In Re: E.B., a minor

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Petitioner appeals from the circuit court's order holding that West Virginia Code ยง9-5-11 (2009) is preempted by Arkansas Dept. of Health and Human Services v. Ahlborn, 547 U.S. 268 (2006), and that Ahlborn required proportional reduction of the State's recovery according to the ratio of the settlement to the "full value" of the case. The circuit court then reduced petitioner's statutory recovery from $289,075.44 to $79,040.82. Petitioner seeks a reversal of the circuit court's order and a remand with instructions that DHHR's reimbursement is in the amount of $289,075.44, plus interest, and such further relief as this Court may deem appropriate.