Opinion

State Ex Rel. Wells v. Matish

  • 215 W. Va. 686
  • 600 S.E.2d 583
Court
West Virginia Supreme Court
Filed
Jul 21, 2004
Status
Published
Author
McGRAW
On the bench
McGraw, Megraw
Cited by
7 cases

finding that an arbitration provision can be invalid in situations of unconscionable contract provisions or contracts of adhesion

How later courts described this case

  • finding that an arbitration provision can be invalid in situations of unconscionable contract provisions or contracts of adhesion
  • observing that “the burden of proving excessive costs is upon the party challenging the arbitration provision.”
  • employment agreement was customized to re-fleet plaintiffs unique circumstances

Written by the judges who cited it.

The opinion

McGRAW, Justice,

dissenting.

(Filed July 21, 2004)

I dissent from the majority because, in my view, it presumes that Petitioner is well-schooled in the area of contract negotiations simply because he “was an experienced anchor and reporter” who “was given the opportunity to examine the agreement at home and modifications were made after his overnight review.” Petitioner’s particularized knowledge and expertise in the field of broadcasting is one thing; however, absent any evidence to the contrary, the majority’s conclusion that Petitioner was equally experienced and sophisticated in the law is too great a leap. For this reason, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.