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KING COAL CHEVROLET CO. v. GENERAL MOTORS

No. 13-0675.

758 S.E.2d 265 (2014)

KING COAL CHEVROLET COMPANY, Petitioner v. GENERAL MOTORS LLC, Respondent.

Supreme Court of Appeals of West Virginia.

Decided April 24, 2014.

Attorney(s) appearing for the Case

Christopher J. Sears, Esq. , William R. Slicer, Esq. , Shuman McCuskey & Slicer, Charleston, WV, Warren R. McGraw, II, Esq. , McGraw Law Offices, Prosperity, WV, for Petitioner.

Jeffrey A. Kimble, Esq. , E. Ryan Kennedy, Esq. , Robinson & McElwee PLLC, Clarksburg, WV, Jeffrey J. Jones , Pro Hac Vice, Jones Day, Columbus, OH, for Respondent.

Thomas R. Goodwin, Esq. , Johnny M. Knisely, II, Esq. , Goodwin & Goodwin, LLP, Charleston, West Virginia, for Amicus Curiae The Alliance of Automobile Manufacturers.

Justice KETCHUM:

The United States District Court for the Southern District of West Virginia has submitted a certified question to this Court arising from a dispute between an automobile manufacturer, General Motors LLC ("General Motors"), and an automobile dealer, King Coal Chevrolet Company ("King Coal"). The issue before us is whether General Motors was required by W.Va.Code § 17A-6A-12(2) [2007] to provide King Coal with notice prior to entering into a new...

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