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STATE EX REL. ERX, LLC v. CRAMER

No. 22-0386.

885 S.E.2d 870 (2023)

STATE of West Virginia EX REL., ERX, LLC, Petitioner, v. The Honorable Jeffrey D. CRAMER, Judge of the Circuit Court of Wetzel County, Kayla McEldowney, and Devann E. Doty, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: March 6, 2023.

Attorney(s) appearing for the Case

Timothy R. Linkous, Esq. , Dana Hantel, Esq. , Linkous Law, PLLC, Morgantown, West Virginia, Counsel for Petitioner.

Walt Auvil, Esq. , Kirk Auvil, Esq. , Anthony Brunicardi, Esq. , The Employment Law Center, PLLC, Parkersburg, West Virginia, Counsel for Respondents, Kayla McEldowney and, Devann E. Doty.

In this petition for a writ of prohibition, Petitioner ERx, LLC ("Petitioner") contends that the Circuit Court of Wetzel County "abused its power, exceeded its jurisdiction, and committed clear error" by denying its motion for summary judgment. Petitioner did not inform the circuit court that it intended to seek extraordinary...

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