In 1994, the State filed suit in the Circuit Court of Kanawha County, West Virginia, against this nation's major tobacco companies seeking damages, including increased health care costs relating to smoking-related illnesses, incurred as a result of the marketing and sale of tobacco products in West Virginia. Similar actions where brought in states throughout the United States and, in 1998, the State, along with forty-five other states, (See footnote 2) the District of Columbia, the Commonwealth of Puerto Rico and four United States territories, entered into a comprehensive MSA with the original participating manufacturers (hereinafter “OPMs”). (See footnote 3) Pursuant to the terms of the MSA, participating manufacturers (hereinafter “PMs”) agreed to extensive restrictions on their marketing, advertising and lobbying, in addition to annual payments which would be divided among the settling states in exchange for the settling states' release of past and future claims against PMs. On December 11, 1998, the Circuit Court of Kanawha County entered a consent decree approving the MSA and incorporating its terms and provisions. The circuit court retained jurisdiction over the dispute for purposes of implementing, interpreting and enforcing the consent decree and MSA.
1. A circuit court order compelling arbitration is not subject to direct appellate review prior to the dismissal of the circuit court action unless the order compelling arbitration otherwise complies with the requirements of West Virginia Code §58-5-1 (1998) and Rule 54 (b) of the West Virginia Rules of Civil Procedure. A party seeking this Court's review of a circuit court order compelling arbitration prior to entry of a final order which complies with the requirements of West Virginia Code §58-5-1 (1998) and Rule 54 (b) of the West Virginia Rules of Civil Procedure must do so in an original jurisdiction proceeding seeking a writ of prohibition.#N#2. “In determining whether to grant a rule to show cause in prohibition when a court is not acting in excess of its jurisdiction, this Court will look to the adequacy of other available remedies such as appeal and to the over-all economy of effort and money among litigants, lawyers and courts; however, this Court will use prohibition in this discretionary way to correct only substantial, clear-cut, legal errors plainly in contravention of a clear statutory, constitutional, or common law mandate which may be resolved independently of any disputed facts and only in cases where there is a high probability that the trial will be completely reversed if the error is not corrected in advance.” Syllabus point 1, Hinkle v. Black, 164 W. Va. 112, 262 S.E.2d 744 (1979).
Education Coordinator, Public Speaker, Political Candidate, Teacher, Graphic Designer, Field Organizer
Administrative Services Assistant at State of West Virginia Department of Commerce
Health IT Dir. and Coordinator State Of West Virginia Office of Technology/DHHR State Hospital
Darrell Vivian McGraw Jr. (born November 8, 1936) is an American lawyer and Democratic politician. He is the brother of former West Virginia State Supreme Court Justice and state Senate President Warren McGraw.
He was elected the state supreme court for a single 12-year term in 1976. He was elected state attorney general in 1992 and re-elected in 1996, 2000, 2004, and 2008. He is the only person to h…
McGraw was born in McGraws-Tipple, Wyoming County, West Virginia. He graduated from Pineville High School and served two years in the United States Army, stationed in Germany, before beginning his undergraduate career at West Virginia University, where he served as student body president and dedicated the mast of the U.S.S. West Virginia, which still stands as a landmark at the university.
Prior to acting in an official capacity within West Virginian politics, McGraw took a behind the scenes role, serving as counsel to Hulett C. Smith, Governor from 1965 to 1969, and the West Virginia Legislature. For twelve years starting in 1976, he was a state Supreme Court Justice. During his tenure, McGraw upheld the state Freedom of Information Act, ordering that any exemptions that were to be granted related to this legislation were to be extremely limited. In 19…
While Attorney General, McGraw was criticized by some newspapers, state legislators, tort reform advocates, and the West Virginia Chamber of Commerce, who accuse him of cronyism, benefiting trial lawyers who contribute to his political campaigns, and inappropriate use of public resources. The WV Record is a newspaper financially supported and published by the US Chamber of Commerce.
Supreme Court
• 1976 – Elected
• 1988 – Defeated in primary
• 2016 – Defeated in non-partisan election with 22%
Attorney General