"[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.