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NEIDIG v. VALLEY HEALTH SYSTEM

No. 22-2227.

90 F.4th 300 (2024)

Elaine NEIDIG, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. VALLEY HEALTH SYSTEM, Defendant-Appellee. West Virginia United Health System, Inc.; West Virginia Hospital Association; Mountain Health Network, Inc.; Charleston Area Medical Center, Inc., Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 9, 2024.

Attorney(s) appearing for the Case

ARGUED: Anthony J. Majestro, POWELL & MAJESTRO, PLLC, Charleston, West Virginia, for Appellant. Jonathan Tyler Mayhew, BOWLES RICE LLP, Martinsburg, West Virginia, for Appellee. ON BRIEF: Stephen G. Skinner, SKINNER LAW FIRM, Charles Town, West Virginia; Christina Smith, POWELL & MAJESTRO, PLLC, Charleston, West Virginia, for Appellant. Charles F. Printz, Jr., Liana L. Stinson, BOWLES RICE LLP, Martinsburg, West Virginia, for Appellee. Robert M. Sellards, John H. Zickefoose, Bradley D. Dunkle, BAILES CRAIG & SELLARDS PLLC, Huntington, West Virginia, for Amici West Virginia Hospital Association; Mountain Health Network, Inc.; and Charleston Area Medical Center. Christine S. Vaglienti, Assistant Vice President and Senior Litigation Counsel, WEST VIRGINIA UNITED HEALTH SYSTEM, INC., Morgantown, West Virginia, for Amicus West Virginia United Health System, Inc.

Question certified to the Supreme Court of Appeals of West Virginia by published order. Judge Wynn directed entry of the order with the concurrences of Judge Gregory and Judge Rushing.

ORDER

This Court, availing itself of the privilege afforded by the State of West Virginia through the Uniform Certification of Questions of Law Act, W. Va. Code §§ 51-1A-1 to — 13, hereby requests that the Supreme Court of Appeals of West Virginia exercise its discretion to resolve a certified question...

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