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

No. 15-0819 – State of West Virginia ex rel. American Electric Power Co., Inc. v. The Honorable David W. Nibert et al. FILED LOUGHRY, Justice, dissenting: February 10, 2016 released at 3:00 p.m. RORY L. PERRY, II CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Given the preponderance of factors that weigh heavily in favor of resolving the underlying 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…