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STATE EX REL. MYLAN, INC. v. ZAKAIB

Nos. 11-0392, 11-0440.

713 S.E.2d 356 (2011)

STATE of West Virginia ex rel. MYLAN, INC., Mylan Pharmaceuticals, Inc., and Mylan Technologies, Inc., Petitioners v. The Hon. Paul ZAKAIB, Jr; and James Sherman Johnson, Individually, Diamond Johnson, Individually, and Karen Marie Hayden-Jefferson, as Administrator for The Estate of James Hayden, and as Next Friend to the Minor Plaintiffs, Respondents and State of West Virginia Ex Rel. Mylan Technologies, Inc., f/k/a Bertek, Inc., Mylan, Inc., Mylan Pharmaceuticals, Inc., Petitioners v. The Hon. Jennifer Bailey; And William Davis Hall, Individually as Next of Kin of Harriet Elizabeth Hall, Deceased, and as Personal Representative of the Estate Of Harriet Elizabeth Hall, Deceased, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 23, 2011.

Attorney(s) appearing for the Case

Clem C. Trischler, Esq. , Ryan J. King, Esq. , Pietragallo Gordon Alfano Bosick & Raspanti, LLP, Pittsburgh, PA, for Petitioners.

Carl J. Roncaglione, Jr., Esq. , Charleston, WV, and David F. Miceli, Esq. , Simmons, Browder, Gianaris, Angelides & Barnerd, LLC, Alton, IL, Attorneys for Estate of James Hayden.

Harry F. Bell, Jr., Esq. , The Bell Law Firm, PLLC, Charleston, WV, and Collyn Peddie , Houston, TX, Attorneys for Estate of Harriet Elizabeth Hall.

WORKMAN, Chief Justice:

In these consolidated original jurisdiction actions, the petitioners, Mylan, Inc., Mylan Pharmaceuticals, Inc., and Mylan Technologies, Inc. (jointly "the Mylan Petitioners"), seek writs of prohibition in two actions pending in the Circuit Court of Kanawha County, West Virginia. In each action, the circuit court denied a motion filed by the Mylan Petitioners to dismiss the case on the basis of forum non conveniens. The Mylan Petitioners assert...

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