State ex rel. Golden v. Hon. Kaufman (Signed Opinion)Annotate this Case
Mark Miller sued Justin Golden for criminal conversation, adultery and breach of fiduciary duty to a beneficiary, alleging that his ex-wife engaged in an adulterous affair with Golden that led to the Millers’ divorce. Golden filed a motion for summary judgment, which the circuit court denied. Defendant subsequently filed a petition for a writ of prohibition, arguing that all of Miller’s causes of action were, in essence, claims for alienation of affections, which are statutorily prohibited. The Supreme Court granted the requested writ of prohibition, holding (1) all of Miller’s causes of action were based on claims for alienation of affections; and (2) because all claims for alienation of affections are prohibited by W. Va. Code 56-3-2a, the torts of criminal conversation and adultery are hereby abolished.