The United States Supreme Court ruled today in Caperton v. A. T. Massey, No. 08-22, that the Due Process Clause of the United States Constitution required that West Virginia Supreme Court Justice Brent Benjamin should have recused himself in
Mediating Certainty
Mediating Certainty, published by Keith Jones, focuses on legal issues related to mediation and dispute resolution, particularly within West Virginia. The blog covers topics such as judicial recusal standards, workplace discrimination and disability law under the ADA and ADA Amendments Act, legislative developments affecting courts and health care regulation, and specific West Virginia statutes including deliberate intent actions. It also discusses practical aspects of mediation outcomes and offers insights into the mediation process in commercial litigation and employment disputes. The content reflects a blend of case law analysis, statutory updates, and mediation practice guidance relevant to legal professionals and parties involved in dispute resolution.
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Disability Law: Reasonable Accommodation Requests and the Interactive Process in West Virginia, Framework
By Keith Jones
I was recently invited to deliver a presentation to a group of lawyers on “Reasonable Accommodation Requests and the Interactive Process in West Virginia.” In connection with my presentation, I prepared an outline detailing the statutory and regulatory framework which…
WV Legislature: The First Shock Wave
By Keith Jones
In non-mediation news, one of the first bills which has passed both houses of the West Virginia Legislature and is awaiting action by the Governor deals with the Certificate of Need process in West Virginia (Senate Bill 321). Although…
Mediation Gets Results
By Keith Jones
Two more cases settled through mediation!
If you have the need for a West Virginia mediator, I hope you will consider giving me the opportunity to help your clients and their adversaries mediate toward resolution.
As always, to hire…
WV Legislature: Deliberate Intent Bill Introduced In Senate
By Keith Jones
On March 20, 2009, a bill was introduced in the West Virginia Senate concerning deliberate intent actions under West Virginia law. The bill, Senate Bill No. 661, has been referred to the Committee on the Judiciary and is described as…
Morning Comes to Morgantown
By Keith Jones
Morning comes to Morgantown . . . I am visiting Morgantown this weekend to attend the WVU v. Louisville basketball and, through a bit of mediation, to go shopping with my wife in Morgantown and in Pittsburgh (my apologies to…
Caperton v. AT Massey – Perspectives on the Constitutional Issues
By Keith Jones
The United States Supreme Court of Appeals heard oral arguments today in Caperton v. A.T. Massey, No. 08-22 (click here for the argument transcript); the facts of which are well known and will not be repeated here. Instead, in…
The Bookstore Battle Settles
By Keith Jones
As reported today in the Charleston Daily Mail, as well as noted in the West Virginia Business Litigation Blog, the case involving WVU, Barnes & Noble and The Book Exchange was settled prior to oral arguments before the West…
The Beauty of Mediation: Flexibility
By Keith Jones
I recently completed a successful mediation which provided a chance to apply one of mediation’s many benefits — flexibility.
Without going into details about the parties or the case, the mediation started in a traditional fashion with the plaintiff thinking solely…