Legal Opinion

AMFM, LLC Commercial Holdings, LLC v. Kimberly Shanklin

West Virginia Supreme Court

Decided May 30, 2018No. 17-0096Separate

1Opinion of the Court

FILED No. 17-0096 – AMFM LLC v. Shanklin May 30, 2018 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK WORKMAN, C. J., dissenting: SUPREME COURT OF APPEALS OF WEST VIRGINIA I dissent to the majority’s nonsensical conclusion that a third party may enforce a contract entered into by a person who indisputably had neither actual nor apparent authority to do so. This position violates every tenet of contract and agency law and further distorts a salutary statutory provision which is patently inapplicable. Petitioner’s argument—contained in a mere singular paragraph in its original brief and…

2Cases cited9 opinions

  1. West Virginia Regional Jail & Correctional Facility Authority v. A.B.West Virginia Supreme Court · 2014
  2. Thompson v. StuckeyWest Virginia Supreme Court · 1983
  3. Pagarigan v. Libby Care Center, Inc.California Court of Appeal · 2002
  4. Brewer v. Appalachian Constructors, Inc.West Virginia Supreme Court · 1953
  5. SER AMFM, LLC v. Hon. Charles E. King, etc.West Virginia Supreme Court · 2013

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