Attorney General Patrick Morrisey Story Archives - Page 4 of 26

W.Va. First Foundation Plans Next Steps

West Virginia has received $340 million of its current total settlement amount of $867 million from lawsuits against opioid makers and distributors.

The legislature created the West Virginia First Foundation to distribute those settlement funds in the 2023 regular session. Senate Bill 674 legally recognizes the creation of the foundation which was signed into law on March 11.

The foundation will handle 72.5 percent of the state’s settlement funds, while 24.5 percent will go to local governments. The remaining three percent will be held by the state in escrow to cover any outstanding attorney’s fees.

Steven Travis, general counsel, Office of the West Virginia Attorney General testified before the Joint Standing Committee on Health during the first interim session of the year.

“With the passage of Senate Bill 674 and it being signed into law, the next steps for our office is continuing to work in conjunction with the representatives of the local governments to draft and finalize the articles of incorporation, which is the legal document that will create the foundation, Travis said. “I am happy to report that those drafts are in, we believe, near-final form.”

“That money is currently being held in a series of qualified settlement fund accounts, which are fully protected guaranteed accounts such that, at an appropriate time that money can be distributed to the local governments as well as the foundation,” Travis said.

Once the articles of incorporation are finalized, an executive director and board members will be chosen.

The foundation will include eleven board members. The governor will appoint five, and six will be selected by local governments across designated regions. Each board member will serve a three year term.

Del. Mike Pushkin, D-Kanawha, asked Travis how regional directors will be chosen and if the population of each region will be taken into account.

“As the memorandum of understanding stands, the municipalities or counties would select a representative to attend a meeting where nominees would be voted on,” Travis said. “It will be weighted by virtue of the distribution percentages under the MOU such that the percentages within a region will be adjusted so they equal 100. So that if, let’s say, for instance, a county were to receive 25 percent of the total dollars within that region, then their vote would constitute 25 percent.”

The state has a pending claim against Kroger which is set to go to trial on June 5th.

ACLU Drops Federal Lawsuit Against W.Va. Abortion Ban

West Virginia abortion providers and advocates dropped a federal lawsuit challenging multiple provisions of the state’s near-total abortion ban.

The Women’s Health Center of West Virginia said in a court filing Monday that one of the physicians involved in the suit “has now determined that he will not be able to resume providing abortion care in West Virginia at this time.” The other physician involved in the lawsuit is “no longer available for that role.”

“The physicians who previously worked at the clinic are not able to resume providing abortion care in West Virginia at this time, and so the plaintiffs have decided to discontinue the lawsuit, but have reserved the right to refile if and when the circumstances are right,” said Aubrey Sparks, managing attorney of the ACLU of West Virginia. “The ACLU remains committed to using every tool at our disposal to ensure that everyone in West Virginia can get the essential care they need.”

The lawsuit filed on Feb. 1 claimed West Virginia’s Unborn Child Protection Act is unconstitutional, irrational and caused irreparable harm to the clinic and its patients.

West Virginia Attorney General Patrick Morrisey said in a press release that his office will continue to defend the state’s near-total abortion ban.

“As West Virginia’s first pro-life attorney general, I stand firm in the belief that it is our duty to protect innocent life,” Morrisey said. “We need to save as many innocent babies’ lives as legally possible. I am proud to stand for the most vulnerable of our society and the sanctity of life. My office stands ready to defend this clearly constitutional law to the fullest should this lawsuit be refiled, or against any other legal challenge.”

W.Va. Settles With Juul For $7.9 Million

West Virginia Attorney General Patrick Morrisey announced his office has settled a lawsuit with Juul for a total of $7.9 million.

The electronic cigarette company was accused of violating the state’s Consumer Credit and Protection Act by engaging in unfair or deceptive acts when promoting and distributing e-cigarettes in West Virginia. The suit said this was especially targeted at underage users.

“This settlement puts companies like Juul in check to not copy big tobacco’s playbook and gear marketing strategies toward underage people,” Morrisey said. “In Juul’s case, we have alleged it has deceived consumers about its nicotine strength, misrepresented the nicotine equivalency of its products to traditional cigarettes and understated the risks of addiction that occur with such powerful levels of nicotine.”

According to the Centers for Disease Control and Prevention, Juul e-cigarette pods contain as much nicotine as a pack of 20 regular cigarettes.

In 2017, more than 14 percent of high school students in West Virginia used e-cigarettes at least one day in the past 30 days.

Morrisey’s office stated the nearly $8 million is just part of the settlement, which includes stipulations dictating how Juul can advertise in West Virginia.

It is unclear how the settlement money will be used. West Virginia Public Broadcasting did not receive a response from the Attorney General’s Office before this story was published.

West Virginians Reminded To Use Caution This Tax Season

Consumers are being warned to be cautious and to protect personal information when preparing and filing their taxes.

With the April 18 tax deadline just over a month away, Attorney General Patrick Morrisey is reminding West Virginians to be careful with sensitive data such as Social Security numbers, birth dates and bank accounts. They are at greater risk from scammers.

