Legal Opinion · Concurring in part, dissenting in part
Patrick Morrisey and The State of West Virginia v. West Virginia AFL-CIO
West Virginia Supreme Court
Decided September 15, 2017No. 17-0187Published
1Concurring in part, dissenting in partWorkman, Justice
(Filed September 19, 2017)
The one and only issue properly before this Court is whether the circuit court erred in granting a preliminary injunction of the Workplace Freedom Act,1 also known as the “right to work” law. The law is crystal clear that an appellate court’s review of an order granting a preliminary injunction is strictly confined to the limited issue of the propriety of the injunctive relief.2 Our jurisdiction at this point is “not to resolve the overall merits of the dispute between the partie s[,]”3 and not to decide the constitutionality of the law until there is a full hearing…
2Cases cited16 opinions
- Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
- Mississippi Power & Light Co. & Mississippi Public Service Commission v. United Gas Pipe Line Co.Court of Appeals for the Fifth Circuit · 1985
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Kenneth Dale Bradley, Samuel L. CollinsCourt of Appeals for the Fourth Circuit · 1985
- Larry Horton v. City of St. AugustineCourt of Appeals for the Eleventh Circuit · 2001
- NORTH FLA. WOMEN'S HEALTH SERVICES v. StateSupreme Court of Florida · 2003
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