WEST VIRGINIA INV. MANAGEMENT BD. v. VALIC

No. 17-0486.

820 S.E.2d 416 (2018)

The WEST VIRGINIA INVESTMENT MANAGEMENT BOARD, a public body corporate, and the West Virginia Consolidated Public Retirement Board, a public agency, Plaintiffs Below, Petitioners v. The VARIABLE ANNUITY LIFE INSURANCE COMPANY, Defendant Below, Respondent

Supreme Court of Appeals of West Virginia.

Filed: June 5, 2018.


Attorney(s) appearing for the Case

Benjamin J. Bailey, Esq., Jonathan R. Marshall, Esq., Thomas B. Bennett, Esq., Raymond S. Franks, II, Esq., BAILEY & GLASSER LLP, Charleston, West Virginia, Counsel for Petitioner The West Virginia Investment Management Board.

J. Jeaneen Legato, Esq., Consolidated Public Retirement Board.

Gerard R. Stowers, Esq., Special Assistant Attorney General, J. Mark Adkins, Esq., S. Andrew Stonestreet, Esq., BOWLES RICE LLP, Charleston, West Virginia, Counsel for Petitioners.

Andrew J. Katz, Esq., Charleston, West Virginia, Counsel for Amicus Curiae, West Virginia Education Association.

Jeffrey G. Blaydes, Esq., Carbone & Blaydes, P.L.L.C, Charleston, West Virginia, Counsel for Amicus Curiae, American Federation of Teachers, WV AFL-CIO.

Robert M. Bastress, Jr., Esq., Morgantown, West Virginia, Counsel for Amicus Curiae, West Virginia Association of Retired School Employees, West Virginia Employment Lawyers Association.

Thomas J. Hurney, Jr., Esq., Michael M. Fisher Esq., JACKSON KELLY PLLC, Charleston, West Virginia.

Erin R. Stankewicz, Esq., JACKSON KELLY PLLC, Wheeling, West Virginia.

Richard J. Doren, Esq. (pro hac vice), GIBSON, DUNN & CRUTCHER LLP, Los Angeles, California, Counsel for Respondent.

John M. Canfield, Esq., Charleston, WV, Counsel for Amicus Curiae, West Virginia Chamber of Commerce.

Mychal S. Schulz, Esq., Babst Calland, Charleston, West Virginia and Todd A. Mount, Esq., Shaffer & Shaffer, PLLC, Madison, West Virginia, Counsel for Amicus Curiae, Defense Trial Counsel of West Virginia.


This appeal is the latest chapter in a long-existing contractual dispute between the West Virginia Investment Management Board (IMB), the West Virginia Consolidated Public Retirement Board (CPRB) (together, Petitioners) and the respondent, The Variable Annuity Life Insurance Company ...

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