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STATE EX REL. DODRILL HEATING v. AKERS

No. 21-0561.

874 S.E.2d 265 (2022)

STATE of West Virginia EX REL. DODRILL HEATING AND COOLING, LLC, Defendant Below, Petitioner, v. The Honorable Maryclaire AKERS, Judge of the Circuit Court of Kanawha County; and Jerry and Pamela Whittington, Husband and Wife, Individually and on Behalf of All Others Similarly Situated, Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: April 22, 2022.

Attorney(s) appearing for the Case

Camille E. Shora, Esq. , Wilson, Elser, Moskowitz, Edelman & Dicker LLP, McLean, Virginia, Counsel for Petitioner.

Matthew Stonestreet, Esq. , Troy N. Giatras, Esq. , The Giatras Law Firm, PLLC, Charleston, West Virginia, Counsel for Respondents.

Respondents Jerry and Pamela Whittington purchased an HVAC unit from Petitioner Dodrill Heating and Cooling LLC (Dodrill), and later sued Dodrill when they had issues with the unit. Eventually, the circuit court certified a class action based on the Whittingtons' claim that language in the documents...

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