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BLUESTEM BRANDS, INC. v. SHADE

No. 16-0793.

805 S.E.2d 805 (2017)

BLUESTEM BRANDS, INC. d/b/a Fingerhut, Third-Party Defendant Below, Petitioner v. Darlene SHADE, Third-Party Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: October 6, 2017.

Attorney(s) appearing for the Case

M. David Griffith, Jr., Esq. , Joseph K. Merical, Esq. , Thomas Combs & Spann, PLLC, Charleston, West Virginia, and, Aaron D. Van Oort, Esq. , Erin L. Hoffman, Esq. , Jeffrey P. Justman, Esq. , Faegre Baker Daniels LLP, Minneapolis, Minnesota, Pro Hac Vice, Attorneys for Petitioner.

Jonathan R. Marshall, Esq. , Bailey & Glasser, LLP, Charleston, West Virginia, and, Andrew C. Skinner, Esq. , Skinner Law Firm, Charles Town, West Virginia, Attorneys for Respondent.

This is an appeal from the July 21, 2016, order of the Circuit Court of Berkeley County denying the motion of petitioner Bluestem Brands, Inc. d/b/a Fingerhut (hereinafter "Bluestem") to compel arbitration and dismiss the third-party complaint. The circuit court found that the arbitration agreement was not binding on respondent...

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