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CHARLESTON The West Virginia Supreme Court of Appeals granted a writ of prohibition to prohibit the enforcement of a March circuit court order that denied a motion to dismiss for lack of personal jurisdiction.
The Supreme Court ruled that Blue Cross Blue Shield was entitled to the writ of prohibition, vacating the order from Judge Shawn Nines, presiding judge of the state s Business Court Division, and denying their motion to dismiss for lack of personal jurisdiction.
Chief Justice Tim Armstead authored the majority opinion. Justice John Hutchison dissented and authored a separate opinion. In this original jurisdiction proceeding, Petitioners, out-of-state Blue Cross Blue Shield Plans . ask this Court to prevent the enforcement of the circuit court’s March 27, 2020, order, and to grant the requested writ of prohibition dismissing them from the underlying civil action for lack of personal jurisdiction, Armstead wrote. The Blues contend that t