Latest / The Dave Allen Show / 03/19/2024 The Dave Allen Show on 580 Live - Jason Pizatella, Rusty Webb

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03/19/2024 The Dave Allen Show on 580 Live - Jason Pizatella, Rusty Webb · The Dave Allen Show

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or WVRC Media. From the studios of WVRC Media, the country,
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the United States of America, the state West Virginia, the city Charleston.
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This is the Dave Allen Show on five eighty Live and your host. What
0:44
we've got here is failure with new Kay. He's kind of a big deal.
0:50
I have come here to chew bubble gum and kick out at a ball
0:55
out above. Dave Allen. Yeah, a good Tuesday, Good morning to
1:00
you. Welcome to the show. Ryan Nicholson Design producer Today big Ley Pigley
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the Palmar Store studio. Reminder, the Palmers Scary Creek location just off the
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Saint Albans exit of IS sixty four has reopened and you can mark this day
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down Thursday, March the twenty eighth that today Palmer will be teving up with
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to one KWS and Parmar stores. If there's not a Parmar store near you
2:08
now, there will be soon. We had to kind of do some shifting
2:13
things around this morning, and I'm going to tell you why coming up here
2:16
in just a couple of moments. That's why you know you always plan on.
2:21
I'm being prepared for things that change. I can tell you coming up
2:23
to the next segment, we are going to have with Jason Pizzotela, who
2:27
was the CEO of the Contractors Association of West Virginia. They're gearing up for
2:30
their big event next two days tomorrow and Thursday at the Kyle Seeman Convention Center,
2:35
the West Virginia Construction and Design Expo, and Jason's going to join us
2:38
to talk about that. Also breaking news yesterday, if you followed this opioid
2:43
case out of Cavell County, City of Huntings and Cabell County Commission all involved
2:46
in that. It looked like that that case was going to be over and
2:51
done with, but some changes happened yesterday. There was a court ruling and
2:55
we've got a story. Jeff Jenkins says, the story about it posted a
2:59
WV Metro News that's not completely dead yet. So coming up a little bit
3:05
later on, I'm going to have Rusty Webb joined us on the show.
3:07
Rusty, of course, was one of the attorneys that has really been involved
3:10
in this thing from day one, and so I'm want to talk to Rusty
3:14
about that. Coming up a little bit later on. Plus your calls and
3:16
Texter Welcome, Bigley, Piggy Wiggly Hotline three zero four three four five fifty
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eight fifty eight for pharmacy texts three zero four nine three five five zero zero.
3:24
Waight, now for the change part. Originally in the first segment of
3:28
the show today, I had Trasi Cabll scheduled, who was a candidate for
3:31
magistrate here in Kanawha County. Trusty reached out to me a couple of weeks
3:35
ago about coming on the show, and as we always do with our candidates,
3:38
we say absolutely, you can come on. Well, unfortunately Treessee had
3:42
a little family emergency and she sent me a message about that about ten or
3:46
fifteen minutes ago. Hey, it happens, you're dealing with real life humans
3:49
here. We forget sometimes that political figures are in this case, people who
3:53
are running for political office, you forget that they're humans and they got families
3:57
and they got things, and things happen sometimes. So best of luck to
4:00
Tressey. We will get her rescheduled at a later time, don't know exactly
4:04
when, Probably not this week, probably looking toward next week. So I
4:09
do hope that things work out with the She had a situation with a family
4:13
member she had to take care of, and again I completely understand it does
4:15
happen. So we'll get Tracy Cappell, who's candidate for magistrate in Kanaw County,
4:19
on the show, probably one day next week. I do want to
4:26
throw this out there though, and I was going to save this for a
4:28
later time, but you know, there's a reason why I come in prepared
4:30
to just handle just about anything every day. And I was reading a story
4:36
and it had to do with COVID. And here we are, twenty twenty
4:40
four, we're four years into it, and you're probably saying the last thing,
4:44
I thought we were over it. I don't want to talk about it.
4:46
Well, Mark, just kind of an anniversary when it comes to COVID.
4:49
When you think about it, it was about four years ago when the
4:55
whole world, or at least portions of it shut down. If you remember
5:00
you go back in time, state tournament was going on over the Kyle Seamen
5:01
Convention Center and it was canceled abruptly. And at that point, we'd been
5:06
hearing rumors after the first of the year rallies, when they first started coming
5:11
in, when we first heard the COVID cases out of China, and then
5:15
West Virginia became one of the last states in the nation, if not the
5:18
last states, to actually have a COVID case, and then we got hit
5:21
hard with it like everybody else did. But it was about four years ago
5:25
this month that schools, businesses, restaurant, churches seems like forever ago,
5:30
but everything effectively shut down. And now doing some reading on this, as
5:38
was reported by all news of all news outlets out there, the New York
5:43
Times, that shutting things down, particularly schools, was a bad idea.
