With the denial of a petition for certiorari, the Supreme Court today ended Recht v. Morissey, CCL's challenge to a West Virginia lawyer advertising statute that, among other things, banned the truthful use of the word "recall" in solicitations for clients in drug and medical device cases. 

      CCL had won a federal district court decision, striking down the statute in a summary judgment motion. The U.S. Court of Appeals for the Fourth Circuit reversed, deferring to the legislative judgment that the use of the word was "inherently misleading" even when entirely accurate. That left only a petition to the Supreme Court as a way to obtain a more thoughtful decision that respected precedent. Unfortunately, the Court declined to hear the issue at this time, marking the end of the road for that particular case. Other challenges will undoubtedly be mounted.