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Simple, State-Law Tort Suit Over Car Wreck Turned Into Federal Preemption Case Revolving Around the Unfathomable Morass Called ERISA
Legal Profession Blog
[Opinion] Jan. 5, 2009 "The year of the West Virginia Supreme Court of Appeals has ended with a series (seven, by my count) of dissents and one reluctant concurrence from Justice Starcher. In a case involving a hospital's subrogation claim: 'I dissent because, in my 12 years on the appellate bench, I have too often seen arcane procedural decisions like this one flow forth from this Court. These decisions brilliantly and eloquently describe the trees, while failing to recognize the surrounding forest. These kinds of decisions may be technically correct, but they wholly miss the public policy waves that will ripple from the Court's decision[.]' " MORE >> |
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