Legal Opinion · Concurrence

State ex rel. Owners Insurance v. McGraw

West Virginia Supreme Court

Decided June 18, 2014No. 13-1153Published

1ConcurrenceLoughry, Justice

I concur in the judgment of the majority in denying the petitioner’s request for a writ of prohibition.1 I write separately to explain why I believe extraordinary relief should be parsimoniously granted rather than serving as an interlocutory review of a trial court’s pretrial rulings.

The petitioner has sought a writ of prohibition to reverse various pretrial orders entered by the trial court. These orders involve rulings on a choice of law issue, the denial of the petitioner’s motion to dismiss for lack of personal jurisdiction, the award of partial summary judgment in favor of respondent…

2Cases cited10 opinions

  1. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  2. Engle v. IsaacSupreme Court of the United States · 1982
  3. State Ex Rel. Hoover v. BergerWest Virginia Supreme Court · 1997
  4. State Ex Rel. Peacher v. SencindiverWest Virginia Supreme Court · 1977
  5. Hinkle v. BlackWest Virginia Supreme Court · 1979

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