In The News

West Virginia Supreme Court Unanimously Denies Writ of Prohibition

1/25/2008

On January 8, 2008 Jack Tinney successfully represented Donald E. Smith and his wife, Sherri L. Smith, before the West Virginia Supreme Court. The Smiths had brought an civil action against Nationwide Mutual Insurance Company and its insured. Nationwide petitioned the West Virginia Supreme Court for the issuance of a Writ of Prohibition against Kanawha County Circuit Judge Tod Kaufman who had previously refused Nationwide's demands for a Stay of Discovery and had ordered the production of certain documents for an in camera inspection.

The West Virginia Supreme Court denied the petition unanimously, and issued two new syllabus points regarding the assertion of privileges, the production of privilege logs and the ability of litigants to obtain discovery from insurance companies when the company is a defendant in non-bad faith cases.