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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.

The defendants were represented by Flaherty Attorneys Rick Jones and Shereen Compton McDaniel.

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