Justia Contracts Opinion Summaries

Randy Mace, as personal representative of the estate of Kathy Mace, appealed from an order of the circuit court dismissing his wrongful death lawsuit on the basis of forum non conveniens. Applying the forum non conveniens statute, the circuit court concluded that North Carolina, the state in which the action accrued, was a more convenient forum for Mace's claims. Mace argued, however, that he was unable to try his claims in North Carolina because they were barred by that state's statute of limitations. Thus, he argued, the circuit court erred in dismissing the case because it misinterpreted the forum non conveniens statute as permitting dismissal despite the lack of an alternate forum in which the claims may be tried. The Supreme Court reversed and remanded. Finding the language of the statute ambiguous, the Court construed the statute in a manner consistent with the Court's prior case law and the federal common law doctrine of forum non conveniens. Under this construction, the circuit court erred in its interpretation of the statute.

Petitioner power companies sought a writ of prohibition in connection with a ruling of the circuit court denying petitioners' motion to dismiss a breach of contract complaint filed against them by respondents, Shell Equipment and Shell Energy, as being barred by the statute of limitations. Petitioners argued that the trial court erred in ruling that the limitations period applicable to contracts for the sale of goods under the UCC does not apply to the coal sales agreement they entered into with Shell Equipment. The Supreme Court granted the writ of prohibition, finding that petitioners demonstrated clear legal error for which they were entitled to relief. The Court determined that the subject agreement constituted a sale of goods under W.V. Code 46-2-107(1), and, as a result, the four-year statute of limitations established by the UCC for the sales of goods was controlling. Because respondents did not initiate the lawsuit until after the limitations period had expired, the trial court committed error in failing to grant petitioners' motion to dismiss.

Petitioner The Galloway Group (Galloway) is a partnership of lawyers with an office in West Virginia. Galloway entered into an agreement with Respondents Fredeking & Fredeking Law Offices, LC (Fredeking) wherein the parties agreed to share attorney fees generated in litigation. Fredeking filed a complaint against Galloway in Wyoming circuit court, alleging that Galloway failed to pay under the agreement. Galloway responded in the Wyoming courts, arguing that Wyoming was not the proper venue for the dispute. After a hearing, the Wyoming court denied Gallowayâs motions, and concluded that the dispute could move forward in Wyoming. Galloway sought a writ of prohibition from the West Virginia Supreme Court to prevent the Wyoming court from enforcing its order. Upon review, the West Virginia Supreme Court found that Wyoming was indeed improper venue, and it granted Galloway and writ for prohibition. Consequently, the Wyoming action was dismissed.