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Does W.Va. Code 46a-1-105(a)(3), which excludes “transactions under public utility…tariffs” from the scope of West Virginia’ consumer law, prohibit a claim by a consumer against a public utility alleging consumer law violations in its billing practices?
This case will address the issue of when a defendant’s cross-claim for implied indemnity survives a good faith settlement by the party against whom such a cross-claim is directed. Depending upon how certain factual questions are resolved, it may also analyze the nature of, and timing requirements for, a cross-claim plaintiff’s burden to show that it was “fault free” before it may proceed in implied indemnity.
On Friday the Justices will meet for their March 21 Conference. Our list of "Petitions to watch" for that Conference is here. The March sitting begins on Monday, March 24. [loop type="post" category="this-week-at-the-court"] Apartment: [content field="title"] Rent per day: [content...