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	<title>WV Closed for Business</title>
	<atom:link href="http://wvclosedforbusiness.com/blog/feed/" rel="self" type="application/rss+xml" />
	<link>http://wvclosedforbusiness.com/blog</link>
	<description>WV Citizens Against Lawsuit Abuse has created WV Closed for Business to shine a light on our state's need for meaningful change.</description>
	<pubDate>Mon, 11 Aug 2008 15:07:21 +0000</pubDate>
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		<title>No &#8220;horseplay&#8221; allowed!</title>
		<link>http://wvclosedforbusiness.com/blog/2008/08/11/no-horseplay-allowed/</link>
		<comments>http://wvclosedforbusiness.com/blog/2008/08/11/no-horseplay-allowed/#comments</comments>
		<pubDate>Mon, 11 Aug 2008 15:07:21 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Lawsuit Abuse]]></category>

		<guid isPermaLink="false">http://wvclosedforbusiness.com/blog/2008/08/11/no-horseplay-allowed/</guid>
		<description><![CDATA[A local personal injury lawyer takes the stakes for a lawsuit he filed on behalf of a woman who sued the owner of a horse she rode while intoxicated.
Rich Holtzapfel recently filed the case in Kanawha County Circuit Court, alleging injuries sustained two years ago when his client was horsing around.  The woman alleges [...]]]></description>
			<content:encoded><![CDATA[<p>A local personal injury lawyer takes the stakes for a lawsuit he filed on behalf of a woman who sued the owner of a horse she rode while intoxicated.</p>
<p>Rich Holtzapfel recently filed the case in Kanawha County Circuit Court, alleging injuries sustained two years ago when his client was horsing around.  The woman alleges that her host threw a party in which both alcohol and horseback rides were available to guests.  After consuming alcohol, the guest apparently agreed to the partygiver&#8217;s offer of a horseback ride.  The woman fell while attempting to get on the horse, sustaining alleged injuries.</p>
<p>Shouldn&#8217;t common sense dictate the outcome of this case?  By alleging negligence on the part of the host, the party guest apparently excuses herself from any responsibility whatsoever.  Mounting a horse can be quite the challenge.  It is likely even more difficult once you&#8217;ve knocked back a couple of cocktails.  Shouldn&#8217;t the woman be held equally accountable for stupidly deciding to ride a horse whil intoxicated? </p>
<p>Sadly, this is just another example of personal injury lawyers chipping away at the idea of personal responsibility.  We wonder if Holtzapfel will subpoena Mr. Ed to testify as his &#8220;mane&#8221; witness.</p>
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		<title>Back to the old cart and buggy?</title>
		<link>http://wvclosedforbusiness.com/blog/2008/08/11/back-to-the-old-cart-and-buggy/</link>
		<comments>http://wvclosedforbusiness.com/blog/2008/08/11/back-to-the-old-cart-and-buggy/#comments</comments>
		<pubDate>Mon, 11 Aug 2008 14:59:52 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[General Topics]]></category>

