State, ex rel. 3M Co. v. Hoke (Signed Opinion)
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The Supreme Court denied Defendants' petition for a writ of prohibition prohibiting the circuit court from enforcing its order permitting the Attorney General to amend a complaint and granting the Attorney General's motion to sever the counts in the complaint for discovery and trial, holding that the circuit court did not err as a matter of law or exceed its legitimate powers.
The order at issue permitted the parties to conduct discovery regarding whether the discovery rule tolled the statute of limitation on the Attorney General's claim that Defendants violated the West Virginia Consumer Credit and Protection Act (CCPA) and allowed the parties to discover and present evidence on whether Defendants committed multiple violations of the CCPA such that the circuit court might consider imposing multiple penalties. The Supreme Court denied Defendants' petition for a writ of prohibition, holding that the circuit court had jurisdiction and did not exceed its legitimate powers.
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