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WV HB2816

Bill

Status

Engrossed

3/31/2025

Primary Sponsor

Joe Funkhouser

Click for details

Origin

House of Delegates

2025 Regular Session

AI Summary

  • Prohibits West Virginia courts from relying on legal treatises or secondary sources as authoritative when developing civil case law or common law
  • Applies specifically when secondary sources endorse creating or expanding causes of action, theories of liability, legal doctrines, rights, or remedies not already recognized under state law
  • Clarifies that provisions in legal treatises written from the perspective of a common law court do not constitute the law or public policy of West Virginia
  • Restricts judicial use of secondary sources only when the legal theory or remedy was not expressly recognized at the time the lawsuit was filed

Legislative Description

Relating to clarifying secondary sources are not the law and public policy of West Virginia in certain instances

Insurance

Last Action

On 2nd reading, rereferred to Judiciary

4/9/2025

Committee Referrals

Judiciary4/1/2025
Judiciary2/24/2025

Full Bill Text

No bill text available