		<category><![CDATA[Lawsuit Abuse]]></category>

		<guid isPermaLink="false">http://wvclosedforbusiness.com/blog/2008/08/11/back-to-the-old-cart-and-buggy/</guid>
		<description><![CDATA[Forbes Magazine recently listed Charleston, WV as one of America&#8217;s fastest dying cities.  In response to the ranking, one local official placed part of the blame on the creation of roads.  That&#8217;s right.  Roads are partly to blame for Charleston&#8217;s dying population.  Specifically, the political leader told the Charleston Daily Mail [...]]]></description>
			<content:encoded><![CDATA[<p>Forbes Magazine recently listed Charleston, WV as one of America&#8217;s fastest dying cities.  In response to the ranking, one local official placed part of the blame on the creation of roads.  That&#8217;s right.  Roads are partly to blame for Charleston&#8217;s dying population.  Specifically, the political leader told the Charleston Daily Mail that &#8220;the interstates were built and so people left.&#8221;  </p>
<p>Oddly, it doesn&#8217;t seem like the creation of interstate roads has hurt Charlotte, NC, which has seen countless West Virginians relocate to the city in recent years.  Perhaps we could prohibit younger West Virginians from driving cars, so that they would be unable to leave the state for greener pastures once they are of working age.  Or we could prohibit them from watching the news.  That way, they wouldn&#8217;t know that Virginia is the best state in the nation for jobs.  Heck, we could go really old school and build a wall around the city!  That would keep them from leaving.</p>
<p>Isn&#8217;t it time for some real solutions from our political leaders.  It is getting rather tiresome hearing our politicians continually deflect blame for our state&#8217;s economic woes.  Instead of blaming the creation of the wheel and other technological advances, perhaps we should look at our state&#8217;s out-of-step legal system, as well as regulatory and tax burdens pointed out by Forbes recently.</p>
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		<title>For those counting at home&#8230;</title>
		<link>http://wvclosedforbusiness.com/blog/2008/07/31/for-those-counting-at-home/</link>
		<comments>http://wvclosedforbusiness.com/blog/2008/07/31/for-those-counting-at-home/#comments</comments>
		<pubDate>Thu, 31 Jul 2008 19:46:48 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[General Topics]]></category>

		<guid isPermaLink="false">http://wvclosedforbusiness.com/blog/2008/07/31/for-those-counting-at-home/</guid>
		<description><![CDATA[West Virginia’s business climate was ranked dead last AGAIN!  This time, Forbes Magazine ranks West Virginia as the worst state in the nation for business for the second year in a row.  Are any of West Virginia’s politicians beginning to detect a pattern here?    
Click here to check out the [...]]]></description>
			<content:encoded><![CDATA[<p>West Virginia’s business climate was ranked dead last AGAIN!  This time, Forbes Magazine ranks West Virginia as the worst state in the nation for business for the second year in a row.  Are any of West Virginia’s politicians beginning to detect a pattern here?    </p>
<p><a href="http://www.forbes.com/business/2008/07/30/virginia-georgia-utah-biz-cz_kb_0731beststates.html">Click here to check out the latest Forbes rankings.</p>
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		<title>Seriously?</title>
		<link>http://wvclosedforbusiness.com/blog/2008/07/31/seriously/</link>
		<comments>http://wvclosedforbusiness.com/blog/2008/07/31/seriously/#comments</comments>
		<pubDate>Thu, 31 Jul 2008 18:22:45 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[General Topics]]></category>

