Steptoe & Johnson PLLC

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400 White Oaks Boulevard
Bridgeport, West Virginia 26330, United States
Phone: (304) 933-8000
Fax: (304) 933-8183
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Colorado
  • Kentucky
  • Ohio
  • Pennsylvania
  • Texas
  • West Virginia
Number of Attorneys
100+ Attorneys

“Avoid Groundhog Day – Get An Emergency Response Plan In Place!”

On Groundhog Day, Punxsutawney Phil saw his shadow, signaling six more weeks of winter. Given the likely bad weather, these six weeks of “down time” are the perfect opportunity for construction professionals to develop, review,…more

Construction Industry, Disaster Preparedness, Emergency Management Plans, Employer Liability Issues, Natural Disasters

See all updates »

The Rollback of Immunity for Healthcare Institutions under Mahmoodian

A recent decision by the West Virginia Supreme Court of Appeals could significantly increase the potential for litigation arising from adverse privileging decisions by healthcare institutions in the state. Under the Court’s…more

Emotional Distress Damages, Health Care Providers, Healthcare Facilities, Physicians, Privileges and Immunities

See all updates »

Third-Party Bad Faith Is Dead Again!

Back in June 2016, we reported on a 3-2 Memorandum Decision of the Supreme Court of Appeals of West Virginia (“WVSCA”) which appeared to be a disguised (and prohibited) third-party bad faith claim under a liability policy. In…more

Appeals, Auto Insurance, Bad Faith, Commercial General Liability Policies, Common Law Claims

See all updates »

Sixth Circuit Vacates Nationwide WOTUS Rule Injunction

As anticipated, the 6th Circuit Court of Appeals took the formal action of vacating its temporary injunction which had enjoined the enforcement of the Obama-era rule which redefined Waters of the United States (WOTUS) nationwide…more

EPA, Jurisdiction, Land Developers, New Rules, Public Comment

See all updates »

Has the CMS Done an About Face as it Relates to Arbitration?

Has the Centers for Medicare & Medicaid Services (CMS) abandoned its previously adopted Final Rule prohibiting mandatory nursing home arbitration?  The recent decision by the CMS to forego its Fifth Circuit appeal of the…more

Arbitration Agreements, CMS, Final Rules, Health Care Providers, Long Term Care Facilities

See all updates »

PA Superior Court Answers Question of Whether Fair Share Act Applies to Strict Liability Asbestos Claims

On December 28, 2017, the Pennsylvania Superior Court published an anticipated ruling on whether the Pennsylvania Fair Share Act, 42 Pa. C.S. 7102, applies to strict liability claims in the context of an alleged asbestos-related…more

Appropriation, Asbestos, Asbestos Litigation, Bankruptcy Code, Causation

See all updates »

The Rollback of Immunity for Healthcare Institutions under Mahmoodian

A recent decision by the West Virginia Supreme Court of Appeals could significantly increase the potential for litigation arising from adverse privileging decisions by healthcare institutions in the state. Under the Court’s…more

Emotional Distress Damages, Health Care Providers, Healthcare Facilities, Physicians, Privileges and Immunities

See all updates »

Title IX: Now What?

When Education Secretary Betsy DeVos delivered her Title IX address last Thursday at George Mason University, many expected the Department of Education was about to revoke the agency’s guidance set forth in the 2011 Dear…more

Colleges, Department of Education, Due Process, Interim Rule, Notice and Comment

See all updates »

West Virginia Legislature Passes Cotenancy Modernization and Majority Protection Act

On March 5, 2018, the West Virginia Legislature completed legislative action on and passed House Bill 4268, known as the Cotenancy Modernization and Majority Protection Act. The bill will now be delivered to the Governor’s desk…more

Energy Projects, Energy Sector, Gas Royalties, Land Developers, Land Owners

See all updates »

Proposed Regulatory Updates Will Require Increased Analysis of New Loans to Determine if Different Risk Weight Exposures Apply

On September 27, 2017, the principal federal banking agencies, the Board of Governors of the Federal Reserve, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency, released a Notice of…more

Banks, Basel III, Commercial Real Estate Market, Construction Loans, Dodd-Frank

See all updates »

