West Virginia Complaint For Declaratory Judgment Of Validity of Separate Noncompetition Agreements

State:
Multi-State
Control #:
US-000288
Format:
Word; 
Rich Text
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Description

Plaintiff brings an action for a declaratory judgment arguing that he/she has fulfilled certain contractual duties and is now free from a non-competition restriction placed upon him/her in the contract.


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FAQ

If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.

Rule 9 - Pleading special matters (a)Capacity. - It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party.

The statute of limitations for a breach of contract claim in West Virginia is: Ten years for a written contract (W. Va. Code???55-2-6).

- A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of ...

- At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the third-party plaintiff for all or part of the plaintiff's claim against the third-party plaintiff.

- A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.

Rule 11 - Signing of pleadings, motions and other papers; representations to court; sanctions (a)Signature. - Every pleading, motion and other paper shall be signed by at least one attorney of record in the attorney's individual name, or if the party is not represented by an attorney shall be signed by the party.

Under West Virginia law, "[a] claim of unjust enrichment generally entails the establishment of three elements: (1) a benefit conferred upon the [defendant], (2) an appreciation or knowledge by the defendant of such benefit, and (3) the acceptance or retention by the defendant of the benefit under such circumstances as ...

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West Virginia Complaint For Declaratory Judgment Of Validity of Separate Noncompetition Agreements