5:53
Yep, you can read it for yourself in yesterday's New York Times. Now
5:58
I'm going to give you direct ces quote from the story here. This was
6:01
a direct quote. Today, there is broad acknowledgment among health and education experts
6:09
that extended school closures did not not significantly stop the spread of COVID, while
6:17
the academic harms for children had been large and long lasting. End quote.
6:23
Now again, this was a story in the New York Times yesterday. Doctor
6:28
Sean O'Leary, who was a pediatric infectious disease specialist who helped at that time
6:34
write the guidance that was used by the American Academy of Pediatrics, said,
6:40
basically, it was a mistake. And granted we talked about this before,
6:47
there was really no playbook to go by. You know, we'd never seen
6:51
a situation like that. There were those in the early days that said,
6:54
well, we had the Spanish fluid, and it's you can't compare the two
7:00
illnesses, and you can't compare our lifestyle as it was back then in the
7:05
late you know, well, actually, the I guess the teens of the
7:10
twentieth century with the teens or into the twenties of the twenty first century,
7:15
you really can't compare the two. But if you dive deeply into the story,
7:20
as I did yesterday, and now apparently other health experts are coming out
7:28
and saying the same thing. We did irreparable harm to our kids by shutting
7:33
everything down like we did, and the very health experts, many of them
7:40
who were calling for it then are now dialed back. Now the long term
7:46
effects of test scores and overall academic performances are pretty plain to see. We
7:55
simply blew it. Quoting the story again, this is directly from health exper
8:01
And again I'm going to get into you know, you know me if you
8:05
listen to the show. I've done this show for four years, and may
8:07
you know I was not a COVID denier. I wore the mask, I
8:11
got the vaccine, the whole deal. I'm not a COVID denier. Maney
8:13
struct to the imagination. My only problem was with the way we handled it,
8:18
quoting the story. Infectious disease leaders have generally agreed that school closures were
8:24
not an important strategy in stemming the spread of COVID. Those words from doctor
8:33
Gene Noble, who directed the COVID response at the University of California's San Francisco
8:39
Health System again quotes and then I'll let it go. Could we have used
8:45
data to better guide our decision making? Yes, that quote, According to
8:52
doctor Uzma Hassan, who was the Division chief of Pediatric Infectious Diseases at our
9:00
WJ. Barnaba's health in New Jersey, Fear said the doctor Fear should not
9:07
guide our decision making. End quote now again, before anyone says, Dave,
9:13
if you been watching too much Fox News, News Max. Listeners to
9:16
this show, know that for the past four years, I've talked about how
9:22
much I loathe Fox News and Newsmax and all these outlets. This reporting was
9:28
done by the New York Times. I mean, we simply screwed it up
9:35
badly by shutting everything down, particularly schools, when pretty much, according now
9:43
to the science, and remember trust the science. The science, it did
9:48
absolutely nothing to stop the spread of COVID, and it did in reparable harm
9:56
to our kids. All we did was screw our kids up even more than
10:00
what they're already screwed up. Read it for yourself Yesterday's New York Times.
10:05
And we can only hope if we ever face anything like COVID again, and
10:09
we're going to, I mean, the experts have said it's going to happen
10:13
again, that we will not allow ourselves to be governed and controlled by fear.
10:18
We blew it big time. COVID was real. I lost people to
10:24
COVID. One of my best friends from high school at fifty years old,
10:28
dead gone. It was real. One percent. I had it, although
10:33
for me, thankfully, it was nothing more than a could. But I
10:37
was lucky again, vaccinated, boosted, wore the mass, respected boundaries.
10:43
I was not one of these people that said, you're not going to tell
10:46
me I can't know if I walk in your store. You make the rules.
10:48
That's the bottom line. And I did it, and I did it
10:50
in office settings and whatever. I was one of the fortunate ones. I
10:54
didn't lose any you know, income or whatever, because I still had to
10:58
work this job and other jobs that I work. But again, the shutdown
11:07
of everything, I can only hope and I only hope to Heaven above that
11:11
the next time that we have something like this, we do not respond in
11:16
the same way we did in twenty twenty four, because our economy, our
11:22
kids are the ones that really really suffered in are handling of this. But
11:28
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Please tell us who the politicians were that were in charge of West Virginia at
11:45
the time of the COVID lockdowns. That would be Governor Justice, and it
11:48
would be Trump in the White House. No argument, Texas, Dave,
11:52
you're being generous and saying COVID slowed things down. The correct term would be
11:56
killed things. Restaurants in retail have not returned to normal downtown and Charleston is
12:01
dead by eight pm. Heck, even Walmart got rid of the twenty four
12:05
hour openings. As a texture Texas COVID Hindsight's twenty twenty, no one knew
12:11
what we were dealing with at the time. Monday morning quarterbacking is pointless at
12:16
that time. It would have been great to have all the levels of government
12:20
on the same page, agreed Texter agreed. But instead we got a president
12:24
telling people to use bleach and deworming medicine to a virus. Says a Texter,
12:28
agreed, Trump blew it. That's my The last part was mine.
