WV STATEWest Virginia Supreme Court
2009

Caperton v. AT Massey Coal Co., Inc.

690 S.E.2d 322West Virginia Supreme Court • Decided 2009Remanded

HOLDING

A coal company and a supplier had a dispute over a coal supply agreement. The agreement included a clause requiring all disputes be filed in Virginia courts. Even though the plaintiffs claimed fraud and tortious interference, the West Virginia court ruled the forum-selection clause was binding and dismissed the case. The court sent it back to the lower court to enforce the dismissal. This shows that clear contract language about where disputes must be filed will be enforced, even in serious cases.

KEY FINDINGS

Force Majeure

Include a clear forum-selection clause in your subcontracts specifying which state and court will handle disputes—courts will enforce it even for fraud claims

Dispute Resolution

If your contract says disputes go to a specific location, you may have to dismiss a case filed elsewhere, so choose your contract language carefully

FULL COURT OPINION