Arnold Agency v. West Virginia Lottery Commission

McGRAW, Justice:

The Arnold Agency (“Arnold”), plaintiff below, appeals the circuit court’s adverse grant of summary judgment with respect to its fraud and breach of contract claims against defendant/appellee West Virginia Lottery Commission (the “Lottery Commission” or “Commission”). Arnold’s claims are predicated upon the Lottery Commission’s alleged failure to award it a $2.8 million advertising and public relations contract.

Arnold contends on appeal that the circuit court erred in (1) determining that the Lottery Commission is an agency of the State and cloaked in sovereign immunity under…