McGRAW v. AMERICAN TOBACCO CO.

No. 33873.

681 S.E.2d 96 (2009)

Darrell V. McGRAW, Jr., Attorney General, The State of West Virginia; The West Virginia Public Employees Insurance Agency; and The West Virginia Department of Health and Human Resources, Plaintiffs Below, Appellants, v. The AMERICAN TOBACCO COMPANY, et al., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 22, 2009.


Attorney(s) appearing for the Case

Ronald R. Brown, Assistant Attorney General, Charleston, WV, for Appellants.

Mark W. Kelley, Ray, Winton & Kelley, PLLC, Charleston, WV,

Robert J. Brookhiser, Elizabeth B. McCallum, Howrey, LLP, Washington, D.C., Pro Hoc Vice,

John F. Billings, Lexington, KY, for Appellee Subsequent Participating Manufacturers, Commonwealth Brands, Inc., et al.

David B. Thomas, Pamela L. Campbell, Teresa K. Thompson, Allen Guthrie McHugh & Thomas, PLLC, Charleston, WV,

James D. Mathias, C. Dylan Sanders, DLA Piper U.S. LLP, Baltimore, MD, Pro Hoc Vice, for Appellee Original Participating Manufacturer Philip Morris, Inc.

W. Henry Jernigan, Jr., Brace R. Mullet, Dinsmore & Shohl, LLP, Charleston WV

Stephen R. Patton, Kirkland & Ellis, LLP, Chicago, IL, Pro Hoc Vice, for Appellees Original Participating Manufacturers, R.J. Reynolds Tobacco Company and Lorillard Tobacco Company.


BENJAMIN, Chief Justice.

Appellants, Darrell V. McGraw, Jr., Attorney General, the State of West Virginia, the West Virginia Public Employees Insurance Agency, and the West Virginia Department of Health and Human Resources (hereinafter collectively "the State") bring the instant matter before this Court upon appeal of a March 20, 2007, order entered by the Circuit Court of Kanawha County. In its March 20, 2007, order, the...

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