Highlights from some of the recent state Supreme Court decisions that are set out in this supplement include the following.
1. State ex rel. W. Va. Division of Correc. & Rehab. v. Ferguson, No. 22-777 (W. Va. June 8, 2023) (holding that the West Virginia Division of Corrections and Rehabilitation is not a healthcare provider or healthcare facility as those terms are defined by the Medical Professional Liability Act)
2. State ex rel. Charleston Area Med. Center, Inc. v. Thompson, No. 22-0439 (W. Va. June 12, 2023) (finding the Medical Professional Liability Act also applies to any alleged unauthorized disclosure of medical information)
3. State ex rel. Devono v. Wilmoth, No. 22-0480 (W.Va. June 15, 2023) (holding that filing of a grievance with the West Virginia Public Employees Grievance Board, for an alleged violation of the Whistle-blower Law, is permissive and the failure to do so does not preclude an employee from initiating an action in circuit court to enforce rights provided by the Whistle-blower Law)
4. Praetorian Insurance Company v. Chau, No. 21-0243 (W.Va. Nov. 17, 2022) (finding that an insurer was not entitled to intervene for the purpose of asserting the insured’s workers’ compensation immunity in the wrongful death action because it failed to demonstrate any hindrance to its insured’s ability to assert its own workers’ compensation immunity)
5. WW Consultants, Inc. v. Pocahontas County Public Service District, No. 21-0485 (W.Va. June 12, 2023) (holding that even though a claim for indemnity does not technically arise until the primary obligation to pay has been established, such claims may be brought by way of third-party practice before they are technically ripe to serve the interests of fairness and judicial economy)
6. State ex rel. WVU Hospitals v. Gaujot, No. 21-0458 (W. Va. Mar, 31, 2023) (finding WVU Hospitals could not appeal a denial of its motion to dismiss under the collateral order doctrine because its defense to liability was not an immunity defense)
7. State ex rel. West Virginia-American Water Co. v. Webster, No. 22-658 (W. Va. June 6, 2023) (holding that there is no impediment to certifying a class on particular issues in a case as opposed to entire claims or defenses)
8. State ex rel. WVU Hospitals v. Gaujot, No. 21-0458 (W. Va. Mar, 31, 2023) (finding WVU Hospitals could not appeal an order under Rule 54(b) because the order did not dispose of a party to the litigation or a claim)
