STATE EX REL. 3M CO. v. HOKE

No. 20-0014.

852 S.E.2d 799 (2020)

STATE of West Virginia, EX REL. 3M COMPANY, f/k/a Minnesota Mining and Manufacturing Company, Mine Safety Appliances Company, and American Optical Corporation, Petitioners v. Honorable Jay HOKE, Judge of the Circuit Court of Lincoln County, and State of West Virginia ex rel. Patrick Morrisey, Attorney General, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 23, 2020.


Attorney(s) appearing for the Case

Bryant J. Spann, Esq. , Robert H. Akers, Esq. , Thomas Combs & Spann, PLLC, Charleston, West Virginia, Andrew J. Detherage, Esq. , Barnes & Thornburg LLP, Minneapolis, Minnesota, Counsel for Petitioner 3M Company.

Patrick Morrissey , Attorney General, Curtis R.A. Capehart , Deputy Attorney General, Charleston, West Virginia, Sean McGinley, Esq. , DiPiero Simmons McGinley & Bastress, PLLC, Charleston, West Virginia, Counsel for the Respondent.

Marc E. Williams, Esq. , Melissa Foster Bird, Esq. , Christopher Smith, Esq. , Nelson Mullins Riley & Scarborough, Huntington, West Virginia, Counsel for American Optical Corporation.

M. Trent Spurlock, Esq. , Dinsmore & Shohl, LLP, Louisville, Kentucky, J.H. Mahaney, Esq. , Dinsmore & Shohl, LLP, Huntington, West Virginia, Counsel for Mine Safety Appliances Company.


In this petition for a writ of prohibition, we are asked to review a routine circuit court order permitting the Attorney General of West Virginia ("Attorney General") to amend a complaint, and granting the Attorney General's motion to sever the counts in the complaint for discovery and trial. In part, the circuit court's order...

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