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STATE EX REL. WEST VIRGINIA-AMERICAN WATER COMPANY v. WEBSTER

No. 22-658.

888 S.E.2d 448 (2023)

STATE of West Virginia EX REL. WEST VIRGINIA-AMERICAN WATER COMPANY, Petitioner, v. The Honorable Carrie L. WEBSTER, Judge of the Circuit Court of Kanawha County, West Virginia; Richard Jeffries, individually and on behalf of all others similarly situated; and Colours Beauty Salon, LLC, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 6, 2023.

Attorney(s) appearing for the Case

Thomas J. Hurney, Jr., Esq. , Alexandra Kitts, Esq. , Blair E. Wessels, Esq. , JACKSON KELLY PLLC, Charleston, West Virginia, and Kent Mayo, Esq. , BAKER BOTTS L.L.P., Washington, D. C., Counsel for Petitioner.

Alex McLaughlin, Esq. , W. Stuart Calwell, Esq. , L. Dante' diTrapano, Esq. , CALWELL LUCE diTRAPANO, PLLC, Charleston, West Virginia, and Kevin W. Thompson, Esq. , THOMPSON BARNEY, Charleston, West Virginia, Counsel for Respondents Richard Jeffries and Colours Beauty Salon, LLC.

Marc E. Williams, Esq. , Jennifer W. Winkler, Esq. , NELSON MULLINS RILEY & SCARBOROUGH LLP, Huntington, West Virginia, Counsel for Amici Curiae National Association of Water Companies, Edison Electric Institute, and American Gas Association.

Petitioner West Virginia-American Water Company (hereinafter "WVAWC") seeks a writ of prohibition to preclude enforcement of the Circuit Court of Kanawha County's July 5, 2022, order certifying an "issues" class pursuant to West Virginia Rule of Civil Procedure 23(c)(4) ("Rule 23(c)(4)") in this putative class action involving a...

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