You shouldn't waste our time if you can't even do enough reading to know what you are talking about. The Circuit Ccourt of Monongalia County, West Virginia, where the suit was filed, is a "state" court. That is as opposed to the U.S. District Court for the relevant area, which would be a "federal" court. Your 8th grade social studies teacher hasn't explained the difference to you yet? Don't worry, probably coming in the spring.
Your second point (which, by the way, is in direct contradiction to your first because if you weren't in state court your point would be irrelevant) you have lifted from the WVU brief. I hate to break it to you, but there are often second sides to arguments made in a brief. If you'd like to wager whether this will ultimately by tried in state or federal court, and you have your mommy's permission ....