Opinion

SER Thornhill Group v. Charles E. King, Jr., Judge

  • 233 W. Va. 564
  • 759 S.E.2d 795
  • 2014 W. Va. LEXIS 648
  • 2014 WL 2572874
Court
West Virginia Supreme Court
Filed
Jun 6, 2014
Status
Published
Author
Ketchum
On the bench
Loughry, Ketchum, Therefore
Nature of suit
Writ Application-Other
Cited by
51 cases

"[T]he place where the cause of action arises in a breach of contract claim for purposes of venue selection [is] based on the tripartite aspects of a contractual claim (formation, breach, and damages

How later courts described this case

  • "[T]he place where the cause of action arises in a breach of contract claim for purposes of venue selection [is] based on the tripartite aspects of a contractual claim (formation, breach, and damages
  • “That the issue of venue may be properly addressed through a writ of prohibition is well-settled.”

Written by the judges who cited it.

The opinion

Justice KETCHUM,

concurring:

Our venue statute; W.Va.Code § 56-1-1 mandates that a civil suit shall be brought where the individual defendant resides, where a corporate defendant has a principal place of business or where the cause of action arose. The statute prevents forum shopping.

I would overrule all our cases which indicate in a breach of contract suit that the place of contract formation, breach and damages may be considered in determining venue. These cases misconstrue the statute and may allow the plaintiff a choice of forums not allowed by our venue statute.

I do agree with the result in this case.

Therefore, I concur.

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.

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