State ex rel. W. Va. University Hospitals--East, Inc. v. Honorable Hammer (Signed Opinion)
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The Supreme Court granted a writ of prohibition prohibiting the circuit court from enforcing an order granting class certification in the underlying civil action filed by Respondents, holding that class certification was improperly granted.
The underlying suit arose after an employee of Petitioners - three hospitals, misappropriated the private information of certain patients from Petitioners' medical records during the course of performing her authorized job duties. Respondents - Deborah Welch and Eugene Roman - successfully certified a class of approximately 7,445 individuals. The Supreme Court granted this petition prohibiting the circuit court from enforcing its order granting class certification, holding (1) Welch lacked standing because she suffered no injury-in-fact; and (2) as to Roman and the subclass of 109 individuals he represented, the prerequisites to class certification were not met.
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