Lorrie McMAHON, individually, and as the representative of The Class of All Similarly Situated Individuals, Plaintiffs Below
v.
ADVANCED TITLE SERVICES COMPANY OF WEST VIRGINIA, a West Virginia corporation; Advanced Real Estate Services Corporation of America, a Pennsylvania corporation; Nations of Pennsylvania, Inc., a foreign corporation authorized to do business in the State of West Virginia, successor in interest to Advanced Title Services Company of West Virginia and/or Advanced Real Estate Services Corporation of America, Brian C. Ulanowicz, Penny L. Rose, and James Monroe Whitecotton, Defendants Below.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted September 8, 2004.
Decided December 3, 2004.
Attorney(s) appearing for the Case
Daniel J. Guida, Weirton, Robert P. Fitzsimmons, Wheeling, for Plaintiff.
John Preston Bailey, Bailey, Riley, Buch & Harman, Wheeling, Amicus Curiae for the West Virginia State Bar.
Bren J. Pomponio, Daniel F. Hedges, Mountain State Justice, Inc., Charleston, Amicus Curiae for Mountain State Justice, Inc.
Thomas A. Heywood, Sandra M. Murphy, Eric L. Calvert, Bowles Rice McDavid Graff & Love, Charleston, Amicus Curiae for The West Virginia Association of Community Bankers, Inc. and The West Virginia Bankers Association, Inc.
James W. St. Clair, Huntington, Amicus Curiae for The West Virginia Bar Association.
William David Wilmoth, Steptoe & Johnson, Wheeling, for Advanced Title Services Company of West Virginia, et al.
Paul D. Ellis, Baker & Hostetler, Columbus, OH, Jerry R. Linscott, Baker & Hostetler, Orlando, FL, Pro Hac Vice for Advanced Title Services Company of West Virginia, et al.
James F. Companion, Schrader, Byrd & Companion, Wheeling, for Brian C. Ulanowicz, et al.
William E. Kovacic, General Counsel, Maureen K. Ohlhausen, Deputy Director, Office of Policy Planning, Federal Trade Commission, Washington, DC, Amicus Curiae for The Federal Trade Commission.
Stephen M. Horn, Assistant United States Attorney, U.S. Department of Justice, Washington, DC, Amicus Curiae for The United States of America.
Supreme Court of Appeals of West Virginia.
STARCHER, J.:
In the instant case we partially approve and partially disapprove a circuit court's Answers to certified questions, and we remand the case for further proceedings.
I.
Facts & Background
This case arises from an order of the Circuit Court of Brooke County, West Virginia granting partial summary judgment and certifying certain questions to this Court pursuant to the provisions of W. Va.Code, 58-5-2 (1998)....
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