- Fraud
- Business FormationLynn B. Pollard is the managing partner in the law firm of Hamilton, Burgess, Young, Pollard, PLLC, where she practices in the areas of real estate, business formation and planning, bankruptcy and estate planning. Ms. Pollard received her B.S. degree from Davis & Elkins College and her J.D. degree from West Virginia University. She received the West Virginia University College of Law -Women’s Law Caucus 2003 distinguished Women in the Law Award. She has been a Chapter 11 trustee and is a member of the Fayette County Bar Association, the West Virginia State Bar and the West Virginia Trial Lawyers Association.
- Business TransactionsOur attorney Lynn Pollard performs title searches for residental and commercial transactions. She is also an agent for Stewart Title Insurance Company and offers both loan and owner’s policies for these transactions.
- Limited Liability CompaniesIn March of 1997, our Legislature passed the Uniform Limited Liability Company Act and the Limited Liability Partnership Act, two laws which have dramatically changed the way professionals may do business in this State. These acts allow doctors, lawyers, accountants and other professionals to practice in a limited liability company or partnership.
- Employment DiscriminationFederal laws apply all over the country, and protect a wide range of people. Title VII prohibits discrimination based on race, sex, color, national origin or religion. The Age Discrimination in Employment Act (ADEA) prohibits discrimination based on age (if forty or over). Title I of the Americans with Disabilities Act (ADA) prohibits discrimination based on disability. The National Labor Relations Act (NLRA) prohibits discrimination based on an employee’s union activity. Generally, the law regulates all aspects of work, including hiring, firing, promotions, job duties, wages, benefits, and reviews.
- Premises LiabilityA. Your daughter may have a negligence action against the college. In a developing area of law known as premises liability, some courts have found such entities as universities, motels, convenience stores and shopping malls liable for attacks because they did not exercise reasonable care in preventing victims from being harmed. However, courts are divided on this issue and plaintiffs bear a heavy burden of proof in showing that the crime was foreseeable. The most important factor is whether there had been similar crimes in the location.
- Real Estate Transactions
- Property DamageA. Probably. In many states, such companies are liable for property damage or personal injury caused by operators of leased vehicles. This is usually a matter of state law. One state supreme court explained the rationale: “...to protect the safety of traffic upon highways by providing an incentive to him who rents motor vehicles to rent them to competent and careful operators by making him liable for damages resulting from the [negligent] operation of the rented vehicle.”
- Personal Injury
- Auto Accidents
- Estate PlanningA trust arrangement may be beneficial as a tax fighter and is used in estate planning. A "two trust" estate plan is often desirable in order to reduce, or even eliminate, estate tax liabilities. Although this is not the place to discuss this in detail, suffice it to say that the two-trust estate plan is very important in enabling you to pass your assets on to your beneficiaries with minimal estate taxes.
- Wills
- Bankruptcy
- Debt CollectionCredit card companies will issue credit cards to virtually anyone, regardless of that person's ability to repay their debt. When people fall behind in their payments, the credit card companies often sell the delinquent accounts to debt collection agencies for pennies on the dollar. These debt collection agencies can be very aggressive, and frequently use tactics that violate West Virginia law.