WHATLEY KALLAS, LLP'S REPRESENTATION OF WEST VIRGINIA CLINICAL LABORATORY FEATURED IN THE NEWS

On Tuesday, January 28, 2020, Whatley Kallas, LLP partners Patrick Sheehan and Henry Quillen appeared in West Virginia state court to argue motions to dismiss the claims of their client MedTest Laboratories, LLC (“MedTest”) against Highmark West Virginia, Inc. (“Highmark WV”) and its fellow Blue Cross and Blue Shield plans (collectively, the “Blues”).  MedTest asserts claims for breach of contract and negligence against Highmark WV as well as claims for fraud, civil conspiracy, joint venture and unjust enrichment against all the Blues and seeks millions of dollars in damages based on the Blues’ failure to reimburse it for laboratory services it rendered to their members. 

The hearing took place in West Virginia’s historic Barbour County courthouse, which doesn’t often handle multi-million dollar civil litigation.  Although the case is technically pending in Wood County, the Honorable Shawn D. Nines, a Business Litigation Division judge who normally sits in Barbour County, has been assigned to preside over the litigation due to its complexity.  Although Judge Nines did not rule on the motions during the hearing, given the size of the case, the local media took keen interest in the proceedings.  Television and newspaper coverage of the case can be found at the links below:

https://www.wdtv.com/content/news/Hearing-for-multi-million-dollar-lawsuit-held-in-Barbour-County-567369831.html

https://www.theintermountain.com/news/local-news/2020/01/barbour-judge-presiding-over-6m-suit/