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Category Archive
Business Law
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Can a Non-Signatory to a Written Agreement Compel Arbitration Against an Unwilling Signatory?

West Virginia’s courts have determined that responding to an offer by acting on it – even when accompanied by silence – provides an acceptance of an agreement that goes along with the transaction. Sometimes a party accepting an offer decides to file a lawsuit despite the contract stipulating all disputes must be settled through arbitration. Read More

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Law Requires Dealers to Warn Buyers About Flood-damaged Cars

  Even though the waters have receded, the massive floods that afflicted West Virginia in 2016 present ongoing liability issues for auto dealers in the state. Under the West Virginia salvage title rule, when a vehicle has been submerged in water, this fact must be reflected on its legal title. This also applies to other Read More

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Federal Regulator Who Penalized Auto Dealerships Is Leaving Position

  Along with doing business under a new presidential administration, car dealers might be experiencing a new regulatory environment for business matters such as financing and advertising. A top federal regulator who was responsible for numerous actions against automobile dealerships is stepping down. Jessica Rich, director of the Federal Trade Commission’s Bureau of Consumer Protection, Read More

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Defending Against West Virginia Lemon Law Claims

Buyer’s regret is common after a major purchase like a car. This can trigger unfounded claims under West Virginia’s “lemon law.” When someone asserts that warranties have been violated and that their car is not suitable for driving, it can be difficult to confront these subjective accusations. However, dealerships have legal recourse to defeat unworthy Read More

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Will a Declaratory Judgment Clear Up your Contractual Ambiguity?

Written with every intention to avoid ambiguity, most contracts are carefully drafted using tried and tested wording so that their interpretation is clear and indisputable. However, circumstances change, and no practitioner is ever able to draft clauses covering every eventuality. In some cases, declaratory judgments in West Virginia ― a ruling declared by a judge Read More

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