Steven M. RECHT; Alesha Bailey; Stephen P. New, Plaintiffs-Appellees,
v.
Patrick MORRISEY, in his capacity as Attorney General of the State of West Virginia, Defendant-Appellant, and
Jim Justice, in his official capacity as Governor of West Virginia, Defendant.
Chamber of Commerce of the United States of America; Alliance for Patient Access; West Virginia State Medical Association, Amici Supporting Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: March 10, 2022.
Decided: April 27, 2022.
Attorney(s) appearing for the Case
ARGUED: Lindsay Sara See , OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellant. Elbert Lin , HUNTON ANDREWS KURTH LLP, Richmond, Virginia, for Amicus Curiae. Robert S. Peck , CENTER FOR CONSTITUTIONAL LITIGATION, PC, Washington, D.C., for Appellees. ON BRIEF: Patrick Morrisey , Attorney General, Curtis R.A. Capehart , Deputy Attorney General, Caleb A. Seckman , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellant. Scott S. Segal , Robin Jean Davis , THE SEGAL LAW FIRM A LEGAL CORPORATION, Charleston, West Virginia, for Appellees. J. Mark Adkins , BOWLES RICE LLP, Charleston, West Virginia, for Amici The Alliance for Patient Access and West Virginia State Medical Association. Andrew R. Varcoe , Stephanie A. Maloney , UNITED STATES CHAMBER LITIGATION CENTER, Washington, D.C.; J. Pierce Lamberson , HUNTON ANDREWS KURTH LLP, Richmond, Virginia, for Amicus Chamber of Commerce of the United States of America.
Reversed and remanded with directions to dismiss by published opinion. Judge Wilkinson wrote the opinion, in which Judge Diaz and Senior Judge Floyd joined.
WILKINSON, Circuit Judge:
West Virginia by statute regulates legal advertisements that solicit clients in litigation involving medications or medical devices. The plaintiffs in this case, two West Virginia attorneys and a client, contend that the statute violates the First Amendment by prohibiting attorneys from using certain terms or images in...
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