12:35
Texta. It's funny how conservatives trash New York Times. When the New York
12:37
Times put something out conservatives agree with Suddenly, the New York Times is a
12:41
reputable source. Only thing I pointed out was the fact that it was being
12:45
reported by the New York Times. That's the only thing I pointed out.
12:50
Texas, call us this is a kind of a memes card read. I
12:54
appreciate it, but call us anti vaxxers covid idiot's conspiracy theorist doesn't really make
13:00
You're mocking with the people who have correctly predicted every stage to the scam with
13:03
a one hundred percent success rate, says a texture. All right, I
13:09
got that. I've kind of written that up yesterday, and I thought,
13:11
well, I'll get into that if I get an opportunity. It just so
13:13
happened because of the cancelation of a guest that you had to take care of
13:16
family emergency. I did get an opportunity to get into it. So so
13:20
that, all right, we're going to take a break. When we come
13:22
back to Jason Pissontella well join us. We're back after this from the Palmars
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Pigley Wiggley Hotline three zero four three four five fifty eight fifty eight Fruit Pharmacy
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Texts three zero four nine three five five zero zero eight six says you can't
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extrapolate data specific on school closures as to COVID to other sectors of the economy.
15:54
Think of it like this. There is data that some radio show hosts
16:00
spread lies and disinformation. Therefore Dave Adam lies and spreads spreads disinformation on his
16:06
show. Well, I'd be the first to tell you that's probably true.
16:10
Texa day, we did what we had to do at the time. Everyone
16:11
should have had internet service in this country by now, and we don't.
16:15
This is why our kids got behind in infrastructure failure, says a texture I've
16:22
been bringing in Jason Pizitella, West Virginia Construction and Design Expo begins tomorrow and
16:26
runs tomorrow and Thursday at Kittle Seema Convention Center. Jason is the CEO of
16:30
the Contractor Association of West Virginia. The folks putting this whole thing on ADI
16:33
joins us now, Jason, Good morning, Welcome to the show. Morning
16:37
Dave, thanks for having me on the program again. Thank you for being
16:38
here tomorrow and Thursday with to Kytle Seema Convention Center. We'll get into the
16:41
specific slate but a little bit later, but to overall overall, what's this
16:45
whole thing about. So every year the contractors, along with the architects and
16:49
the engineers host the West Virginia Construction and Design Expo at the Civic Center.
16:55
It's really the It's the two days of the year where almost every one that
17:00
is associated with the construction industry will pop their head into the Civic Center for
17:04
at least a little while, if not for a continuing education class or to
17:08
hear a keynote speech, or to just for some just to see the latest
17:11
equipment that's on display. As the construction season, at least outdoor construction in
17:15
the spring is ready to heat up again, the manufacturers and dealers have all
17:19
their equipment there, and it's really just everyone in the industry in one place
17:23
for two days every year. And I think it's interesting, Jason to point
17:27
out that what you said there about continuing education, this is not something like
17:30
a necessarily like a hunting and Fision show or a home shore or whatever.
17:34
We're just stuff on display for the community. That's a very big part of
17:38
it. But there's a lot more that goes into this as well, as
17:41
you said, if you're in that business, you can actually learn stuff and
17:44
get credit for it by going to some of these things. Yeah, you
17:47
sure can. Not only are there the continuing education classes for people that are
17:51
already in the industry, but one of the things we're also really excited about
17:53
now for the second year in a row is that reverse job fare that we
17:57
have for students and young people that are considering to getting into the industry.
18:02
To be able to just walk into the Civic Center Wednesday and Thursday and see
18:06
almost everyone involved in the industry in case they're interested. Some of them might
18:08
leave with a job. I know other organizations have done reverse job fairs.
18:14
You hear that term. Explain to people how that works again, Yeah,
18:17
so essentially what it means is instead of the employer interviewing the student or interviewing
18:22
the candidate or the applicant, we do it the exact opposite. We partner
18:26
with the state Department of Education and all the community techical colleges that are here
18:30
locally that want to participate and invite their students, and the employers are the
18:36
ones going to the applicants and to the students. I've taken part in these
18:40
things back in my governmental days, and it's really interesting because again, you
18:44
know, let's say that I'm a prospective employee and my producer Ryan's of a
18:48
perspective employee. We set up at a table and the employers come to us.
