WV STATEWest Virginia Supreme Court
2008

Caperton v. AT Massey Coal Co., Inc.

679 S.E.2d 223West Virginia Supreme Court • Decided 2008Remanded

HOLDING

A coal company tried to dismiss a lawsuit filed in West Virginia by pointing to a contract clause requiring disputes to be handled in Virginia instead. The West Virginia Supreme Court agreed the company was right—the forum-selection clause was clear and enforceable, and the case should have been dismissed. This matters to subcontractors because it shows courts will enforce clauses that require disputes to be filed in a specific location or court, even if you'd prefer to sue elsewhere.

KEY FINDINGS

Force Majeure

Include clear forum-selection clauses in your contracts specifying which court handles disputes—courts will enforce them if the language is mandatory and directly related to the dispute

Dispute Resolution

Make sure your contract language is unambiguous about where disputes must be filed; vague or unclear clauses may not be enforceable

FULL COURT OPINION