Should We Keep this Court? An Economic Examination of Recent Decisions Made by the West Virginia Supreme Court of Appeals

There has been much discussion lately about whether West Virginia’s economy could be bolstered by adopting various initiatives aimed at improving its business climate. While people tend to associate a state’s business climate with factors such as corporate taxes and regulations, the legal and judicial system is also an important element in determining the relative attractiveness of a state to business location and growth. State court rulings have significant effects not only on the cost of doing business in a state, but also on the predictability and risk associated with operating a business. The state’s business climate directly affects the decisions of companies whether to create new jobs here or somewhere else. In this study we examine some of the most important cases that have confronted the current West Virginia Supreme Court of Appeals, whose membership has been in place since 2005.

Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at [email protected].