Risk Associated with Failure of Programs to Gain Timely Accreditation

In an effort to add new programs to meet the needs and interests of students and faculty, many colleges and universities will admit students to programs that are still in the process of seeking the necessary accreditation. The…more

Accreditation, Appeals, Colleges, Nurses, Risk Mitigation

See all updates »

Highest Court Affirms Insurance Company’s Interpleader

On March 13, 2018, the West Virginia Supreme Court of Appeals held that an insurance company can pay the proceeds of a life insurance policy into the court when there is a dispute as to who is the rightful beneficiary. At…more

Beneficiaries, Estate Planning, Insurance Industry, Insurance Litigation, Interpleaders

See all updates »

West Virginia State Tax Department Files Administrative Notices To Provide Guidance Regarding the Valuation of Producing Oil and Natural Gas Wells

On February 1, 2018, the West Virginia State Tax Department (the “State Tax Department”) filed its annual Administrative Notices with the West Virginia Secretary of State’s Office in order to provide guidance regarding various…more

Legislative Agendas, Natural Gas, Oil & Gas, Operating Costs, Property Tax

See all updates »

Has the CMS Done an About Face as it Relates to Arbitration?

Has the Centers for Medicare & Medicaid Services (CMS) abandoned its previously adopted Final Rule prohibiting mandatory nursing home arbitration?  The recent decision by the CMS to forego its Fifth Circuit appeal of the…more

Arbitration Agreements, CMS, Final Rules, Health Care Providers, Long Term Care Facilities

See all updates »

First Look - Winter Issue 2018

This past year, the Insurance Company Team recently welcomed six new team members from The Woodlands, Texas office of Steptoe & Johnson PLLC. The combined experience of the new members brings decades of Texas focused…more

Additional Insured, Auto Insurance, Commercial General Liability Policies, Construction Industry, Construction Project

See all updates »

First Look - Winter Issue 2018

This past year, the Insurance Company Team recently welcomed six new team members from The Woodlands, Texas office of Steptoe & Johnson PLLC. The combined experience of the new members brings decades of Texas focused…more

Additional Insured, Auto Insurance, Commercial General Liability Policies, Construction Industry, Construction Project

See all updates »

New West Virginia Contractor Disclosure Effective July 7

Beginning on July 7, 2017, contractors performing West Virginia state contracts worth $100,000 or more are required to publicly disclose the names of their owners, subcontractors, and other business entities providing work or…more

Business Ownership, Construction Industry, Disclosure Requirements, General Contractors, State Contractors

See all updates »

The “As-Is, Where-Is” Disclaimer – How Strong Is It?

A bank is planning to sell equipment collateral – either repossessed equipment taken after a borrower’s default or leased equipment that has been returned by a lessee at the end of the lease term. [In this article, the term…more

Acceptance, Aircraft Sales, As-Is Clauses, Banks, Breach of Warranty

See all updates »

West Virginia Workplace Freedom Act: Free From Injunction

During the 2016 Regular Session of the West Virginia Legislature, Senate Bill 1 – otherwise known as the “West Virginia Workplace Freedom Act” – became law after that Legislature overrode a gubernatorial veto on February 12,…more

Appeals, Congressional Override, Governor Vetoes, Labor Relations, New Legislation

See all updates »

Risk Associated with Failure of Programs to Gain Timely Accreditation

In an effort to add new programs to meet the needs and interests of students and faculty, many colleges and universities will admit students to programs that are still in the process of seeking the necessary accreditation. The…more

Accreditation, Appeals, Colleges, Nurses, Risk Mitigation

See all updates »

West Virginia Supreme Court Decision Clears the Way for Legal Reform

On June 16, 2017, the Supreme Court of Appeals of West Virginia delivered its opinion in the matter of Martinez v. Asplundh Tree Expert Co., which involved consideration of whether two key pieces of West Virginia’s Legislative…more

Back Pay, Compensatory Damages, Congressional Intent, Double Recovery, Employment Litigation

See all updates »

[Webinar] New Developments Impacting the Oil and Gas Industry - August 31st, 12:00pm ET

