Boone v. Activate Healthcare, LLC

FILED June 11, 2021 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK No. 19-1007 – Diana Boone v. Activate Healthcare, LLC SUPREME COURT OF APPEALS OF WEST VIRGINIA Wooton, Justice, dissenting, and joined by Justice Hutchison: In what is becoming a disturbing trend in this Court’s recent jurisprudence, yet another case is being jettisoned at the initial pleading stage on the ground that the complaint fails to state a cause of action. In this case, petitioner Diana Boone’s complaint alleged that respondent Activate Healthcare, LLC’s (“Activate”) actions constituted aiding and abetting in the…