||Rory Perry's Weblog
Law, technology, and the courts
Thursday, July 3, 2003
Notable opinions filed today regarding class actions, wrongful death, and insurance coverage
Today's opinions include one highly anticipated decision regarding Rezulin litigation currently pending before the Mass Litigation Panel, as well as other opinions of note to tort law practitioners. The Court's decision in IN RE WEST VIRGINIA REZULIN LITIGATION, No. 30958 (STARCHER, C.J.)(Davis, D.Q.) contains several new syllabus points with specific guidlines regarding class certification, and reverses the lower court's decision to deny class certification. In JOSLIN v. MITCHELL, No. 31035 (STARCHER, C.J.)(McGraw, J., dissenting), the Court construed the phrase "bargained for discount" in WV Code 33-6-31-(b). In McDAVID v. UNITED STATES OF AMERICA, No. 30740 (STARCHER, C.J.)(Maynard, J., dissenting), the Court answered a question certified from the federal district court regarding whether damages for pain and suffering endured between the time of injury and death are recoverable in certain circumstances under the wrongful death act, WV Code 55-7-6. Finally, in SER WEIRTON MEDICAL CENTER v. MAZZONE, No. 31147 (PER CURIAM)(McGraw, J., dissenting), the Court granted a writ of prohibition sought by defendants in a medical malpractice action, to prevent enforcement of an order limiting the expert testimony of a defense witness. 3:13:49 PM [Permanent Link]
|A weblog about information issues in the courts, with occassional diversions, authored by the Clerk of the Supreme Court of Appeals of West Virginia.
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