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STATE EX REL. CITIFINANCIAL, INC. v. MADDEN

No. 34216.

672 S.E.2d 365 (2008)

STATE of West Virginia ex rel. Citifinancial, Inc., Plaintiff Below, Petitioner, v. The Honorable John T. MADDEN, Judge of the Circuit Court of Marshall County, Respondent, and Paul W. Lightner Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided December 10, 2008.

Attorney(s) appearing for the Case

Thomas V. Flaherty, Flaherty, Sensabaugh & Bonasso PLLC, Charleston.

Charles J. Falletta, Jeffrey J. Greenbaum, Sills, Cummis & Gross, PC, Newark, New Jersey, Pro Hac Vice.

Debra Lee Hovatter, Angela Linn Beblo, Spilman, Thomas & Battle PLLC, Morgantown, Counsel for the Petitioner.

James G. Bordas, Jr., Christopher J. Regan, Jason E. Causey, Bordas & Bordas, PLLC, Wheeling, and Daniel F. Hedges, Mountain State Justice, Inc., Charleston, and Jonathan Bridges, Daniel H. Charest, Susman Godfrey LLP, Dallas, Texas, Pro Hac Vice, Counsel for Paul W. Lightner, Defendant Below, Respondent.

James D. McQueen, Jr., Frost Brown Todd LLC, Charleston, Counsel for Amicus Curiae, The American Financial Services Association and the Consumer Credit Industry Association.

Mary Jane Pickens, Office of the West Virginia Insurance Commissioner, Charleston, Counsel for Amicus Curiae, West Virginia Insurance Commissioner.

McHUGH, Senior Status Justice:1

Petitioner CitiFinancial, Inc. seeks a writ of prohibition to prevent the Circuit Court of Marshall County from enforcing its order of May 6, 2008, through which Petitioner's motion for partial summary judgment was denied. CitiFinancial argues that the trial court erred in refusing to dismiss claims asserted against Petitioner by Respondent Paul W. Lightner for alleged unreasonable and excessive credit insurance...

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