18:52
I love it. I love the concept. There are so many options
18:56
now, Dave. And you know, we were talking before the segment about
18:59
all the things that have changed since the COVID nineteen pandemic, and one of
19:02
those things I hear a lot talk about is the great resignation, people changing
19:06
jobs, people changing careers. So now there are so many options for people
19:10
young and old, and we try to do, at least for these couple
19:14
of days to maybe correct misconceptions that people might have about the industry about what
19:18
the availabilities are, because they are really good paying jobs in the industry,
19:22
and ninety nine times out of one hundred, we'll have people that'll pay to
19:25
get someone trained for that job exactly because there's a great shortage of qualified workers.
19:29
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I'm want talking about the keynote speaker. Keynote speaker has got quite a
19:40
story to tell. Get into that. Yeah, Captain Plumb is fascinating.
19:41
We first met him about a year ago when he was the keynote speech at
19:45
one of the Contractors Association's midyear meetings. A prisoner of war, United States
19:52
Navy fighter pilot retired, he really has an inspirational story that I think the
19:59
people who will be joining us tomorrow morning for his talk are really going to
20:02
leave excited about. He's not just a traditional motivational speaker, someone who spent
20:07
years as a prisoner of war and converts that into you know, what we
20:11
can do today as professionals, not just in the industry, but outside the
20:15
industry, I think people were really at least when I first heard Captain Plump
20:18
speak for the first time, I left really motivated, and I think the
20:22
people that hear him tomorrow speak will as well. Jason Pistel is here from
20:26
the Contractor Association of West Virginia talk about the state of contracting if you will
20:33
in West Virginia right now. As you said, you know, we're still
20:34
recovering from COVID and we will be for some time. And we hear all
20:40
of the I mean we hear a lot of these announcements coming in from New
20:41
Corps and all these other places. Where does the contractor or not the association
20:45
issury, but where does the laborer come in to all this? What are
20:49
you seeing out there? As far as building contracting jobs go. Overall,
20:53
it's a busy time in the industry. I've been on the job now just
20:57
over a year and a half, and New Core is a perfect example.
21:02
David. I mean, you take the Governor's Roaster Prosperity Program, you take
21:06
the Infrastructure Investment Jobs Act, the Inflation Reduction Act. There are billions of
21:10
dollars right now that have been invested since twenty seventeen in infrastructure, not just
21:15
West Virginia but all across the United States. And what we're seeing now is
21:18
there's just so much work and it's sometimes making it harder to get that recruitment
21:23
and retention for those latest people that want to work in the industry. So
21:26
it's a busy time. It's a good problem to have. I would rather
21:30
we have the problem we have now than the exact opposite, where there's just
21:34
not enough work. Whether the government is not putting contracts out forbid and putting
21:38
people to work, people are working. We just have to find more men
21:41
and women that want to stay in the industry and treat it as a career.
21:45
And I'm probably going to oversimplify this point, Jason, but again,
21:48
if you are a man or woman out there now and you have a certain
21:53
skill set, or you're willing to even learn a certain skill set, and
21:57
there are certainly places I know right here in the valley where you can learn
22:02
these things, you can pretty much choose your job at this point. I
22:04
mean, is that a fair, fair assessment? That's fair, That is
22:08
fair. And the educational institutions in our state, both CTE and community techical
22:14
colleges have really done a good job of creating those training programs that the industry
22:18
needs and doing it very quickly. You know, a lot of times you
22:21
say, well, government can't move fast. I had a contractor just a
22:23
few months ago saying I need such and such training for this many people,
22:29
and we had one of our ctc's say we can get you a program up
22:33
and running by this summer. And it's that type of flexibility and working together
22:37
with our educators that they quite frankly, Dave, are helping our industry thrive.
22:41
Yeah. And I'm a little partial to folks out at Bridge Valley simply
22:45
because they're a sponsor of the show. But I mean there's others out there
22:48
in addition to Bridge Valley that are doing a great job of listening to what
22:53
the business community says, as opposed to twenty thirty years ago. Well,
22:57
okay, actually over thirty when I was in college where we were going in
23:02
and we were being spoon fed something and then going out and try to find
23:06
a job. These these community college, these technical institutions like you Bridge Valley,
23:11
and there are so many others that are out there as well. They're
23:14
listening to people and they're listening to the contractors. They're listening to the new
23:18
Cores, the Toyotas, or whatever the case may be, and say okay.
23:21
Instead of giving them information that will maybe allow them to answer a question
23:25
on Jeopardy someday, we're actually giving them some stuff that not only can they
23:29
use to get a job, but that we can use, no question about
23:33
it. And as an industry, I don't know what we would do without
23:36
those institutions. You know, New Core is a perfect example, hiring two
23:38
thousand needing to hire two thousand people to build that facility, and then between
23:42
seven hundred and eight hundred people to work there once it's built. It's not
23:47
just construction that has recruitment challenges. We all do, and so I think
23:49
it's in all of our best interests to work together, and our educational institutions
23:53
have really stepped up. Talking to Jason Pizotela, the Dave Allen showing five
23:57
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24:22
if I want to get involved in this as far as being a one of
24:27
the vendors so to speak, is it too late? Are you all fooled
24:30
up or what? So? For our exhibitors, we are completely sold out.
