SER American Electric Power v. Hon. David W. Nibert, Judge

(Filed April 15, 2016)

Given the preponderance of factors that weigh heavily in favor of resolving the under1 lying action in our sister state of Ohio, the majority’s decision rests on decidedly infirm grounds and, as a consequence, I am compelled to dissent. In affirming the' circuit court’s refusal to dismiss the underlying action on grounds of forum non conveniens, .the majority adopted the circuit court’s improper focus on the existence of minimal contacts with this state while intentionally overlooking the clear indicia which demonstrate that Ohio, and not West Virginia, is the preferred…