Supreme Court of Appeals released its decision in Hersh v. E-T Enterprises, Ltd., et al., No. 12-0106. This landmark decision overturns more than 100 years of West Virginia precedent by...more

11/19/2013 - Foreseeability Negligence Premises Liability Trespass

The Construct: Your Guide to Law in the Construction Industry - November 2013

In This Issue: - Contractor Alert: Help Available for Small Businesses in the HUB Zone Program: Recognizing that our country -- our "team," if you will -- is stronger when all our players are on the field and...more

11/13/2013 - Construction Contracts Construction Defects Contractors Entrepreneurs HUBZone Small Business

A Full 180 -- The West Virginia Supreme Court of Appeals' New Position on Liability Insurance and Defective Workmanship

Since 1965, the West Virginia Supreme Court of Appeals has consistently held that defective workmanship that caused bodily injury or property damage did not constitute an “occurrence” under a policy of commercial general...more

8/14/2013 - Bodily Injury Commercial General Liability Policies Faulty Workmanship Insurance Industry

The West Virginia Business Court Division - An Update

On September 25, 2012, Spilman Thomas & Battle released an article discussing the key features of the new West Virginia Business Court Division (“BCD”). Since the date of that release, there have been multiple...more

1/31/2013 - Business Court Division Judicial Appointments

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