Individuals should be mindful of how they handle tax information and who processes tax-related documents on their behalf.

If working with a preparer, research them beforehand and ask for their Preparer Tax Identification Number (PTIN) and check the IRS list.

When sending or submitting tax-related information, use a secure internet connection, and never file returns via publicly available WiFi.

Taxpayers who file through traditional mail should consider taking the mail to a local post office, as tax identity thieves have been known to steal tax documents from mailboxes.

Consumers can reduce the risk of fraud by filing their return well before the April 18 deadline. This gives thieves less time to file a false return since IRS records would show a filed return in the consumer’s name.

Individuals and households who make $60,000 or less a year can also get free help preparing basic tax returns from the IRS’s Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly (TCE) programs.

Consumers who believe they may be the victim of tax-related identity theft should contact the Attorney General’s Consumer Protection Office at 800-368-8808, or file a complaint online at www.ago.wv.gov.

Morrisey Takes Trans Sports Ban To The Supreme Court

In 2021, the West Virginia Legislature enacted a law “to defend the integrity of women’s sports” that prohibits transgender girls and women in the state from competing on sports teams at “any public secondary school or state institution of higher education.”

West Virginia Attorney General Patrick Morrisey announced his office is asking the U.S. Supreme Court to allow the “Save Women’s Sports Act” to take effect.

The bill passed on April 28, 2021 and the ACLU filed a lawsuit on May 8, 2021. Since then Morrisey’s office has fought to dismiss the lawsuit.

“Today, we are stepping forward with a major announcement pertaining to a filing that we’ll be making later this afternoon to defend the integrity of women’s sports here in West Virginia,” Morrisey said. “We will be making a filing up at the United States Supreme Court in order to lift the injunction that was recently placed upon the Integrity In Women’s Sports Law in the Fourth Circuit.”

Morrisey was assisted by attorneys from Alliance Defending Freedom (ADF), a self-proclaimed Christian-led legal organization, in filing this litigation.

Rachel Csutoros, legal counsel with the ADF called the filing a historical moment for all female athletes.

“It’s unfair, and it’s unsafe,” Csutoros said. “No males should be allowed to take athletic opportunities away from women. That’s why we’re giving the Supreme Court their first chance to protect women’s fairness and women’s sports from today’s threats. The Fourth Circuit was wrong to stop a valid law with no factual or legal basis. And we urge the Supreme Court to uphold West Virginia’s laws to respect the will of its state citizens and to preserve equal athletic opportunities for women and girls.”

Morrisey said the law protects female athletes’ safety and keeps female sports competitive for female athletes, consistent with Title IX and the Constitution.

Title IX was signed into law on June 23, 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.

“We talked about the 50th anniversary of Title Nine,” Morrisey said. “I think we should remember that today. It’s been so much good for women’s leadership and women’s sports. And I am optimistic of the result that we should be able to get from the high court.”

Attorney General Moves To Dismiss GenBioPro Abortion Lawsuit

West Virginia Attorney General Patrick Morrisey has filed a motion to dismiss a lawsuit filed by GenBioPro challenging the state’s abortion ban.

GenBioPro, a manufacturer of generic mifepristone, a medical abortion pill, filed a January lawsuit, suing in federal court to invalidate West Virginia’s medication abortion ban on the grounds the state is blocking its residents from accessing a drug approved by U.S. Food and Drug Administration (FDA).

According to a press release from Morrisey’s office, mifepristone is not banned under the Unborn Child Protection Act, also known as House Bill 302, West Virginia’s abortion ban.

He said the drug could still be used in legal abortions in the state, which are only allowed in cases of rape or incest, or to protect the life of the mother.

“As I have said before, while it may not sit well with manufacturers of abortion drugs, the U.S. Supreme Court has made it clear that regulating abortion is a state issue,” Morrisey said. “I will stand strong for the life of the unborn and will not relent in our defense of this clearly constitutional law.”

Morrisey was assisted by attorneys from Alliance Defending Freedom, a self-proclaimed Christian-led legal organization, in filing the motion to dismiss GenBioPro’s lawsuit.

While not directly related to this lawsuit, the law is also being questioned in court by the ACLU. The group filed a lawsuit saying the state’s abortion law passed through the West Virginia Legislature in less than 24 hours, in the aftermath of the Supreme Court overturning Roe v. Wade.

House Bill 302 outlaws abortion in West Virginia, with limited exceptions. In instances of legal abortion, the procedure is limited to M.D.s and Doctors of Osteopathic Medicine.

During the 2023 regular legislative session, several lawmakers have also signed on to a bill removing exemptions for rape and incest.

GenBioPro’s legal counsel, Democracy Forward, is challenging state abortion bans on behalf of drug manufacturers with its President and CEO Skye Perryman at the lead.

In response to Morrisey’s Feb. 21 filing, Perryman said, “We are reviewing Attorney General Morrisey’s response and are confident in the merits of our case.”