MORRISEY v. WEST VIRGINIA AFL-CIO

No. 17-0187.

804 S.E.2d 883 (2017)

Patrick MORRISEY, in his official capacity as West Virginia Attorney General, and The State of West Virginia, Defendants Below, Petitioners v. WEST VIRGINIA AFL-CIO, et al., Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: September 15, 2017.

Concurring and Dissenting Opinion of Justice Workman September 19, 2017.

Dissenting Opinion of Justice Davis October 2, 2017.


Attorney(s) appearing for the Case

Patrick Morrisey , Attorney General, Elbert Lin , Solicitor General, Thomas M. Johnson, Jr. , Deputy Solicitor General, Gilbert Dickey , Assistant Attorney General, Charleston, West Virginia, Counsel for the Petitioners.

Vincent Trivelli, Esq. , The Law Office of Vincent Trivelli, Morgantown, West Virginia, Robert M. Bastress, Jr., Esq. , Morgantown, West Virginia, Counsel for the Respondents

Matthew B. Gilliam, Esq. , National Right to Work Legal Defense Foundation, Inc., Springfield, Virginia, Counsel for Amici Curiae National Right to Work Legal Defense and Education Foundation, Inc., and Reginald Gibbs.

Derk A. Wilcox, Esq. , Mackinac Center for Public Policy, Mackinac Center Legal Foundation Midland, Michigan, Danielle Waltz, Esq. , Jackson Kelly PLLC, Charleston, West Virginia, Counsel for Amicus Curiae Mackinac Center for Public Policy,

John D. Hoblitzell, III, Esq. , Kay Casto & Chaney, PLLC, Charleston, West Virginia, Counsel for The Honorable James C. Justice, in his Official Capacity as Governor of the State of West Virginia.

Maneesh Sharma, Esq. , Washington, District of Columbia, Thomas P. Maroney, Esq. , Maroney Williams Weaver & Pancake PLLC, Charleston, West Virginia, Counsel for Amicus Curiae American Federation of Labor and Congress of Industrial Organizations.

Jeffrey G. Blaydes, Esq. , Carbone & Blaydes, P.L.L.C., Charleston, West Virginia, Counsel for Amici Curiae West Virginia Employment Law Association and West Virginia Association for Justice.


In this appeal, we examine a preliminary injunction issued by the Circuit Court of Kanawha County that stopped the implementation of West Virginia's new "right to work" law. In limited circumstances, a circuit court may issue a preliminary injunction when the plaintiff shows that his or her lawsuit is likely to succeed on its merits...

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