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University Prevails in Appeal Before WV Supreme Court & Upholds Class Action Waiver
Plaintiffs filed a Class Action Complaint on behalf of themselves and a number of other former nursing students enrolled at a university in West Virginia. The plaintiffs' claims arose out of alleged damages they incurred due to purported deficiencies in the university's nursing program. Spilman was retained to represent the university on appeal after the Harrison County, West Virginia Circuit Court denied its motion to compel arbitration pursuant to the arbitration provisions contained in the students' enrollment agreements. The lower court's ruling was based on its finding that the language was ambiguous with regard to class action claims and that it could be read to exempt such claims from the requirement to arbitrate, rather than to waive such claims within the arbitration context. The Supreme Court of Appeals of West Virginia reversed and remanded, finding that the lower court had erred, and that the language clearly provided for mandatory arbitration and a waiver of any class action claims therein.

Appellate Litigation Litigation Michael S. Garrison
304.291.7926 Eric W. Iskra
304.340.3875 Kelly J. Kimble