Summary
The Supreme Court of Appeals of West Virginia denied City Holding Company’s petition for a writ of prohibition seeking to compel arbitration of a former employee’s dispute over stock options. The court held that a carve-out provision in the severance agreement expressly preserved the parties’ rights under the stock option plan and therefore removed the stock option dispute from the scope of the agreement’s arbitration clause.
Holdings
- The arbitration clause in the Severance Agreement does not apply to the dispute concerning Dawson's stock options.
- The writ of prohibition is denied.
Questions Presented
- Whether the arbitration clause in the Severance Agreement and General Release applies to Dawson's dispute concerning previously awarded stock options.
- Whether City Holding was entitled to a writ of prohibition against the circuit court's order denying dismissal and enjoining arbitration.
Disposition
writ_denied
Cases Cited (17)
- State ex rel. Hoover v. Berger, 199 W. Va. 12, 483 S.E.2d 12 (1996)(followed)
- Pioneer Props., Inc. v. Martin, 557 F. Supp. 1354 (D. Kan. 1983), appeal dismissed, 776 F.2d 888 (10th Cir. 1985)(followed)
- McPheeters v. McGinn, Smith & Co., Inc., 953 F.2d 771 (2d Cir. 1992)(followed)
- Metro Indus. Painting Corp. v. Terminal Constr. Co., 287 F.2d 382, 385 (2d Cir. 1961)(followed)
- Hart v. Orion Ins. Co., 453 F.2d 1358 (10th Cir. 1971)(followed)
- Coudert v. Paine Webber Jackson & Curtis, 543 F. Supp. 122 (D. Conn. 1982)(overruled on other grounds)
- PAS-EBS v. Group Health, Inc., 442 F. Supp. 937 (S.D.N.Y. 1977)(followed)
- State ex rel. Wells v. Matish, 215 W. Va. 686, 600 S.E.2d 583 (2004) (per curiam)(distinguished)
- AT&T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643, 106 S. Ct. 1415, 89 L. Ed. 2d 648 (1986)(followed)
- Choice Hotels Int'l, Inc. v. BSR Tropicana Resort, Inc., 252 F.3d 707 (4th Cir. 2001)(followed)
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Cited In (0)
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Court Document
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