WVSCA Grants Writ of Prohibition and Enforces Forum-Selection Clause

The Supreme Court of Appeals of West Virginia (WVSCA) recently granted a Writ of Prohibition and directed the Circuit Court of Kanawha County to dismiss a Complaint based upon an enforceable forum-selection clause. In its Memorandum Decision, the WVSCA affirmed its prior holding in Caperton v. A.T. Massey Coal, 690 S.E.2d 322 (W. Va. 2009) and held that the forum-selection clause applied to the claims and parties involved in the lawsuit. Of note, the WVSCA found that the Defendants — non-signatories to the agreement at issue — could enforce the forum-selection clause because they were closely related to the transaction and it was foreseeable that they could benefit from the clause.

Flaherty Attorneys Rick Jones and Shereen Compton McDaniel represented the defendants.

Disclaimer: Case summaries, reports of past results and individual lawyer biographies on this website describe past matters handled for clients of the firm. These descriptions are meant only to provide information to the public about the activities and experience of our lawyers. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our lawyers. You must not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or lawyer.

Jump to Page

By using this site, you acknowledge having read our Disclaimer and agree to our Privacy Policy