24:33
We do have a wait list, but I still encourage anyone that's interested
24:37
to go online to wvxpo dot com, sign up to attend. You see
24:41
what we're all about this year, and come back and visit us again in
24:45
twenty twenty five, because it's a really exciting event to put everybody all in
24:48
the same place. Yeah, and again you can, even though you may
24:52
not have the space, as Jason saidfy, to get involved this year.
24:55
You can certainly kind of see what it's all about and get some ideas from
24:57
each other. Can you tell me some of the people that will I mean,
25:00
we talked about some of the speakers we talked about. Know there's an
25:03
after hours reception happening too, But can you tell some of the people that
25:07
if the public comes out that they will be seen there. Yeah. So
25:11
they'll see contractors, they'll see engineers, they'll see architects, they'll see equipment
25:17
manufacturers, equipment dealers, people that are that are building water and sewer infrastructure
25:22
in West Virginia, broadband, pretty much everything day that's being built right now
25:27
in West Virginia. There'll be some facet of those industries represented over at the
25:32
Civic Center this week, which is why I tell people it's free for qualified
25:36
attendees to go online check it out. If you think it's for you,
25:38
sign up and come see us tomorrow yew and Thursday too, Right, Thursday
25:42
until four o'clock. I think, what are the hours tomorrow ten am to
25:45
eight pm? All right? And again, this is just a huge event
25:51
for Charleston to be able to host this thing because again you have people literally
25:53
from all over the country that are coming out for this. This is not
25:56
just a Canaw Valley thing. That's exactly right. We will pep from all
26:00
over the state and all over the region. And for our equipment manufacturers sometimes
26:03
they come from a pretty great distance to being West Virginia. For this week,
26:07
we're looking forward to it again. I appreciate you taking time out of
26:10
your schedule to be there. I got a website that you want to push.
26:12
I know you mentioned earlier. Go and put it out there again.
26:15
Yeah, wvxpo dot com. And I'll just say one of the things for
26:18
people that might be interested in the industry, try buildwv dot com if you
26:22
get a minute. People that are interested maybe in a career construction. That's
26:26
our workforce site where we try to direct people to those employers who are hiring.
26:30
So wvxpo dot com and build wv dot com for those that have a
26:33
few extra minutes. I want to have you on again, maybe once you
26:36
get once you're actually rested up a little bit from this week's activities, maybe
26:40
in a month or so. I want to have you on to talk about
26:41
that website and what people can learn, because again I hear it all the
26:45
time, Jason out in the community, people saying we need this built,
26:48
we need this done, we need employees, we just can't find them.
26:51
I want to maybe have you on again just to talk about nothing but that
26:53
you know I'll come back anytime day. Thank you all. Good luck with
26:56
everything because it's a heavy lift, no pun intended to get everything downe over
26:59
there is it? Tell again it is going to be Wednesday and Thursday at
27:03
the Coliseum Convention Center. Hit those hours again ten am to eight pm tomorrow
27:07
and ten am until midafternoon on Thursday. All right, Jason, I appreciate
27:11
it man. Thanks a lot to Dave alland showing five Minuay Live. Brought
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by their student service organization that's going on on the campus today, Texas.
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I have a certain skill set Dave. I will look for that job.
30:59
I will find it, will kill at it. Great attitude, Texas day.
31:03
Billions have been spent a new infrastructure, but it will be wasted because
31:06
of no maintenance. Look at the Washington Street bridge, says a texture,
31:11
Texas, what do you mean? West Virginia is still recovering for the pandemic.
31:15
If it's unemployment, West Virginia's rate is twenty nineteen, I'm sorry.
31:19
In twenty nineteen was five point two percent. It is now four point three
31:22
percent. If it's workforce participation, it was fifty five point one percent in
31:26
twenty nineteen, it's now fifty five point three percent. If it's availability of
31:30
jobs, President Biden's Infrastructure and Inflation Production Act took care of this, says
31:37
a texture. Well, you know, good points brought up there, But
31:40
still still a lot of folks are still recovering from the damage that was done
31:45
to their businesses by COVID shutdowns in twenty twenty. Resty web is here.
