Harper v. Jackson Hewitt, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that under West Virginia law, “whether a relationship is characterized as agency in an agreement between parties is not necessarily controlling” and “comprehensive factual analysis” is required to determine whether an agency disclaimer is enforceable
• concluding “[i]n analyzing the plain language of W. Va. Code § 46A-5-101(1), in its entirety, we cannot agree with [Defendant] that the statute is only intended to apply to ‘creditors.’”
• explaining where factual conflict exists regarding the existence of an agency relationship, jury resolution is warranted

Source: CourtListener parenthetical corpus (CC0).