Finding that the plaintiffs are likely to prevail, U.S. District Court Judge John Preston Bailey granted CCL's motion for a preliminary injunction against the operation of a new West Virginia statute that attempted to restrict lawyer advertising related to cases involving prescription drugs and medical devices.

      The statute placed a categorical ban on the use of the word "recall" in connection with drug or medical device advertising by lawyers, even if the manufacturer had recalled the defective product or a court had ordered the manufacturer to take it off the market. It also told lawyers that they could not use words like "consumer alert" or "alert" to catch a potential client's attention in their advertising. It further barred the use of a government agency logo because it might suggest an affiliation with the agency, even though the advertisements contained language indicating that this is a advertisement for legal services. In addition, the judge found problematic a host of disclaimers required by the law, at least two of which he determined were not factual or uncontroversial, as required by First Amendment precedent, but amounted to medical advice.

      CCL handled the case with the Segal Law Firm and represented two West Virginia lawyers, as well as one of the lawyers' clients.