31:51
Hey man, Hey, how we're doing. I'm doing well. Thank you,
31:55
thank you, thank you for being here today. All right, so,
31:59
Jeff Jenkins, says story post to w Metronews dot com. A decision
32:01
Rusty yesterday rendered out of the US Fourth Circuit Court of Appeals that could keep
32:07
alive claims by the City of Huntington and the Cabal County Commission against a three
32:10
big opioid distributors. Now you can read the order for yourself. It's posted
32:15
as part of Jeff's story on the website, or you can explain it to
32:19
us better. So what exactly happened yesterday Rusting, Well, they took it's
32:25
a rare procedural thing that they did, which was to certify the question to
32:31
the West Virginia Supreme Court. And this is the question under West Virginia's common
32:36
law, that's judicial judicial opinions. Can conditions caused by the distribution of controlled
32:43
substance constitute of public nuisance? And if so, what are the elements of
32:47
such public nuisance claim? And the reason they did that is they found a
32:52
conflict between the Southern District judge ruling and law that they found in West Virginia,
33:02
primarily a circuit court and a and the multi litigation panel had said conflicting
33:10
at set forth conflicting laws. So finding a conflict, they decided that it
33:16
was best that the highest court in the state, which is our Supreme Court
33:22
should resolve that issue, that conflict. I should say, between those those
33:28
findings, did that surprise you at allmust happen? Was it surprising? No?
33:37
Because during oral argument they they asked the question a couple of times,
33:44
why why why it wasn't taken to the Supreme Court procedurally on a certified question.
33:50
So it they kind of gave. They gave, gave a foretold that
34:01
they were going to that possibly do this. It's very rare. It's very
34:06
rare. But there was something that you heard in listening to this that kind
34:10
of as your attorney mine kind of kicked in there, that kind of made
34:14
you think, Okay, there may be a little bit of hope for this.
34:16
Yes, Now, explain the whole background of this whole story, because
34:20
and we hear about it in the news, and you know, there's lawsuits
34:22
and so on and so forth. Capital County was involved, there was you
34:25
know, ties to Knaw County as well. But explain to us what this
34:30
all stems from. Take us back from day one. Well, in the
34:35
beginning, there was let's all go back that far. Well, they well,
34:38
they dumped the manufacturers and the distributors and the pharmacies all put a ton
34:51
of pills in our state, and of course Huntington and Cable was hit I
34:55
guess the hardest. I don't the hardest, But our case was in federal
35:01
court and the other cases that settled around here where everyone is getting everyone got
35:07
the checks, all the cities and counties that permeated its way to the state
35:12
court and a state. This Supreme Court provides a mechanism for that by appointing
35:19
a three judge panel to oversee these state cases. So Huntington tried its case
35:25
and Cable County tried its case in front of the federal court, which was
35:30
kind of a test case. I mean, it was just the judge in
35:36
Cleveland allows certain cases to be tried. He was the head guy in Cleveland,
35:44
and so it was tried, and on I think July fourth, literally
35:47
July fourth, twenty twenty two, judge, our local judge Favor rendered an
35:54
opinion one hundred and eighty two pages. I think it was. It said
35:58
that that these activities did not fit within a nuisance. The law of nuisance,
36:05
that's where you create, you do things illegally, and you create a
36:13
situation where somebody has to clean up the mess. Okay, And historically,
36:20
if you're in law school, it was a pig farm. Pig farm beside
36:23
you causes a smell, that's a nuisance. How do you clean it up
36:28
right now? So you went from pig farm to opioids and you dusted off
36:34
this old law. And so these cases settled around the country, and on
36:42
July fourth, twenty twenty two, Judge Faber said, no, I don't
36:45
under West Virginia law, I do not find that there is a nuisance here.
36:47
And of course Huntington Cable. We appealed it to the Fourth Circuit Court
36:52
of Appeals, that's our appellate court in the federal system, and they rendered
36:59
this decision yesterday saying, we find a conflict between some West Virginia cases that
37:07
we've read and some West Virginia law and what Judge Faber ruled. So we
37:14
believe that the best court to make that determination is the highest court in West
37:19
Virginia, which is the West Virginia Supreme Court of Appeals. So it will
37:22
go. I'm sure the court willin or a briefing schedule. Both parties will
37:28
brief it. The Supreme Court will make a decision if the decision is no.
37:34
There is no nuisance in West Virginia as per this, as per this,
37:40
these circumstances, the one the certified question I read at the beginning,
37:45
then the case is over. If the answer is yes, then it will
37:50
go back to the four circuit briefly be remanded back down to Judge Faber,
37:55
at which time he will have a on the issue of abatement, which is
38:04
which we put on when we first tried the case. We put on billions
38:08
of dollars to take to abate the issue. We don't call it damages.
38:14
I mean you're thinking damages. It's probably not. It's not unfair to call
38:17
it damages. But legally it's called abatement. So and he will he will
38:22
have a trial on that issue. So, Huntington and Cable is our appeal
38:30
is alive and well, our cause is alive and well. Talking with Attorney
38:35
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Because what you don't know can't hurt you and rusty. I think it
38:59
would be safe to say say that there were a lot of eyes around the
39:01
legal community on this particular case when this story broke yesterday afternoon. Again,
39:07
Jeff's got the complete story at wv metronews dot com, including the legal brief.