		<guid isPermaLink="false">http://wvclosedforbusiness.com/blog/2008/07/31/seriously/</guid>
		<description><![CDATA[By now, most West Virginians are in agreement that Governor Joe Manchin’s “Open for Business” slogan was a complete and utter joke.  Unfortunately, the reminders of just how “Closed for Business” our state is keep rolling in.  Last week, DialAmerica Marketing – which makes marketing calls for Fortune 500 companies – closed its [...]]]></description>
			<content:encoded><![CDATA[<p>By now, most West Virginians are in agreement that Governor Joe Manchin’s “Open for Business” slogan was a complete and utter joke.  Unfortunately, the reminders of just how “Closed for Business” our state is keep rolling in.  Last week, DialAmerica Marketing – which makes marketing calls for Fortune 500 companies – closed its South Charleston facility, costing our state another 160 jobs.</p>
<p>Less than a week later, the buzzards…um, lawyers are already picking at the remains.  A local lawyer has filed a lawsuit against DialAmerica for failing to adequately warn its employees of the closure.  Give us a break!  West Virginia’s trial bar has already tried its best to sue many employers out of business here.  Now they want to make it state policy to sue the businesses for going out of business?  </p>
<p>Just the other day, one of the longest serving tenants in the Charleston Town Center’s history – Bennigan’s Restaurant – was forced to close its doors.  Watch out Bennigan’s!  Somewhere in Charleston, there’s a personal injury lawyer who is probably drafting the lawsuit against you right now.  </p>
<p>It’s no wonder that West Virginia is one of only a handful of states with no listings on the Fortune 500.  </p>
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		<title>Where have all the jobs gone?</title>
		<link>http://wvclosedforbusiness.com/blog/2008/07/11/where-have-all-the-jobs-gone/</link>
		<comments>http://wvclosedforbusiness.com/blog/2008/07/11/where-have-all-the-jobs-gone/#comments</comments>
		<pubDate>Fri, 11 Jul 2008 14:29:10 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://wvclosedforbusiness.com/blog/2008/07/11/where-have-all-the-jobs-gone/</guid>
		<description><![CDATA[Recent U.S. Census Bureau figures seem to further debunk our state’s temporary “Open for Business” motto.  The Charleston Gazette reports this morning that only two of West Virginia’s largest cities – Morgantown &#038; Martinsburg – have experienced significant population growth over the last seven years.  Much of Martinsburg’s population growth can be attributed [...]]]></description>
			<content:encoded><![CDATA[<p>Recent U.S. Census Bureau figures seem to further debunk our state’s temporary “Open for Business” motto.  The Charleston Gazette reports this morning that only two of West Virginia’s largest cities – Morgantown &#038; Martinsburg – have experienced significant population growth over the last seven years.  Much of Martinsburg’s population growth can be attributed to the Eastern Panhandle’s growing number of Washington D.C. commuters – people who live in our state but drive out-of-state for their jobs.  Nothing says closed for business like a large sector of the population willing to leave the state on a daily basis to work elsewhere.</p>
<p>West Virginia is also suffering through a “negative natural increase” in population.  In other words, there have been more deaths than births in West Virginia over the past seven years.  Surely, this figure is caused in some part by the fact that so many younger West Virginians have left the state for greener job markets.  Chances are there are more native West Virginians living in Charlotte, NC than there are in many of our state’s smaller cities.  </p>
<p>Politicians need to get smart when it comes to our state’s declining population.  Snappy slogans and shifting city limits won’t actually solve the problems facing our state.  It’s about time for meaningful reforms that would energize our state’s job market and attract younger natives back to their home state.  </p>
<p><a href="http://www.wvgazette.com/News/200807100790"> Click here to check out the Gazette&#8217;s article.</p>
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		<title>You Can Call Me Al</title>
		<link>http://wvclosedforbusiness.com/blog/2008/07/08/you-can-call-me-al/</link>
		<comments>http://wvclosedforbusiness.com/blog/2008/07/08/you-can-call-me-al/#comments</comments>
		<pubDate>Tue, 08 Jul 2008 16:47:41 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[State Supreme Court]]></category>

		<guid isPermaLink="false">http://wvclosedforbusiness.com/blog/2008/07/08/you-can-call-me-al/</guid>
		<description><![CDATA[Karlin Calling&#8230;With Al Karlin&#8217;s ascent as new head of the state association of plaintiffs lawyers, look for a more communicative leadership style in the executive suite of the West Virginia personal injury bar.  Karlin, you recall, was among the countless contacts Supreme Court Justice Larry Starcher made from his state-issued cell phone that January [...]]]></description>
			<content:encoded><![CDATA[<p>Karlin Calling&#8230;With Al Karlin&#8217;s ascent as new head of the state association of plaintiffs lawyers, look for a more communicative leadership style in the executive suite of the West Virginia personal injury bar.  Karlin, you recall, was among the countless contacts Supreme Court Justice Larry Starcher made from his state-issued cell phone that January weekend before old vaction photos of the Chief Justice mysteriously surfaced.  Karlin&#8217;s connections even extend to the law school faculty of West Virginia University, evidenced by e-mail exchanges he had with twice-failed, ethically challenged high court candidate Bob Bastress about the professor&#8217;s campaign - political communication from the school&#8217;s computer system.  Judged by the company you keep?</p>
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		<title>Larry Starcher&#8217;s Photophobia</title>
		<link>http://wvclosedforbusiness.com/blog/2008/06/24/larry-starchers-photophobia/</link>
		<comments>http://wvclosedforbusiness.com/blog/2008/06/24/larry-starchers-photophobia/#comments</comments>
		<pubDate>Tue, 24 Jun 2008 14:06:03 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[State Supreme Court]]></category>

