West Virginia Supreme Court spat about recusal

This post has nothing specific to do with device litigation. 

It involves an amazing opinion by Judge Starcher of the West Virginia Supreme Court.  It astounds for the level of incivility between colleagues on the bench, and for its attacks on the principal of one of the parties to the litigation.  It is hard to imagine these gentlemen being in the same room now, never mind that they are colleagues on the bench and must work together.  Read it here.  This is the same court that produced the aberrant decision with regard to the learned intermediary doctrine not being a viable defense in the state of West Virginia (read that case here)

The Massey v. Caperton case is apparently a notorious case in West Virginia.  The judges apparently have personal relationships, and allegations of financial relationships with some of the parties involved.  Three of the five judges have been asked to recuse themselves.  One has now done so, and in a most public and colorful way has called on one of his colleagues to do the same.

The opinion is worth a read for those concerned about civility in litigation, and avoiding the appearance of impropriety in our judicial system.  This one is really quite amazing.

Comments

[Mike Shalhoub]

Indeed. I am not sure that I can pick what is 'more amazing'.

There is a lot amazing about this opinion, and about the facts behind it. You are right that not all of it has to do with civility. As I said in my post, it is also about avoiding the appearance of impropriety. And that applies to publicly denigrating parties appearing before the court, campaign contributions, vacationing with litigants; it is all amazing!

John Grisham should take note. Oops! He must have - The Appeal is out now.

Mike

[tde]

Isn't the more amazing thing that the Chief Justice was vacationing with one of the parties who had a $70M appeal briefed before the court.

Civility is nice, but it's nothing compared to that.