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STATE EX REL. JOHNSON CONTROLS v. TUCKER

No. 11-1515.

729 S.E.2d 808 (2012)

STATE of West Virginia, ex rel. JOHNSON CONTROLS, INC., York International Corporation, and Morgan Keller, Inc., Petitioners v. The Honorable Susan B. TUCKER, Judge of the Circuit Court of Monongalia County, and Glenmark Holding, LLC, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 13, 2012.

Attorney(s) appearing for the Case

Thomas A. Heywood, Esq. , Charles M. Love, III, Esq. , Bowles Rice McDavid Graff & Love, Charleston, West VA, Charles C. Wise, III, Esq. , Bowles Rice McDavid Graff & Love, Morgantown, West VA, Attorneys for York International and Johnson Controls, Inc.

Denise D. Pentino, Esq. , Jacob A. Manning, Esq. , Dinsmore & Shohl, LLP, Wheeling, West VA, Attorneys for Morgan Keller, Inc.

William E. Galeota, Esq. , Rodney L. Bean, Esq. , Brian D. Gallagher, Esq. , Chelsea V. Brown, Esq. , Steptoe & Johnson PLLC, Morgantown, WV, Attorneys for Glenmark Holding, LLC.

KETCHUM, Chief Justice:

In this construction lawsuit we are asked to examine a circuit court order refusing to compel a plaintiff corporation to arbitrate its claims against three defendant corporations. The circuit court entered two orders in which it found that the arbitration clauses in the defendants' contracts with the plaintiff were unconscionable. Further, the circuit court found that it would be inequitable to fracture...

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