39:10
It's part of the story. The story broke yesterday. It was on
39:14
all the business channels yesterday. It mus, NBCCNBC, they all picked it
39:16
up yesterday. So there's a lot of eyes on West Virginia because of this
39:21
ruling yesterday. Yes, yes, West Virginia. Let me say this,
39:25
it started in West Virginia and expanded throughout the country. I don't know,
39:31
I mean, I can't speculate as to whether these cases would have been filed,
39:38
but a lot of credit, a lot of credit goes to Paul Ferrell
39:45
of Huntington. He started it, it expanded around the state, it expanded
39:52
around the country, and as a result, you know, the distributors distributed
40:00
and we, of course we we opted out of the twenty six billion dollar
40:06
settlement. The state of West Virginia did, but other states received twenty six
40:10
billion dollars alone from the distributors. We settled with them because we opted out
40:17
for four hundred and one million dollars through our attorneys bo fitz Simmons and Wheeling
40:28
being one of them. And there was some criticism of that at the time.
40:32
Well, you know, I've seen the political side of it. I've
40:37
seen the political side of it, but I'm telling you do the math.
40:43
Here's what the math gave us. We are point zero five percent. We
40:49
are one half of a percent of the nation's population state of West Virginia.
40:55
And all of their models, their distribution model for money for settlements was based
41:02
on primarily on population. So we when we opted out of every single one
41:08
of these national settlements. And this is the Attorney General Patrick Morrisey did this.
41:15
He put his foot down and said, no, we're not taking your
41:20
chump change. Okay, we were impacted here far worse than anyone else in
41:24
the country. We're not taking thirty million dollars. I don't know what the
41:30
numbers were, and he ends up, we're not going to we're not going
41:34
away quietly. And we received multiple, multiple, multiple more money than had
41:42
we joined the National Settlements. Now let me make that clear. So any
41:46
politician who says contrary to that or some political whatever is wrong, they are
41:54
flat wrong. The Attorney General did very well by his state, and speaking
42:02
of which have a text here, and I don't know whether you can answer
42:06
this or not, or you choose not to whatever it says. Doesn't Patrick
42:07
Morrisey have connections to Cardinal Health. I bet he and his wife are hoping
42:12
their financial supporter gets off easy on this appeal. You referenced politics earlier.
42:17
That is so, that is so far afield, it's not even it's not
42:21
even funny. The Attorney General has been working so diligently, so hard that
42:29
you know this is another one of I don't know, I don't know who
42:31
it is. But the point is is this is none of this is true.
42:35
None of this is true. He has worked very hard to get us
42:39
the maximum amount of money that we could possibly receive. That multiples. I'm
42:47
telling you ten times in some cases that we've settled for against pharmacies distributors and
42:54
manufacturers. Of course, Huntington didn't get the part of the four hundred million
42:59
because it you know, we tried our case separately, and Huntington will not
43:02
have to share this money and cabal if they recover, you know, on
43:07
a remand on a potential remand all right, so again you touched on us
43:13
a little bit earlier before we let you go. Then I want to talk
43:15
to you about something totally different before we go to break and we get you
43:17
out of here, Monty Python for something total. Now something is totally different.
43:22
So what happens next? I mean you touched on it earlier in case
43:23
people, just what happens next? Well, it'll be the Circuit Clerk of
43:30
the Fourth Circuit will transfer this case to the Circuit Clerk of the West Virginia
43:36
Supreme Court, and they, the Supreme Court will enter a scheduling order briefing
43:39
order, and then I suppose an argument will docket will be had on this
43:46
question. Have a timeframe for that problem if you have, you know,
43:49
I don't know, I don't know, I don't know. I can't I
43:52
don't know, I don't know. I you know. The wheels of justice,
43:57
uh roll slow, but instead but steady, so I couldn't tell you.
44:01
Okay, all right, you walked in here this one and said can
44:05
we talk about And I said, let's go on the air first. What'd
44:07
you want to talk about, Rusty? I think, I think, just
44:12
like soccer, men's soccer, when West Virginia and Marshall were ranked, that
44:16
are two women's teams, WVU at twentieth in the country, Marshall going to
44:23
March Madness for the first time in the history of the state. I'm pretty
44:27
sure ninety seventh. They were there in ninety seven. But was WVU there?
44:30
Oh you mean you mean both both together? Yeah, that's my fault.
44:32
Yeah, okay, okay, it's very special. I think it's very
44:37
very special. And as a matter of fact, the I don't know about
44:43
the West Virginia game, but I know that Tech has sold out and what's
44:47
what? And I want to criticize the NCAA because when you go to the
44:52
men's tournament, you go to a host site and it's half and half.
