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State Supreme Court refuses writ request from church in switched at birth case


Jackie Lee Spencer (left) and John Carr III | Courtesy photo
CHARLESTON – The state Supreme Court has refused a request for a writ of mandamus by the Diocese in the case in which two 78-year-old men who say they were switched at birth by staff at a Catholic hospital.
The court issued its order June 14 after the Diocese of Wheeling-Charleston had petitioned the court. The vote was 3-2. Chief Justice Evan Jenkins and Justice Tim Armstead voted in the minority, saying they would issue a rule to show cause.
Following the Supreme Court order, Monongalia Circuit Judge Phillip Gaujot issued a scheduling order July 20 that lists deadlines for attorneys, including a pretrial conference scheduled for April 12, 2022. ....

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Supreme Court says a lower court exceeded its powers in healthcare billing case


CHARLESTON The West Virginia Supreme Court of Appeals ruled that a lower court exceeded its powers when it granted a motion to compel discovery.
Logan Circuit Court granted a motion to compel discovery, ordering Health Care Alliance Inc. and HCFS Health Care Financial Services to provide the names and addresses of all individuals with a West Virginia billing address who received communications from Health Care Financial Services between June 2016 and the time Kelsey Starr filed her complaint and account information regarding the individuals who received these particular communications.
Further, Petitioner was ordered to provide this information in searchable format, the June 15 Supreme Court opinion states. The circuit court further ordered that such responses shall not be disclosed by [Respondent Starr], or [Respondent Starr’s] counsel, outside the scope of this litigation, and [Respondent Starr] shall return or destroy the protected health information at the en ....

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