State ex rel. Ocwen Loan Servicing, LLC v. Circuit Court of Kanawha County
| Docket Number | 13-0151 |
| Decision Date | 13 November 2013 |
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22 cases
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United States ex rel. TBI Invs., Inc. v. BrooAlexa, LLC
... ... Subcontractor expressly agrees to be joined in any litigation filed by the Owner of the Project against the Contractor in either the State courts or the U.S. District Courts in the jurisdiction where the Project is located, to the extent Subcontractor's Work is relevant to Owner's and/or ... at 559 ; see also State ex rel. Ocwen Loan Servicing, LLC v. Webster, 232 W.Va. 341, 752 S.E.2d 372, 395 (2013) ("[A] lack of mutuality does not absolutely render a contract unconscionable ... "). "A court in its ... ...
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Berent v. CMH Homes, Inc.
... ... The Court of Appeals rejected that contention, reasoning that “the FAA does not preempt the application of a generally applicable state-law contract defense such as unconscionability.” Berent, 2014 WL 813874, at *5. The Sellers also argued that Taylor should be overturned as the ... Ocwen Loan Serv'g, LLC v. Webster, 232 W.Va. 341, 752 S.E.2d 372, 396 (2013) (“foreclosure exception” in an arbitration agreement is “not only common” but is “quite ... ...
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Quicken Loans, Inc. v. Brown
... ... In State ex rel. Frazier & Oxley, L.C. v. Cummings, we said: The law of the case doctrine “generally prohibits reconsideration of issues which have been ... State ex rel. Ocwen Loan Servicing, LLC v. Webster, 232 W.Va. 341, 362, 752 S.E.2d 372, 393 (2013) ( “[T]he WVCCPA merely grants the court discretion to award attorney's fees, it does not mandate ... ...
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Schumacher Homes of Circleville, Inc. v. Spencer
... ... Under the Federal Arbitration Act, the validity and enforceability of the arbitration clause is normally determined by a circuit court applying state contract law. However, the contracting parties may incorporate a delegation provision into the arbitration clause saying that the validity and ... Ocwen Loan Servicing, LLC v. Webster, 232 W.Va. 341, 752 S.E.2d 372 (2013), we acknowledged that courts have found a variety of acceptable exclusions in arbitration agreements that do ... ...
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1 firm's commentaries
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Dodd-Frank News: April 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update
...not apply retroactively. See Weller v. HSBC Mortg. Servs., Inc., 971 F. Supp. 2d 1072 (D. Colo. 2013); State ex rel. Ocwen Loan Servicing, LLC v. Webster, 752 S.E.2d 372 (W. Va. 2013). The court also found that the provision attached legal consequences to events completed before the effecti......
5 books & journal articles
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State Consumer Protection Laws
...although class arbitration waivers are not per se unconscionable, other facts rendered the arbitration agreement unconscionable). 3673. 752 S.E.2d 372 (2013). 3674. Id . at 393. 3675. 133 S. Ct. 2304 (2013). 3676. Webster , 752 S.E.2d at 391 (quoting American Express , 133 S. Ct. at 2310). ......
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Table of Cases
...State ex rel . Nixon v. Telco Directory Publ’g, 863 S.W.2d 596 (Mo. 1993), 970, 980, 981 State ex rel. Ocwen Loan Servicing v. Webster, 752 S.E.2d 372 (2013), 1179 State ex rel. Redden v. Disc. Fabrics, Inc., 615 P.2d 1034 (Or. 1980), 1080 State ex rel. Richmond Am. Homes of W. Va. v. Sande......
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The Defendants Defend
...L. 111-203 § 4, 124 Stat. 1390 § 4. 71. Id. 72. Pub. L. 111-203 § 1400(c)(2) & (3). 73. State ex rel. Ocwen Loan Servicing, LLC v. Webster, 232 W. Va. 341, 752 S.E.2d 372, 379 n.3 (2013). 74. The reader is again referred to footnote 6 in this Section 64, above. If this process is dificu......
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West Virginia
...although class arbitration waivers are not per se unconscionable, other facts rendered the arbitration agreement unconscionable). 64. 752 S.E.2d 372 (2013). 65. Id . at 393. 66. 570 U.S. 228 (2013). “prevent[] ‘the effective vindication of a federal statutory right.’” 67 Given the U.S. Supr......
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