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West Virginia Rejects Wrongful Conduct Rule
on Comparative Fault Grounds

August 17, 2015
Marc E. Williams

Reprinted with permission from The Federalist Society for Law & Public Policy Studies

In the latest round of litigation related to prescription drug abuse in Appalachia, the Supreme Court of Appeals of West Virginia declined to apply the wrongful conduct rule. The court held that the drug-addicted plaintiffs in the case were able to sue the pharmacies and doctors that provided  prescription painkillers to them, despite the fact that the plaintiffs engaged in criminal misconduct to obtain the prescription. Instead, these factors  would be considered along with the other circumstances under a comparative fault model.

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