WEST VIRGINIA RECORD

Argument Docket
Tuesday, June 1

1. Shirley White, Cathy Dennison and Jenny Tyler v. Wyeth, et al. - 35296 - Defendants Wyeth and Ketchum, Inc. file a petition for review of the certified question issued by the circuit court, as follows:

"Does the 'as a result of' language in Section 46-6-106(a) [sic] of the West Virginia Consumer Credit and Protection Act require a plaintiff, in a private cause of action under the Act, to allege and prove that he or she purchased a product because of and in reliance upon an unlawful deceptive act?"

The circuit court answered this question in the negative and found that plaintiffs were not required to allege and prove that they purchased hormone replacement therapy drugs because of or in reliance upon a deceptive practice of defendant Wyeth. - Chief Justice Davis and Justice Workman disqualified, Judges Fox and Aboulhosn sitting by temporary assignment.

2. State of West Virginia ex rel. Bluestone Coal Corporation v. The Honorable James P. Mazzone, No. 35516, Petitioners seek a writ of prohibition prohibiting the circuit court from enforcing an order denying petitioners' motion to disqualify the attorneys representing the plaintiff.