Morgantown Small Business Litigation Lawyers
By J. Brandon Shumaker and J. Tyler Slavey · Slavey & Shumaker PLLC · Morgantown, WV · Last updated November 12, 2026
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For a small business, a single dispute can tie up cash, distract owners from running the company and threaten relationships that took years to build. Whether a contract has been broken, a partner is taking the business in a different direction, or your company has just been sued, early advice can protect your options.
Slavey & Shumaker PLLC represents small businesses, owners and the people who do business with them throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. Our office is at 174 Chancery Row in Morgantown, steps from the Monongalia County Courthouse. For other civil matters, see our civil litigation page.
1. Business Disputes We Handle
- Breach of contract and disputes over the meaning of contract terms
- Disputes between business partners, LLC members and shareholders
- Business tort claims, such as fraud and interference with business relationships
- Defense of businesses and owners who have been sued
2. Contract Disputes
Most business disputes start with a contract: a written agreement, a purchase order, an email exchange or a handshake deal. We represent businesses on both sides of contract disputes, whether the claim is that the other side failed to perform, delivered defective goods or work, or breached another term of the deal.
Not every agreement has to be in writing, but some must be signed to be enforced, including an agreement that is not to be performed within a year and a promise to answer for the debt of another (W. Va. Code § 55-1-1). Contracts for the sale of goods are also governed by West Virginia’s version of the Uniform Commercial Code in Chapter 46 of the Code, which has its own rules for warranties, delivery and the time to sue (§ 46-2-725).
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3. Disputes Among Owners
Disagreements among the people who own a business can be the hardest disputes to resolve, because the owners often must keep working together or decide how to part ways. We handle disputes between partners, LLC members and shareholders over management, money, distributions, competition with the business and the value of an owner’s interest.
For limited liability companies, West Virginia law sets standards of conduct for members. In a member-managed LLC, the only fiduciary duties a member owes to the company and the other members are the duty of loyalty and the duty of care described in the statute, and members must act consistently with the obligation of good faith and fair dealing (W. Va. Code § 31B-4-409(a), (d)). The duty of loyalty includes accounting for profits and company opportunities a member takes, not dealing with the company on behalf of an adverse party, and not competing with the company before it dissolves (§ 31B-4-409(b)). A member may bring an action against the company or another member to enforce rights under the operating agreement or the statute (§ 31B-4-410(a)).
The operating agreement, partnership agreement, bylaws or shareholder agreement often controls how a dispute must be handled, so those documents are the first place we look.
4. Business Torts
Some business disputes involve more than a broken contract. We handle claims involving fraud and misrepresentation, interference with contracts and business relationships, and similar wrongful conduct that harms a business. Whether these claims apply depends on the facts, and they can carry different deadlines than contract claims.
5. When Your Business Is Sued
Being served with a lawsuit does not mean your business will lose, but the clock starts right away.
In a West Virginia circuit court case, a defendant generally must serve an answer within 30 days after being served with the summons and complaint (W. Va. R. Civ. P. 12(a)(1)). Magistrate court cases have their own rules and deadlines.
Missing a deadline can lead to a default judgment against the business.
Contracts, emails, texts and other records related to the dispute help us evaluate defenses and any counterclaims.
Some business insurance policies may provide a defense for certain claims, so notify your insurer promptly and keep a copy of the notice.
6. Which Court Will Hear the Case
| Court | Types of business cases |
|---|---|
| Magistrate court | Civil actions where the amount in controversy is not more than $20,000, not counting interest and costs (W. Va. Code § 50-2-1) |
| Circuit court | Larger claims, plus matters magistrate courts cannot hear, including actions in equity (§ 50-2-1) |
| Business Court Division | A specialized circuit court docket for certain complex commercial disputes, authorized by W. Va. Code § 51-2-15 and governed by court rules that determine which cases qualify |
7. Resolving Business Disputes
Litigation is not always the best business decision. Depending on your goals, a dispute may be resolved through a negotiated agreement, mediation or a buyout. When a fair resolution is not possible, we are prepared to take the case to court. We discuss the costs and likely timeline with you so you can make a decision that makes sense for the business.
8. Filing Deadlines
| Type of claim | General deadline |
|---|---|
| Contract in writing, signed by the party to be charged | 10 years (§ 55-2-6) |
| Other contracts, express or implied | 5 years (§ 55-2-6) |
| Breach of a contract for the sale of goods | 4 years after the claim accrues; the parties may agree to shorten it to no less than one year (§ 46-2-725(1)) |
Business tort claims and other claims can have shorter deadlines, and when a deadline starts depends on the facts. See our West Virginia filing deadlines guide.
9. Why Choose Slavey & Shumaker PLLC
Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, practice in the circuit and magistrate courts of North Central West Virginia every week. We take the time to understand your business and your goals, look for practical resolutions that protect ongoing relationships where possible, and are prepared to litigate when they are not. The initial consultation is free. Business litigation is generally billed on an hourly fee basis. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.
10. Frequently Asked Questions About Small Business Litigation
Talk With a Morgantown Business Litigation Lawyer
Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Serving clients throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. The initial consultation is free for all case types. Personal injury cases are handled on a contingency fee basis, and other cases are generally billed on an hourly fee basis. Telephone consultations are available.
This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.