Thank you for sharing!

Your article was successfully shared with the contacts you provided.

West Virginia Supreme Court of Appeals Justice Menis Ketchum on Monday reversed course and decided to recuse himself in a pending case on damage caps in malpractice cases, an issue on which he had taken a stand during his election campaign. “Upon further reflection I am disqualifying myself” from the case MacDonald v. City Hospital, Ketchum wrote in a memorandum released by the clerk of the court.

We reported on Ketchum’s initial refusal to recuse here on Friday. The issue in the case is the constitutionality of the state Medical Professional Liability Act, which limits non-economic damages to $500,000. The plaintiffs lawyer Robert Peck of the Washington, D.C.-based Center for Constitutional Litigation filed a motion for recusal last week after reading local West Virginia media reports that during the 2008 election, Ketchum had said of the law, “I will not vote to overturn it. I will not vote to change it. I will not vote to modify it.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.