Monitoring Settlements in Lawsuits Against State Agencies: SB 667 (2002)

West Virginia

Required anyone planning to sue a state agency to notify the agency 30 days before filing in court. The law required an agency defendant to alert the Senate President and the House Speaker. The purpose of S.B.667 was to avoid the kind of settlements that occurred previously in the Recht School and the Hartley mental health cases. In those cases, agencies settled without aggressively defending the state’s interests, leaving the Legislature to foot the costs of the settlements by rebuilding schools and revamping the mental health system.

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