State ex rel., West Virginia University Hospitals, Inc v. Honorable Phillip D. Gaujot (Signed Opinion)
Annotate this Case
The Supreme Court denied a petition requested by West Virginia University Hospitals, Inc. and West Virginia United Health System, Inc. (WVU Hospitals) to invoke the original jurisdiction of the Court to obtain an extraordinary writ of prohibition in relation to a class action that had been pending since 2013, holding that Petitioners failed to show they were entitled to the writ.
In their petition for prohibitory relief WVU Hospitals argued that the circuit court violated the express mandate of the Supreme Court as set forth in State ex rel. West Virginia University Hospitals, Inc. v. Gaujot, 829 S.E.2d 54 (W. Va. 2019), by failing to conduct a sufficiently thorough analysis of the factors required for class certification and by failing to give careful consideration to certain ethical issues. The Supreme Court denied the requested writ, holding (1) there was no inadequacy in the circuit court's findings of commonality and ascertainability; and (2) the circuit court was under no obligation to revisit its predominance analysis or the class definition under the Supreme Court's prior mandate.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.