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STATE EX REL. ALLSTATE v. MADDEN

No. 31392.

601 S.E.2d 25 (2004)

215 W.Va. 705

STATE of West Virginia ex rel. Allstate Insurance Company, Petitioner, v. The Honorable John T. MADDEN, Judge of the Circuit Court of Marshall County, West Virginia, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: May 18, 2004.

Attorney(s) appearing for the Case

E. Kay Fuller, Esq., Walter M. Jones, III, Esq., Michael M. Stevens, Esq., Martin & Seibert, L.C., Martinsburg, for the Petitioner, Allstate Insurance Company.

Christopher J. Regan, Esq., Bordas & Bordas, Wheeling, for the Plaintiff Below, Cindy Jo Falls.

Ned Miltenberg, Esq., Center for Constitutional Litigation, PC, Washington, DC, for Amicus Curiae, American Trial Lawyers Association.

G. David Brumfield, Esq., Brumfield & Watson, Charleston, Eugene R. Anderson, Esq., Anderson Kill & Olick, P.C., New York, NY, Amy Bach, Esq., Law Offices of Amy Bach, Mill Valley, CA, for Amicus Curiae, United Policyholders.

Paul T. Farrell, Jr., Esq., Wilson, Frame, Benninger & Metheney, PLLC, Morgantown, for Amicus Curiae, West Virginia Trial Lawyers Association.

Charles S. Piccirillo, Esq., Kelly R. Charnock, Esq., Shaffer & Shaffer, PLLC, Madison, for Amicus Curiae, State Farm Mutual Automobile Insurance Company.

DAVIS, Justice.

The petitioner herein, Allstate Insurance Company [hereinafter referred to as "Allstate"], requests this Court to issue a writ of prohibition to prevent the respondent herein, the Honorable John T. Madden, Judge of the Circuit Court of Marshall County [hereinafter referred to as "Judge Madden"], from enforcing certain orders requiring Allstate to submit to discovery requests made by the plaintiff below, Cindy Jo Falls [hereinafter referred to as "Ms...

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