Supreme Court Posts

The Term In Review–Procedure

This term we followed three cases discussing procedure issues.

In State ex rel. Airsquid Ventures v. Hummel, No. 15-0098, the Supreme Court reviewed a forum selection clause in a release signed in connection with a Tough Mudder event.  The clause stated that venue would lie in “the appropriate state or federal court.”  Interpreting this language against the drafter, Tough Mudder, the trial court concluded that Tough Mudder was consenting to venue in any county.  The Supreme Court reversed, finding that the language called for application of the factors codified in our general venue law, i.e., W.Va. Code 56-1-1.  Although Airsquid represents a narrow, fact-specific ruling, many of the defendants are citing it as authority for a more restrictive approach to venue issues.

The briefing in Malone v. Potomac Highlands Airport Authority, No. 14-0849 raised a straightforward issue involving the sufficiency of the plaintiff’s complaint.  Before reaching that issue, however, the Supreme Court took the opportunity--yet again--to chastise the bar for filing motions to “reconsider.”  Using uncharacteristically strong language, the Court reminded lawyers that motions to reconsider do not exist under our Rules of Civil Procedure.  Lawyers filing these motions in the future could face dire consequences:  “The filing of motions which fail to identify the Rule of Civil Procedure or other legal authority providing the right to relief may serve as grounds for summary denial.”  Forewarned is forearmed…

Finally, there was a closely watched case involving the peer review privilege.  State ex rel. Wheeling Hospital v. Wilson, No. 15-0558.  The case raised several issues, including whether documents that were generated and/or used for purposes other than hospital credentialing were, nevertheless, entitled to peer review protection.  The case was argued on October 7, 2015, but was held over to the spring term.  We’ll have to wait for a few months before this important privilege issue is resolved.  Keep watching and we’ll keep you up-to-date on these and other developments.