State Ex Rel. AT & T Mobility, LLC v. Wilson

Petitioners AT & T Mobility, LLC and AT & T Mobility Corporation (hereinafter collectively referred to as “AT & T Mobility”) seek a writ of prohibition in connection with the December 1, 2009, order of the Circuit Court of Brooke County denying their motion to compel arbitration. AT & T Mobility asserts that the trial court misapplied this Court’s decision in State ex rel. Dunlap v. Berger, 211 W.Va. 549, 567 S.E.2d 265 (2002), as the basis for its refusal to refer the underlying matter to arbitration. Because the trial court erroneously concluded that any arbitration agreement which contains…