State ex rel. U-Haul Co. of W. Va. v. Zakaib

The parties in this case entered into an agreement with two writings drafted by U-Haul of West Virginia. The first writing was a rental contract signed by the three plaintiffs. The second writing was a rental contract addendum that was not signed. The addendum contained a provision requiring that any disputes between the parties be arbitrated and was not made available to U-Haul customers prior to their execution of the rental contract. Plaintiffs filed a lawsuit against U-Haul for breach of contract and false advertising, among other claims. U-Haul sought to compel Plaintiffs to resolve their claims in arbitration, arguing that the addendum was incorporated by reference into the signed rental contracts, and thus, U-Haul was allowed to enforce the arbitration provision. The circuit court denied U-Haul's motion to compel arbitration. U-Haul then filed a petition with the Supreme Court seeking a writ of prohibition to set aside the circuit court order that refused to compel Plaintiffs to participate in arbitration. The Supreme Court affirmed, holding that the circuit court did not err in finding that the addendum was not incorporated by reference into the signed rental contracts.View "State ex rel. U-Haul Co. of W. Va. v. Zakaib" on Justia Law