GEOLOGICAL ASSESSMENT & LEASING v. O'HARA

Nos. 14-1210, 14-1211, 14-1286.

780 S.E.2d 647 (2015)

GEOLOGICAL ASSESSMENT & LEASING, and William Capouillez, Defendants below, Petitioners v. Michael C. O'HARA and Dierdre J. O'Hara, Plaintiffs below, Respondents. and Geological Assessment & Leasing, and William Capouillez, Defendants below, Petitioners v. Charles R. Corbin, Jr. and Margaret L. Corbin, husband and wife; Margaret E. Corbin, widow; and James E. Corbin, by and through his guardian and conservator, Charles R. Corbin, Jr., Plaintiffs below, Respondents. and Geological Assessment & Leasing, and William Capouillez, Defendants below, Petitioners v. Beth Nelson Fish f/k/a Beth A. Martin Nelson, Michael Wayne Martin, and William Martin, Sr., Plaintiffs below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 18, 2015.


Attorney(s) appearing for the Case

Robert C. James, Esq. , Flaherty Sensabaugh Bonasso PLLC, Wheeling, WV, for Petitioners.

Jonathan E. Turak, Esq. , Gold, Khourey & Turak, Eric Gordon, Esq. , Berry, Kessler, Crutchfield, Taylor and Gordon, Moundsville, WV, Daniel J. Guida, Esq. , Guida Law Offices, Weirton, WV, for Respondents.


In these three consolidated appeals, we examine a circuit court's ruling that a plaintiff's claim that a defendant engaged in the unauthorized practice of law can never, as a matter of law, be referred to arbitration. This Court has previously held that any state-based rule that prohibits outright the arbitration of a particular...

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