No. 14-1288.

785 S.E.2d 844 (2016)

Richard PARSONS, Petitioner v. HALLIBURTON ENERGY SERVICES, INC., Respondent.

Supreme Court of Appeals of West Virginia.

Decided April 11, 2016.

Concurring and Dissenting Opinion of Justice Loughry May 12, 2016.

Attorney(s) appearing for the Case

Jonathan R. Marshall, Esq. , Ryan McCune Donovan, Esq. , Bailey & Glasser, LLP, Charleston, WV, Rodney A. Smith, Esq. , Todd S. Bailess, Esq. , Joy B. Mega, Esq. , Bailess Law, PLLC, Charleston, WV, for Petitioner.

Marla N. Presley, Esq. , Bethany S. Wagner, Esq. , Jackson Lewis P.C., Pittsburgh, Pennsylvania, for Respondent.

In this appeal from the Circuit Court of Kanawha County, we address the state common law doctrine of waiver as it relates to arbitration. The plaintiff asserts that the defendant implicitly waived a contractual right to arbitration by participating in litigation.

The circuit court entered an order finding the defendant...

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