Spilman Thomas & Battle, PLLC

Spilman Center 300 Kanawha Boulevard, East
Charleston, WV 25321-0273, United States

  • 304.340.3800
  • 304.340.3801

Is Summary Judgment Unavailable for Sexual Harassment Claims? The Impact of the Walker v. Mod-U-Kraf Ruling on Sexual Harassment Claims in the Fourth Circuit

In modern employment litigation, the employer’s ultimate goal is to prevail at summary judgment, thereby avoiding the expense of trial and the unpredictability of a jury. A recent decision from the Fourth Circuit Court of…more
| Civil Procedure, Civil Rights, Labor & Employment Law

SuperVision Today - February 2015

In this edition of SuperVision Today, Carrie Harris examines how a recent Fourth Circuit decision on the scope of harassment could apply to you, Milind Dongre reviews a recent United States Supreme Court decision regarding when…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law, Immigration Law

The Shale Play Today - February 2015

In This Issue: - Now is the WOTUS of Our Discontent.....: "Waters of the United States" or "WOTUS" in the esoteric taxonomy of the Clean Water Act ("CWA"), is a term with which many are becoming increasingly…more
| Construction Law, Energy & Utilities, Environmental Law, Taxation

AST Act Update: Statutory Amendment Introduced

On February 3, 2015, House Bill 2574 ("HB 2574") was introduced in the West Virginia Legislature. HB 2574 proposes to remedy the unintended consequences to businesses created by the passage of the Aboveground Storage Tank Act…more
| Energy & Utilities, Environmental Law

Aboveground Storage Tank Act Update: Statutory Amendment Introduced

On February 3, 2015, House Bill 2574 (“HB 2574”) was introduced in the West Virginia Legislature. HB 2574 proposes to remedy the unintended consequences to businesses created by the passage of the Aboveground Storage Tank Act…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Now is the WOTUS of Our Discontent….

“Waters of the United States” or “WOTUS” in the esoteric taxonomy of the Clean Water Act (“CWA”), is a term with which many are becoming increasingly familiar. This deceptively simple phrase is anything but simple in its…more
| Administrative Law, Energy & Utilities, Environmental Law

Mach Mining and the Future of the EEOC’s Duty to Conciliate in Good-Faith Prior to Civil Litigation

Last year, individuals filed over 100,000 charges of Title VII violations with the Equal Employment Opportunity Commission (“EEOC” or “Commission”), thousands of which the EEOC has—and continues—to aggressively investigate and…more
| Civil Procedure, Civil Rights, Labor & Employment Law

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
| Civil Procedure, Labor & Employment Law

Enforcing a "Fair Day's Pay" - What Can You Do in the Face of This Initiative

The Department of Labor (“DOL”) announced in late 2012 it was launching a multi-year wage and hour enforcement initiative on Marcellus Shale contractors operating in Pennsylvania and West Virginia. Following that announcement,…more
| Labor & Employment Law, Energy & Utilities

The Shale Play Today - January 2015

In This Issue: - Enforcing a "Fair Day's Pay" - What Can You Do in the Face of This Initiative? - Pennsylvania Finds Naturally Occurring Radiation from Gas Drilling Poses Little Threat - Washington County…more
| Labor & Employment Law, Energy & Utilities, Environmental Law

First Party vs. Third Party – Who can sue for bad faith?

For the purpose of those individuals who undertake direct representations of insurers, it is significant to be able to recognize who can sue an insurer (their clients) for bad faith. Nine years have passed since the legislative…more
| Civil Procedure, Commercial Law & Contracts, Business Torts, Insurance

Employment Update: Executive Order 13658 Directs Changes to Minimum Wage for Federal Contractors Starting January 1, 2015

What is Executive Order 13658? On February 12, 2014, President Obama signed Executive Order 13658, “Establishing a Minimum Wage for Contractors,” as a means to increase the minimum wage for workers providing services…more
| Construction Law, Labor & Employment Law, Government Contracting

WVDEP Files Proposed Legislative Rule Implementing AST Act

In the latest development relating to West Virginia’s new aboveground storage tank (“AST”) legislation, on December 22, 2014, the West Virginia Department of Environmental Protection (“WVDEP”) filed with the West Virginia…more
| Environmental Law

The Bankruptcy Discharge, Debt Buyers, and Credit Reporting: Recent Developments

Recent news stories by The New York Times and NPR have brought much attention to a question that many creditors likely face on a regular basis: When a debt is sold to a debt buyer prior to the debtor entering bankruptcy, what…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking

Executive Compensation – It May be Limiting Your Choices

Many community banks have been under fire recently. Added regulatory burdens, additional disclosure responsibilities, cleaning up bad loans, streamlining the organization, staying ahead of cybersecurity threats, and, perhaps…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Taxation
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Areas of Practice
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  • North Carolina
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100+ Attorneys

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