When Insuring Your Hole-In-One Giveaway, Pay Attention to Minimum Yardage Requirements

I’ve not thought much about holes-in-one, mostly because my golf game is such that I’ve never been in any danger of making one. The charity responsible for the Greenbrier Classic golf tournament, however, must have given them some thought. Not only did it decide to award spectators a cash prize in the event of a hole-in-one on a certain hole, it purchased insurance to protect itself in the event of any pay-out. This turned out to be a smart move, because two golfers made holes-in-one resulting in nearly $200,000 in total payouts. Continue reading

Citizen Suits at Risk in West Virginia?

This fall, the Supreme Court of Appeals of West Virginia held that whether landowners are entitled to water replacement under the Surface Coal Mining and Reclamation Act, W. Va. Code § 22-3-1 et seq. (“SCMRA”), is a question to be resolved by the West Virginia Department of Environmental Protection (“DEP”) rather than the State’s circuit courts. This ruling has potentially significant effects on the prosecution of citizen suits under SCMRA and similarly-written State environmental laws. Continue reading

Is it an Unfair Trade Practice When You're the Buyer?

Most consumers are at least familiar with the existence of unfair trade practice statutes and anti-trust law. Likely very few, however, have stopped to consider whether those statutes apply to the leasing of oil and gas interests in the Marcellus Shale. Yet, those are the precise questions at issue in Commonwealth of Pennsylvania v. Chesapeake Energy Corp. et al., No. 2015IR0069 (Pa. Ct. Comm. Pl. Dec. 15, 2017). Continue reading