St. Mary's Medical Center, Inc. v. Steel of West Virginia (Signed Opinion)Annotate this Case
The Supreme Court reversed two orders of the circuit court unsealing an index of 349 documents and directing the Attorney General to produce eighty-nine of those documents.
Steel of West Virginia, Inc. (Steel) brought this action to enforce its request for production of material under West Virginia’s Freedom of Information Act (FOIA). The Attorney General received the 349 documents at issue in connection with his investigative powers under the West Virginia Antitrust Act regarding the proposed merger of St. Mary’s Medical Center, Inc. and Cabell Huntington Hospital, Inc. The Attorney General and St. Mary’s contended that the index of the 349 documents and the eighty-nine documents to be produced were exempt from disclosure. The circuit court awarded the production of the index as a sanction against the Attorney General for sharing part of the index with the Federal Trade Commission. The Supreme Court held (1) the sanction was inappropriate; and (2) the eighty-nine documents were not subject to rpdocution because the statutory exemption set forth in W.Va. Code 29B-1-4, which incorporates the confidentiality provisions of the Antitrust Act.