Cunningham v. LeGrand

Ryan Cunningham, Ronald LeGrand and four other individuals signed an operating agreement of Mountain Country Partners, LLC. Cunningham instituted a civil action seeking injunctive relief for the purpose of gaining operating control of the company. The case was stayed pending arbitration pursuant to the mandatory arbitration clause contained in the operating agreement. Legrand and Mountain Country filed five counterclaims against Cunningham. After a hearing, the arbitrator denied Cunningham’s claim and awarded relief against him based on Defendants’ counterclaims. The arbitrator ordered Cunningham to pay Mountain Country $113,717 in damages, as well as attorney’s fees and costs. Cunningham filed a motion to vacate the arbitration award, arguing that the arbitrator manifestly disregarded the law of West Virginia, improperly considered hearsay evidence, and refused to reopen the proceedings for rebuttal evidence. The circuit court denied Cunningham’s motion and confirmed the arbitration award. The Supreme Court affirmed, holding that Cunningham failed to identify any valid basis for setting aside the arbitration award. View "Cunningham v. LeGrand" on Justia Law