CHARLESTON, W.Va. -- West Virginia Attorney General Patrick Morrisey said a recent state Supreme Court decision is a "significant victory" for his office.
In their Nov. 13 opinion, justices ruled the attorney general may issue investigative subpoenas as part of his investigatory powers.
Former Attorney General Darrell McGraw filed the original Kanawha County suit, which involves allegations of a company's collection practices.
It was filed against Cavalry SPV I LLC, Cavalry SPV II LLC, Cavalry Investments LLC, Cavalry Portfolio Services LLC, Michael Godner, Steve Anderson, Don Strauch and Christian Parker.
The opinion, written by Justice Robin Davis, further determined if the attorney general files an action subject to an investigative subpoena, his subpoena authority does not cover matters forming the basis of the suit's allegations.
For that reason, justices reversed a part of the circuit court's order enforcing the entire investigative subpoena. The opinion states the court should determine whether any matters are subject to civil discovery.
"Not only did the Court uphold our Offices right to issue investigatory subpoenas, but the Justices also upheld our power to seek temporary injunctive relief as part of our enforcement proceedings," Morrisey said in a release. "Investigatory subpoenas and seeking injunctive relief are two essential tools in our quest to crack down on companies that either operate illegally or try to take advantage of our citizens."Contact writer Andrea Lannom at Andrea.Lan...@dailymail.com or 304-348-5148. Follow her at www.twitter.com/AndreaLannom.