		<category><![CDATA[Starcher]]></category>

		<category><![CDATA[Supreme Court]]></category>

		<guid isPermaLink="false">http://wvclosedforbusiness.com/blog/2008/06/24/larry-starchers-photophobia/</guid>
		<description><![CDATA[One cannot help but marvel over how a change of seasons can change one&#8217;s perspective on photography.  Justice Larry Starcher&#8217;s for instance. 
In January, Starcher was so jacked about vacation pictures of the chief justice, he burned the phone lines on his state-issued cell phone in chats with High Court candidate Menis Ketchum and [...]]]></description>
			<content:encoded><![CDATA[<p>One cannot help but marvel over how a change of seasons can change one&#8217;s perspective on photography.  Justice Larry Starcher&#8217;s for instance. </p>
<p>In January, Starcher was so jacked about vacation pictures of the chief justice, he burned the phone lines on his state-issued cell phone in chats with High Court candidate Menis Ketchum and the incoming honcho of the state&#8217;s personal injury bar.</p>
<p>Now, according to the Gazette&#8217;s Phil Kabler, Starcher is suddenly camera shy, ducking the annual group photo of the tribunal.  A memo Starcher authored, perhaps on the same computer in which he exchanged e-mails with another Supreme Court candidate, explains his &#8220;rationale&#8221; for the cop out:  a rationale that since he was snubbed for the Chief Justice title last year, he was snubbing back.</p>
<p>Even Kabler raised eyebrows over Starcher&#8217;s &#8220;holding a grudge&#8221; and the weirdly-composed third-person point-of-view of the memo.  In the end, this may have been Larry&#8217;s immature attempt to participate in Justice Robin Davis&#8217; pet project:  Year of the Child.</p>
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		<title>What&#8217;s Good for the Goose</title>
		<link>http://wvclosedforbusiness.com/blog/2008/06/20/whats-good-for-the-goose/</link>
		<comments>http://wvclosedforbusiness.com/blog/2008/06/20/whats-good-for-the-goose/#comments</comments>
		<pubDate>Fri, 20 Jun 2008 15:39:03 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Attorney General]]></category>

		<guid isPermaLink="false">http://wvclosedforbusiness.com/blog/2008/06/20/whats-good-for-the-goose/</guid>
		<description><![CDATA[Senate Judiciary Chairman Jeff Kessler recently told a Wheeling newspaper that he&#8217;s eager to require disclosure of those funding campaign ads, such as the spots an independent group sought to air in the Supreme Court primary this spring. 
Maybe the chairman has an opinion about West Virginia Consumers for Justice, the personal injury lawyer front [...]]]></description>
			<content:encoded><![CDATA[<p>Senate Judiciary Chairman Jeff Kessler recently told a Wheeling newspaper that he&#8217;s eager to require disclosure of those funding campaign ads, such as the spots an independent group sought to air in the Supreme Court primary this spring. </p>
<p>Maybe the chairman has an opinion about West Virginia Consumers for Justice, the personal injury lawyer front group that spent nearly $2 million on behalf of former Justice Warren McGraw without disclosing its contributors.  Surely, Kessler&#8217;s less than zealous pursuit of the Consumers for Justice&#8217;s contributor names has nothing to do with the fact that a trial lawyer associated with the group - Tim Bailey - recently contributed to Kessler&#8217;s campaign.  </p>
<p>Bailey just so happens to be a law partner of House Judiciary Chairwoman Carrie Webster, who has also pushed for new campaign finance reforms.  Webster&#8217;s firm stands to possibly make as much as $1 million in legal fees as a result of one of Attorney General Darrell McGraw&#8217;s no-bid legal contracts.  Could Webster&#8217;s actions be motivate by the fact that her law partner wants to prohibit election spending criticical of the Attorney General&#8217;s abusive practices?</p>
<p>Campaign finance laws shouldn&#8217;t be used to selectively quiet political viewpoints.  Perhaps Chairwoman Webster can ask Tim Bailey to explain to the Judiciary Committee just who contributed to the Consumers for Justice.</p>
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		<title>How many ways can we say this?</title>
		<link>http://wvclosedforbusiness.com/blog/2008/06/18/how-many-ways-can-we-say-this/</link>
		<comments>http://wvclosedforbusiness.com/blog/2008/06/18/how-many-ways-can-we-say-this/#comments</comments>
		<pubDate>Wed, 18 Jun 2008 12:56:13 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[General Topics]]></category>