44:57
But because women, I guess they don't expect large crowds. The host team
45:01
gets to treat it just like a visiting team is coming. So Marshall got
45:07
two sections as if it were a regular season game, when I think Marshall
45:12
should have received half of the half of the half of the arena. There's
45:15
gonna be a whole lot of Herd fans going down to Blacksburg Friday afternoon.
45:19
Yeah, and but but the point is that women's basketball is on the rise.
45:23
I think I think more people are going to fill out women's brackets than
45:28
ever before, and they're interested in it. There's some great storylines, they're
45:34
fun to watch, they're fundamental. They they play below the rim, which
45:38
is fun, fundamental shots. But uh, you know, they need to
45:45
change that rule if you're gonna host it's half and half because we could have
45:51
filled half of that arena down there, And if West Virginia wins their game,
45:53
they get Caitlin Clark, so they got that to look forward to.
45:59
Yeah, but they're only going to be limited to two small sections, you
46:02
know, as opposed to well, we'll see it maybe half and half by
46:06
the time they get there because the home team may have lost. I don't
46:09
know. All right, Can I ask you a question here that somebody texted
46:15
into you? Yes, okay? For Rusty, what is his opinion on
46:20
Justice Brown? Jackson say, my biggest concern is that your view has the
46:22
First Amendment ham stringing the government. I'm reading it just as is for Rusty.
46:30
What is his opinion on justice Brown Jackson saying, my biggest concern is
46:35
that your view has the First Amendment ham stringing the government. I don't know
46:43
what that means. Okay, all right, we'll have you back on to
46:45
answer, Rusty. Web appreciate you being here to Day Island showing five any
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the best kept secret in Charleston, Texas. Rusty Web has always been a
49:54
great supporter of women's sports. Thanks to him, we get to see the
49:58
best women tennis players in w Virginia play in Charleston, says Texture Texas.
50:02
Says Dave Read. Today, we are second in the nation in green jobs
50:07
coming to our state due to the Biden Infrastructure Plan and the Rescue Act bills
50:09
that were passed. But we still have Republicans that are against these jobs coming
50:14
here. It's just unbelievable. As a text text says, how many people
50:17
in the pharmaceutical industry went to prison and by population, we didn't come out
50:22
ahead and the settlement lost twenty five hundred people per year. Tex says Patrick
50:29
Morris. He trying to get money for a problem his wife helped create.
50:32
Texas Cardinal Health was West Virginia's largest opioid supplier. Patrick Morris's wife lobby for
50:37
them from nineteen ninety nine to twenty sixty, the years of the largest opioid
50:42
dumping in West Virginia. But don't believe your eyes. According to Rusty Web,
50:45
says a Texter. Going back to the Justice Brown Jackson, the textra
50:51
clarified us, and yesterday Brown Jackson seemed skeptical that the government could not censor
50:54
social media post in the most important time periods. If you're thank you for
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app. Speaking of mister Kerchivall, he's coming up a ten oh six with
51:28
Talkline centered Shelley more Capito's on the show today. Brad mclahanney will be stopping
51:31
by to talking about Governor Justice's veto of the bill that would allocate two million
51:36
dollars to the WVU Rockefeller Neuroscience Institute. She's going to spend some time also
51:40
talking about the University of Charleston's postseason appearance. Ohen, I'm going to be
51:45
on there too. Hoppy actually asked me to be on the show this morning.
51:47
I'm gonna be up around ten forty five or so this morning on talk
51:52
Line with Hoppy Kirchwell coming up on this show tomorrow. Millie Snyder from the
51:54
Shape Shop will be here. Fred Albert from the American Federation of Teachers and
51:59
also so Bj Davidson on wvu's Stay of Giving, which is coming up tomorrow.
52:04
Quickly, last night's Charleston City Council approved their budget for a physical year
52:07
twenty twenty four. See the story posted and more at wv Metronews dot com.
52:13
It's a one hundred eleven million dollar budget. Read all about it on
52:16
the website wcchsnetwork dot com. All right, I gotta go. Thank you
52:20
to Rusty Webb for coming in kind of last minute. I appreciate Rusty coming
52:22
in this morning. Also, Jason Pizitella, remember that contractor's XBO going on
52:28
for the Kittle Seema Convention Center Wednesday and Thursday. And sorry we didn't get
52:31
to Traste Jackson, candidate for magistrate. She had to postpone because of an
52:36
illness in her family. Completely understand. We'll try to get Tracy on the
52:39
show coming up next week. I said, Trasty Jack Tracy Cabell, I
52:43
mean, on the show coming up next week. All right, gotta go,
52:45
Thank you so much. I'll see you on talk Line coming up at
52:49
ten forty five this morning. My producer was Ryan Nicholson. Thank you so
52:51
much. See you tomorrow. Till then, have fun and love somebody.
53:00
H w C H S A. M. Ninty six point five back then
53:07
Charleston one oh four point five Cross Lanes, a w v RC Media station.
53:12
We are proud to live here too, HM,