In this webcast, Diana Prulhiere and David Little will provide a high level overview of recent regulatory and litigation matters in Colorado affecting the oil and gas industry, as well as an update on recent regulatory…more

Mining, Oil & Gas, Permits, Regulatory Standards, Trump Administration

See all updates »

Use This Checklist to Assess Your Cybersecurity Preparedness

When was the last time your organization did an assessment of its cybersecurity preparedness? October was designated as Cybersecurity Awareness Month. Even though October is coming to a close, it is important to continue your…more

Cyber Insurance, Cybersecurity, Data Privacy, Data Protection, Data Security

See all updates »

Reed College’s Student Workers Will Be Permitted to Hold Union Election

Reed College has been directed to permit a subset of its student workers (known as Housing Advisers or HAs) to hold an election to form a union. Reed College opposed an election arguing that: 1) HAs cannot meet the statutory…more

Collective Bargaining, Colleges, Columbia University, Educational Institutions, NLRB

See all updates »

The Rollback of Immunity for Healthcare Institutions under Mahmoodian

A recent decision by the West Virginia Supreme Court of Appeals could significantly increase the potential for litigation arising from adverse privileging decisions by healthcare institutions in the state. Under the Court’s…more

Emotional Distress Damages, Health Care Providers, Healthcare Facilities, Physicians, Privileges and Immunities

See all updates »

NLRB Vacates Hy-Brand Decision

On February 26, 2018, the National Labor Relations Board (“NLRB”) issued an Order vacating its decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017) (“Hy-Brand”). The decision to…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Joint Employers, Labor Policies

See all updates »

“Avoid Groundhog Day – Get An Emergency Response Plan In Place!”

On Groundhog Day, Punxsutawney Phil saw his shadow, signaling six more weeks of winter. Given the likely bad weather, these six weeks of “down time” are the perfect opportunity for construction professionals to develop, review,…more

Construction Industry, Disaster Preparedness, Emergency Management Plans, Employer Liability Issues, Natural Disasters

See all updates »

WV Supreme Court Kicks Failure to Warn Case Under Michigan Law

The West Virginia Supreme Court of Appeals recently upheld the Mass Litigation Panel’s grant of summary judgment against a class of Plaintiffs alleging birth defects resulting from the use of prescription medicine in Michigan…more

Birth Defects, Failure To Warn, FDA, Jurisdiction, Manufacturers

See all updates »

WV Supreme Court Kicks Failure to Warn Case Under Michigan Law

The West Virginia Supreme Court of Appeals recently upheld the Mass Litigation Panel’s grant of summary judgment against a class of Plaintiffs alleging birth defects resulting from the use of prescription medicine in Michigan…more

Birth Defects, Failure To Warn, FDA, Jurisdiction, Manufacturers

See all updates »

First Look - Fall 2017: Issues and Developments in Insurance Law

“Insureds may wish, or be contractually obligated, to extend their insurance coverage to other individuals or entities,” commonly referred to as additional insureds. In fact, in certain industries, additional insured provisions…more

Additional Insured, Commercial General Liability Policies, Construction Industry, Contract Interpretation, Contract Terms

See all updates »

Title IX: Now What?

When Education Secretary Betsy DeVos delivered her Title IX address last Thursday at George Mason University, many expected the Department of Education was about to revoke the agency’s guidance set forth in the 2011 Dear…more

Colleges, Department of Education, Due Process, Interim Rule, Notice and Comment

See all updates »

First Look - Winter Issue 2018

This past year, the Insurance Company Team recently welcomed six new team members from The Woodlands, Texas office of Steptoe & Johnson PLLC. The combined experience of the new members brings decades of Texas focused…more

Additional Insured, Auto Insurance, Commercial General Liability Policies, Construction Industry, Construction Project

See all updates »

Blockchain Technology Expected to Disrupt the Electrical Grid

There has been some speculation that blockchain technology could ultimately be used to help eliminate or curtail the role of utilities in the energy market. Nossa doesn’t see that as likely…more

Blockchain, Electricity, Energy Sector, Solar Energy, Startups

See all updates »

Use This Checklist to Assess Your Cybersecurity Preparedness

When was the last time your organization did an assessment of its cybersecurity preparedness? October was designated as Cybersecurity Awareness Month. Even though October is coming to a close, it is important to continue your…more

