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BLACKROCK CAPITAL INVESTMENT CORP. v. FISH

No. 15-1122.

799 S.E.2d 520 (2017)

BLACKROCK CAPITAL INVESTMENT CORPORATION and 52 Street Advisors LLC, Defendants Below, Petitioners v. Jerry FISH; William Fish; and Flora Fish, as Administratrix of the Estates of James Eugene Fish and Jeffrey Scott Fish; Richard T. Swain, Cathy Majoris, and Megan Schlotter Swain, as Co-administrators of the Estate of Steven M. Swain; and David Scott Williams and Ruth Williams, Plaintiffs Below; Al Solutions, Inc.; and Tremont Associates, LLC, Defendants Below; and Travelers Property Casualty Company of America, Intervenor Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: April 24, 2017.

Attorney(s) appearing for the Case

Jeffrey A. Holmstrand, Esq. , Grove, Holmstrand & Delk, PLLC, Wheeling, West Virginia, Counsel for the Petitioners.

Tiffany R. Durst, Esq. , Nathaniel D. Griffith, Esq. , Pullin, Fowler, Flanigan, Brown & Poe, PLLC, Morgantown, West Virginia, Counsel for Respondent, AL Solutions, Inc.

Robert P. Fitzsimmons, Esq. , Clayton J. Fitzsimmons, Esq. , Fitzsimmons Law Firm PLLC, Wheeling, West Virginia, Mark Colantonio, Esq. , M. Eric Frankovitch, Esq. , Carl A. Frankovitch, Esq. , Frankovitch, Anetakis, Colantonio and Simon, Weirton, West Virginia, Counsel for the Plaintiffs Below

In this appeal from the Circuit Court of Hancock County, we examine the equitable doctrine of unconscionability. Before the circuit court, a subsidiary company sought a declaratory judgment against its parent companies. The subsidiary challenged three management agreements by which the parent companies managed, controlled and participated...

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