Legal Opinion · Concurrence

SER Airsquid Ventures, Inc. v. Hon. David W. Hummel, Jr.

West Virginia Supreme Court

Decided September 24, 2015No. 15-0098 & 15-0102Published

1ConcurrenceBenjamin, Justice

The issue in this case is simply -one of interpretation. The contract clause at issue provides:

*149Venue and Jurisdiction: I understand that if legal action is brought, the appropriate state or federal trial court for the state in which the [Tough Mudder] event is held has the sole and exclusive jurisdiction and that only the substantive laws of the State in which the [Tough Mudder] event is held •shall apply.

(Emphasis added). The parties’ dispute concerns the meaning of the words “the appropriate” and whether the Marshall County Circuit Court — the court in which the plaintiff filed her…

2Cases cited9 opinions

  1. Williams v. Precision Coil, Inc.West Virginia Supreme Court · 1995
  2. Fraternal Order of Police, Lodge No. 69 v. City of FairmontWest Virginia Supreme Court · 1996
  3. St. Clair v. CommonwealthKentucky Supreme Court · 2014
  4. Kohler Co. v. WixenCourt of Appeals of Wisconsin · 1996
  5. Yellowbird v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2013

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