Justia Commercial Law Opinion SummariesArticles Posted in Supreme Court of Appeals of West Virginia
Thornhill Motor Car, Inc. v. Honorable Miki Thompson
The Supreme Court granted a writ of prohibition sought by Thornhill Motor Care, Inc. to prevent the Circuit Court of Mingo County from enforcing its order denying Petitioner's motion to dismiss based on improper venue, holding that Thornhill established that it was entitled to the writ.Moore Chrysler, Inc. brought this action against Thornhill in Mingo County, alleging violations of W. Va. Code 17A-6A-1 to -18 and seeking declaratory and injunctive relief. Thornhill moved to dismiss the complaint pursuant to W. Va. R. Civ. P. 12(b)(3) on the basis of improper venue, asserting that the proper venue for this lawsuit was in Logan County pursuant to the general venue statute, W. Va. Code 56-1-1. The circuit court denied the motion, basing its ruling on a specific venue statute, W. Va. Code 17A-6A-12(3), which governs declaratory judgment actions brought by new motor vehicle dealers against manufacturers or distributors. Thornhill then sought the writ of prohibition at issue. The Supreme Court granted the writ, holding that the circuit court committed clear legal error in applying section 17A-6A-12(3) rather than section 56-1-1. View "Thornhill Motor Car, Inc. v. Honorable Miki Thompson" on Justia Law
Alan Enterprizes LLC v. Mac’s Convenience Stores LLC
In this dispute between retailers and direct competitors in the gas station and convenience store market, the circuit court correctly determined that W. Va. Code 47-11A-6(a) does not include taxes in the calculation of a retailer’s cost under the West Virginia Unfair Practices Act.Plaintiff filed suit against Defendants alleging that Defendants had violated the Act by selling gasoline below cost. Both parties moved for summary judgment seeking a determination as to whether section 47-11A-6(a) includes taxes within the calculation of a retailer’s cost. The circuit court concluded that the calculation of a retailer’s cost does not include tax and awarded summary judgment to Defendants. The Supreme Court affirmed, holding that the statute does not include taxes in the calculation of a retailer’s cost. View "Alan Enterprizes LLC v. Mac's Convenience Stores LLC" on Justia Law
Int’l Union of Operating Engineers v. L.A. Pipeline Constr. Co.
L.A. Pipeline Construction Company, an Ohio corporation, admitted liability for failing to fully pay some of its employees - a group of engineers who worked on a pipeline job in West Virginia. L.A. Pipeline sought to avoid paying on that liability by claiming that a wage bond securing its employees’ wages had expired. Specifically, L.A. Pipeline asserted that a “Perpetual Irrevocable Letter of Credit/Wage Bond” that it obtained pursuant to the West Virginia Wage Payment Collection Act’s (WPCA) wage bond requirement was no longer in effect. The federal district court certified a question on the letter of credit/wage bond’s duration to the Supreme Court. Noting that the letter of credit/wage bond’s duration was governed by the WPCA and the Uniform Commercial Code (UCC), the Court answered (1) to the extent they conflict, the WPCA prevails over the UCC on the duration of a letter of credit/wage bond obtained pursuant to the WPCA; and (2) therefore, under West Virginia law, the letter of credit/wage bond at issue in this case remains in effect until terminated with the approval of the Commissioner of the Division of Labor. View "Int’l Union of Operating Engineers v. L.A. Pipeline Constr. Co." on Justia Law