# State Ex Rel. Wells v. Matish

> West Virginia Supreme Court · July 21, 2004 · 215 W. Va. 686

URL: https://www.frixlaw.com/law-library/cases/9625108

## Case

- **Full name:** STATE of West Virginia Ex Rel. Erik P. Wells, Petitioner, v. the Honorable James A. MATISH, Judge of the Circuit Court of Harrison County, and WBOY-TV, a WV LLC, Respondents
- **Court:** West Virginia Supreme Court
- **Decided:** July 21, 2004
- **Citations:** 215 W. Va. 686; 600 S.E.2d 583
- **Precedential status:** Published
- **Opinion:** Dissent by McGRAW
- **Judges:** McGraw, Megraw
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9625108

## How later opinions describe it (automated extraction)

- 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.”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9625108. Public record. Not legal advice.