Ameriprise Financial, Inc. v. Charles E. Vallandingham (Judge White, dissenting)

No. 24-ICA-340 – Ameriprise Financial, Inc. v. Charles E. Vallandingham FILED June 12, 2025 WHITE, Judge, dissenting: ASHLEY N. DEEM, CHIEF DEPUTY CLERK INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA It has long been a fundamental principle of the law that “[a] rogue cannot protect himself from liability for his fraud by inserting a printed clause in his contract.” Ernst Iron Works v. Duralith Corp.,

200 N.E. 683, 684

(N.Y. 1936). The majority opinion dispenses with this principle and creates a new one, holding that a boilerplate clause slipped into a contract of adhesion can absolve the…