Legal Opinion

City of Huntington and Cabell County Commission v. AmerisourceBergen Drug Corporation (Chief Justice, Wooton, with whom Judge Salango joins, dissenting)

West Virginia Supreme Court

Decided May 12, 2025No. 24-166Separate

1Opinion of the Court

No. 24-166 – City of Huntington, West Virginia, and Cabell County Commission v. AmerisourceBergen Drug Corporation, Cardinal Health, Inc., and McKesson Corporation FILED May 12, 2025 WOOTON, CHIEF JUSTICE, with whom Judge Salango joins, dissenting: released at 3:00 p.m. C. CASEY FOPRBES, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA I respectfully dissent from the majority’s refusal to answer the question certified to this Court by the United States Court of Appeals for the Fourth Circuit (“the Fourth Circuit”). The question clearly falls within the parameters of West Virginia Code section…

2Cases cited11 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Aikens v. DebowWest Virginia Supreme Court · 2001
  3. Hark v. Mountain Fork Lumber Co.West Virginia Supreme Court · 1945
  4. Bass v. ColtelliWest Virginia Supreme Court · 1994
  5. Sharon Steel Corp. v. City of FairmontWest Virginia Supreme Court · 1985

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