Cyber Insurance, Cybersecurity, Data Privacy, Data Protection, Data Security

See all updates »

Local Drone Laws: They May Be Free Fallin'

Recently, a federal judge decided that a city ordinance limiting a person’s right to use unmanned aircraft vehicles (“UAV” or drones) was pre-empted by federal law. This is an important decision for those aviators who regularly…more

Aviation Industry, Drones, Federal Aviation Administration (FAA), Local Ordinance, Registration Requirement

See all updates »

New Ohio Court Ruling Tackles Issues Critical to Lessees

Another significant oil and gas law decision has recently been published out of the Ohio Seventh District Court of Appeals. In the case of Hogue v. Whitacre, 2017-Ohio-9377, released on December 22, 2017, the Seventh District…more

Appeals, Commercial Leases, Mineral Leases, Oil & Gas, Operating Costs

See all updates »

First Look - Fall 2017: Issues and Developments in Insurance Law

“Insureds may wish, or be contractually obligated, to extend their insurance coverage to other individuals or entities,” commonly referred to as additional insureds. In fact, in certain industries, additional insured provisions…more

Additional Insured, Commercial General Liability Policies, Construction Industry, Contract Interpretation, Contract Terms

See all updates »

[Webinar] New Developments Impacting the Oil and Gas Industry - August 31st, 12:00pm ET

In this webcast, Diana Prulhiere and David Little will provide a high level overview of recent regulatory and litigation matters in Colorado affecting the oil and gas industry, as well as an update on recent regulatory…more

Mining, Oil & Gas, Permits, Regulatory Standards, Trump Administration

See all updates »

First Look - Fall 2017: Issues and Developments in Insurance Law

“Insureds may wish, or be contractually obligated, to extend their insurance coverage to other individuals or entities,” commonly referred to as additional insureds. In fact, in certain industries, additional insured provisions…more

Additional Insured, Commercial General Liability Policies, Construction Industry, Contract Interpretation, Contract Terms

See all updates »

Do You Pass The Test? New Safer Workplaces Act Expands And Limits Drug And Alcohol Testing

As noted in our June 2017 Employment Law Letter, the West Virginia Legislature passed the West Virginia Safer Workplaces Act.  The new law, which went into effect on July 7, 2017, generally expands the circumstances under which…more

Adverse Employment Action, Drug Testing, Employment Policies, Hiring & Firing, Job Applicants

See all updates »

Illinois Supreme Court Issues Opinion that May Change Asbestos Litigation Landscape

On September 21, 2017 the Supreme Court of the State of Illinois issued a personal jurisdiction opinion that may change the national landscape of asbestos litigation. Aspen American Insurance Company v. Interstate…more

Asbestos Litigation, Domicile, General Jurisdiction, IL Supreme Court, Personal Jurisdiction

See all updates »

West Virginia Supreme Court Applies Ohio Mixed Dust Exposure Statute

Recently, in State ex rel. American Electric Power v. Swope, the West Virginia Supreme Court ordered the dismissal of a number of mixed dust exposure cases. Dozens of persons brought claims alleging injuries as a result of…more

Appeals, Coal Industry, Combustible Dust, Forum Shopping, lex loci delicti

See all updates »

Silica Limits for Oil and Gas Operations

June 23, 2018 will bring new standards into play for the producers of our nation’s oil and gas resources, particularly the unconventional operations utilizing hydraulic fracturing. The long expected regulations on exposure to…more

Fracking, Hazardous Substances, Oil & Gas, OSHA, Safety Precautions

See all updates »

NLRB Vacates Hy-Brand Decision

On February 26, 2018, the National Labor Relations Board (“NLRB”) issued an Order vacating its decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017) (“Hy-Brand”). The decision to…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Joint Employers, Labor Policies

See all updates »

Highest Court Affirms Insurance Company’s Interpleader

On March 13, 2018, the West Virginia Supreme Court of Appeals held that an insurance company can pay the proceeds of a life insurance policy into the court when there is a dispute as to who is the rightful beneficiary. At…more

