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Chancellor Senior Management, Ltd. v. Louise McGraw, By and Through Her Daughter, Nancy Reuschel as Power of Attorney, et al.
Paid petition · Supreme Court of Appeals of West Virginia, No. 20-0794 · judgment March 22, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and a business petitioner.
Question presented
I. Whether the West Virginia Court’s determination that the parties’ arbitration agreement is invalid and unenforceable because “it fails to ‘comply with its own stated standards,’” on the basis that it does not satisfy the peculiar requirements of AHLA Rule 2.1, conflicts with the command of § 2 of the FAA that agreements to arbitrate shall be “valid, irrevocable and enforceable”? II. Whether, under circumstances in which an arbitration forum suggested or selected in the parties’ arbitration agreement becomes unavailable, § 5 of the FAA mandates that a court “shall designate and appoint an arbitrator” and, thus, preserve the validity and enforceability of the core agreement to arbitrate?
Counsel of record
For petitioner
Avrum Levicoff
The Levicoff Law Firm
For respondent
Kelly R. Bagby
AARP Foundation Litigation
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 03 2022Petition DENIED.
- Aug 15 2022Letter from Chancellor Senior Management, Ltd. received.
- Jul 20 2022DISTRIBUTED for Conference of 9/28/2022.
- Jul 15 2022Waiver of right of respondent Louise McGraw, et al. to respond filed.
- Jun 13 2022Petition for a writ of certiorari filed. (Response due July 15, 2022)