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GRAYIEL v. APPALACHIAN ENERGY PARTNERS

No. 11-0371.

736 S.E.2d 91 (2012)

George A. GRAYIEL, Jr., Plaintiff Below, Petitioner v. APPALACHIAN ENERGY PARTNERS 2001-D, LLP, Appalachian Energy Partners 2001-S, LLP, Appalachian Energy Partners 2001 II, LLP, Appalachian Energy Partners 2003 S-II, LLP, Burning Springs Energy Partners 1999, LLP, Burning Springs Energy Partners 2000, LLP, Burning Springs Energy Partners 2001-S, LLP, Cherokee Energy Company, Haynes # 2 Energy Partners 2001, LLP, Martin Twist Energy Co., LLC, Martin R. Twist, Drew Thomas, Tammy Curry Twist and Todd Pilcher Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 15, 2012.

Attorney(s) appearing for the Case

Jeffrey K. Phillips, Esq. , Robert L. Bailey, Esq. , Steptoe & Johnson, PLLC, Lexington, KY, for the Petitioner.

Mark Goldner, Esq. , Maria W. Hughes, Esq. , Hughes & Goldner, PLLC, and Scott H. Kaminski , Balgo and Kaminski, L.C., Charleston, WV, for the Respondents.

Lisa A. Hopkins, Esq. , General Counsel, Shane P. McCullough, Esq. , Associate Counsel, West Virginia State Auditor Office and Commissioner of Securities, Charleston, WV, for Amicus Curiae.

PER CURIAM:

The instant case is before the Court upon the appeal of George Grayiel, Jr., Petitioner, from a February 1, 2011, order of the Circuit Court of Putnam County, West Virginia, granting the Respondents'1 Motion for Summary Judgment dismissing his lawsuit ruling that arbitration clauses in Petitioner's investment contracts are not unconscionable and are enforceable.2 Petitioner alleges

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