Schaefer, David, and Bandy Obtain Favorable Ruling From the Supreme Court of Appeals of West Virginia.

SMS Attorneys Natalie Schaefer, Caleb David, and Kimberly M. Bandy obtained a favorable ruling from the Supreme Court of Appeals of West Virginia affirming summary judgment in favor of their clients. The plaintiffs alleged that a state agency and state official breached duties and defamed the plaintiffs after a press release was issued to notify the plaintiffs’ patients of a possible health risk. The Circuit Court ruled that the state agency and state official were entitled to qualified immunity, and the plaintiffs appealed. The Supreme Court affirmed the Circuit Court’s ruling, finding that the state agency and state official were engaged in discretionary acts when they issued the press release, that the state agency and state official did not violate clearly established law, and that the plaintiffs failed to establish any evidence of malice. As a result, the Supreme Court affirmed the Circuit Court’s decision granting the state agency and state official qualified immunity.

You can read the full opinion here: http://www.courtswv.gov/.../fall2023/21-0902-wooton-p.pdf