		<guid isPermaLink="false">http://wvclosedforbusiness.com/blog/2008/06/18/how-many-ways-can-we-say-this/</guid>
		<description><![CDATA[West Virginia continues to be closed for business.  While many of our political leaders like to paint a rosy picture of our state&#8217;s economic outlook, real economic indicators don&#8217;t lie.  Recently released figures from the U.S. Bureau of Economic Analysis indicate that West Virginia’s economic growth slowed to 0.1% over the past year [...]]]></description>
			<content:encoded><![CDATA[<p>West Virginia continues to be closed for business.  While many of our political leaders like to paint a rosy picture of our state&#8217;s economic outlook, real economic indicators don&#8217;t lie.  Recently released figures from the U.S. Bureau of Economic Analysis indicate that West Virginia’s economic growth slowed to 0.1% over the past year – a rate that is considerably lower than the growth rate of all of our neighboring states as well as the national rate. West Virginia also ranked second worst in the nation in per capita real gross domestic product, again only managing slightly better than Mississippi.</p>
<p>Meanwhile, State Senator Brooks McCabe pointed out the real possibility that Charleston’s overall population could drop below the 50,000 person mark when the 2010 census is completed. “If we’re saying we’re open for business, and don’t have even one city over 50,000, I would argue we’re being naïve,” McCabe frankly noted.</p>
<p>Until our legal system is competitive with those of other states, especially our neighbors, West Virginia will continue to rank as one of the worst states in the nation for business.</p>
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		<title>Sage Sago Saga</title>
		<link>http://wvclosedforbusiness.com/blog/2008/06/03/sage-sago-saga/</link>
		<comments>http://wvclosedforbusiness.com/blog/2008/06/03/sage-sago-saga/#comments</comments>
		<pubDate>Tue, 03 Jun 2008 16:52:27 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://wvclosedforbusiness.com/blog/2008/06/03/sage-sago-saga/</guid>
		<description><![CDATA[With the ambulance lights flashing at Sago, Charleston personal injury lawyer Tim Bailey took a page from New Martinsville colleague H. John Rogers’ playbook.  Remember Rogers’ Rule:  “if somebody can make $50 million by running to Yeagar Airport while the ashes are smoldering, why not?”
Bailey, according to the Wall Street Journal, was camped [...]]]></description>
			<content:encoded><![CDATA[<p>With the ambulance lights flashing at Sago, Charleston personal injury lawyer Tim Bailey took a page from New Martinsville colleague H. John Rogers’ playbook.  Remember Rogers’ Rule:  “if somebody can make $50 million by running to Yeagar Airport while the ashes are smoldering, why not?”</p>
<p>Bailey, according to the Wall Street Journal, was camped out at Sago in a playpen of personal injury lawyers, trolling for clients, shamelessly seeking to profit from the grief of the mining families and tragedy of their local community.</p>
<p>His imitation of the H. John tactic, it seems, has paid off.  Bailey has reached a confidential settlement with a manufacturer of mine materials used to seal Sago.</p>
<p>Meanwhile, other Sago plaintiffs are miffed that the lawsuit they hoped would reap at least $10.5 million, before punitive damages, was settled for less than a fifth of that.  With West Virginia courts delivering punitive damage verdicts in the quarter-billion dollar range these days, no wonder.   </p>
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