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DAN RYAN BUILDERS, INCORPORATED v. NELSON

No. 12-0592.

737 S.E.2d 550 (2012)

DAN RYAN BUILDERS, INCORPORATED, Petitioner v. Norman C. NELSON and Angelia Nelson, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 15, 2012.

Attorney(s) appearing for the Case

Susan R. Snowden, Esq. , Martin & Seibert, L.C., Martinsburg, WV, for Petitioner.

Lawrence M. Schultz, Esq. , Burke, Schultz, Harman & Jenkinson, Martinsburg, WV, for Respondents.

KETCHUM, Chief Justice:

The United States Court of Appeals for the Fourth Circuit has certified a question to this Court that concerns two areas of state law: the law of contract formation, and the doctrine of unconscionability. The question from the Court of Appeals arises from a contract that contained an arbitration provision which required one party to the contract to arbitrate all of their claims, but allowed the other party to file a lawsuit for some...

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