DELAWARE CWC LIQUIDATION CORP. v. MARTIN

No. 30985, 31113.

584 S.E.2d 473 (2003)

213 W.Va. 617

DELAWARE CWC LIQUIDATION CORP., Formerly Known as Cleveland Wrecking Company, Inc., a Delaware Corporation, Soverign Construction, Inc., a California Corporation, Investment Recovery Services, Inc., a California Corporation, Cleveland Environmental Services, Inc., a California Corporation, Dames and Moore Group, a Delaware Corporation, Cleveland Wrecking Company, Formerly Known as CWC Acquisition Corp., a California Corporation, Who Sue by Their Duly Authorized Assignees, Carlton E. Thornton and Michael R. Jordan, Plaintiffs v. Robert P. MARTIN, Defendant and Daniel J. Garletts, and Laurian Kay Garletts, His Wife, Individually and as Mother and Next Friends of Rachel Christine Garletts, Zachary Donald Garletts and Matthew David Garletts, and Sarah Marie Garletts, Individually, Plaintiffs v. Robert D. Aitcheson, Esq., Defendant.

Supreme Court of Appeals of West Virginia.

Decided May 22, 2003.


Attorney(s) appearing for the Case

Harvey D. Peyton, Esq., The Peyton Law Firm, Nitro, West Virginia, Attorney for Plaintiffs.

Gregory H. Schillace, Esq., Schillace Law Office, Clarksburg, West Virginia, Attorney for Defendant.

Thomas C. Schultz, Esq., Wheeling, West Virginia, Attorney for Plaintiffs.


McGRAW, Justice:

These consolidated cases are before this Court upon certified questions from the Circuit Courts of Putnam and Berkeley Counties, which address the common issue of whether the assignment of a legal malpractice claim is valid and enforceable under West Virginia law, or contrary to public policy and therefore, void. The certified questions, as well as the circuit courts' respective answers to them, are as follows:

1. Is the assignment of a legal...

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