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Nelson Mullins COVID-19 Resources

Nelson Mullins is continuing to monitor developments related to COVID-19, including guidance from the Centers for Disease Control and various federal, state, and local government authorities. The firm is taking appropriate precautionary actions and has implemented plans to ensure the continuation of all firm services to clients from both in office and remote work arrangements across our 25 offices. 

In addition, click the link below to access extensive resources to address a wide variety of topics resulting from the virus, in general and by industry,  including topics such as essential businesses, force majeure, business interruption insurance, CARES Act and FFCRA, and others. 

Nelson Mullins COVID-19 Resources

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May 20, 2020

Bar Foundation, Supreme Court Historical Society Feature Claude Scarborough in Podcast Series
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In the News

June 7, 2019

West Virginia Team Addresses Class Certification Issue in Appeal

West Virginia Managing Partner Marc Williams, with assistance from associate Chris Smith, represented West Virginia University Hospitals Inc. and West Virginia United Health System Inc. in a case that could ultimately change the way state courts must look at certifying classes in potential class-action lawsuits.

In a June 5 opinion, the Supreme Court of Appeals of West Virginia unanimously ruled that a Monongalia Circuit Court judge exceeded his powers by certifying a class “while failing to conduct a sufficiently thorough analysis of the case to determine whether the commonality required for class certification … is present.” The Court found that on the issue of the commonality of the claims, the Court should have  applied a standard espoused by the United States Supreme Court in a 2011 case. The Court remanded the case to the circuit court judge, urging him to determine if the requirements for a class are met and, if so, to “craft a class definition consistent with such findings.”

“We’re gratified that the Supreme Court of Appeals has unanimously held that the standards for class certification in state courts should be more in line with the federal courts,” Williams said. “It increases predictability for litigants on both sides.”

Williams has long argued that the state’s class actions laws need to be a little more in line with other states and with federal courts.

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