Beneficiaries, Estate Planning, Insurance Industry, Insurance Litigation, Interpleaders

See all updates »

Court Affirms Denial of Board of Public Education's Summary Judgment Motion in Asbestos Case

Earlier this year, the Commonwealth Court of Pennsylvania upheld a denial of a motion for summary judgment filed by the Pittsburgh School District’s Board of Public Education (“PBE”). Geier v. Bd. of Pub. Educ. of the Sch…more

Asbestos Litigation, Board of Education, Governmental Immunity, Motion for Summary Judgment, Public Schools

See all updates »

First Look - Fall 2017: Issues and Developments in Insurance Law

“Insureds may wish, or be contractually obligated, to extend their insurance coverage to other individuals or entities,” commonly referred to as additional insureds. In fact, in certain industries, additional insured provisions…more

Additional Insured, Commercial General Liability Policies, Construction Industry, Contract Interpretation, Contract Terms

See all updates »

PA Requires Oil and Gas Lessees to Withhold State Income Taxes from Nonresident Lessors

Under Act 43 of 2017 beginning January 1, 2018, anyone that pays Pennsylvania-source non-employee compensation or business income to a non-resident individual or disregarded entity that has a non-resident member, and is required…more

1099s, Business Taxes, Estate Tax, Income Taxes, Independent Contractors

See all updates »

Retirement Plans: The Fiduciary Landscape and Best Practices to Avoid Liability for Plan Investments

The landscape surrounding retirement plans maintained by institutions of higher education has been changing in recent years, although certain critical responsibilities that are imposed on plan sponsors have been in place since…more

401k, 403(b) Plans, 404(c) Plans, Benefit Plan Sponsors, DOL

See all updates »

Fumes, Ultraviolet Radiation from Welding Named Carcinogens by IARC

Welding fumes and ultraviolet radiation from welding have recently been classified as Group 1 carcinogens by the International Agency for Research on Cancer (IARC), the World Health Organization’s specialized cancer agency…more

Cancer, Toxic Exposure, World Health Organization

See all updates »

First Look - Winter Issue 2018

This past year, the Insurance Company Team recently welcomed six new team members from The Woodlands, Texas office of Steptoe & Johnson PLLC. The combined experience of the new members brings decades of Texas focused…more

Additional Insured, Auto Insurance, Commercial General Liability Policies, Construction Industry, Construction Project

See all updates »

Tax Reform Could Increase Employer Relocation Costs

The costs associated with employee relocation reimbursements may increase as a result of the Tax Cuts and Jobs Act (“Act”). This change affects both for-profit and nonprofit employers..…more

Compensation & Benefits, Employee Benefits, Employee Relocations, Income Taxes, IRS

See all updates »

New Ohio Court Ruling Tackles Issues Critical to Lessees

Another significant oil and gas law decision has recently been published out of the Ohio Seventh District Court of Appeals. In the case of Hogue v. Whitacre, 2017-Ohio-9377, released on December 22, 2017, the Seventh District…more

Appeals, Commercial Leases, Mineral Leases, Oil & Gas, Operating Costs

See all updates »

WV Legislative Brief - March 2018

The 2018 teachers’ strike in West Virginia reached an end on Tuesday, March 6, 2018. The strike was the longest in state history, lasting a total of 13 days – 2 days longer than the 1990 teachers’ strike. The strike ended when…more

Appropriations Bill, Legislative Agendas, Proposed Legislation, Public Schools, Public Sector Unions

See all updates »

Alexa.......What is HIPAA?

The increased use of technology by health care providers requires new and innovative platforms to provide better services to patients. One platform that has garnered attention since its introduction in mid-2014 is Amazon’s Echo,…more

Amazon Echo, Audio Recording, Connected Items, Cybersecurity, Electronic Medical Records

See all updates »

First Look - Summer 2017: Issues and Developments in Insurance Law

The first step in any coverage analysis is determining who is an insured. Sounds easy, right? Not necessarily. As commentators have noted, “[t]here is a distinction between a ‘named insured’ and an ‘insured.’” Indeed, another…more

Additional Insured, Ambiguous, Commercial General Liability Policies, Contract Terms, Insurance Contracts

See all updates »

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