McGraw v. American Tobacco Co.

BENJAMIN, Chief Justice.

Appellants, Darrell V. McGraw, Jr., Attorney General, the State of West Virginia, the West Virginia Public Employees Insurance Agency, and the West Virginia Department of Health and Human Resources (hereinafter collectively “the State”) bring the instant matter before this Court upon appeal of a March 20, 2007, order entered by the Circuit Court of Kanawha County. In its March 20, 2007, order, the circuit court held that questions regarding the State’s diligent enforcement of its qualifying statute 1 during the year 2003 were subject to nationwide arbitration before…