Legal Opinion
Audrey Kenney v. Independent Order of Foresters
Court of Appeals for the Fourth Circuit
Decided March 10, 2014No. 13-1788PublishedCited by 23 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Judge FLOYD wrote the opinion, in which Judge AGEE and Judge KEENAN joined.
FLOYD, Circuit Judge:
At least three times during the past two decades, federal courts in our Circuit have called upon West Virginia’s highest court to answer certified questions regarding the West Virginia Unfair Trade Practices Act (WVUTPA). Each time, the Supreme Court of Appeals of West Virginia determined that actions pursuant to the WVUT-PA sound in tort and not in contract. Taylor v. Nationwide Mut. Ins. Co., 214 W.Va. 324, 589 S.E.2d 55 (2003); Wilt v. State Auto. Mut.…
2Cases cited20 opinions
- Mayfield v. National Ass'n for Stock Car Auto Racing, Inc.Court of Appeals for the Fourth Circuit · 2012
- Jenkins v. J. C. Penney Casualty Ins.West Virginia Supreme Court · 1981
- A & E Supply Company, Inc. v. Nationwide Mutual Fire Insurance Company, a & E Supply Company, Inc. v. Nationwide Mutual Fire Insurance CompanyCourt of Appeals for the Fourth Circuit · 1986
- State Ex Rel. State Farm Fire & Casualty Co. v. MaddenWest Virginia Supreme Court · 1994
- Bankers Trust Company v. Bethlehem Steel CorporationCourt of Appeals for the Third Circuit · 1985
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Pa. Nat'l Mut. Cas. Ins. Co. v. Beach Mart, Inc.Court of Appeals for the Fourth Circuit · 2019
- Soto v. Bushmaster Firearms International, LLCSupreme Court of Connecticut · 2019
- The Caper Corporation v. Wells Fargo Bank, N.A.Court of Appeals for the Fourth Circuit · 2014
- Westlake Legal Group v. Yelp, Inc.Court of Appeals for the Fourth Circuit · 2015
- Avani Resources PTE, LTD. v. Adam Wilson and Robin FryerDistrict Court, S.D. West Virginia · 2025
18 more not listed; retrieve them via the Exa API.