Kahle's Kitchens, Inc. v. Shutler Cabinets, Inc. (Signed Opinion)Annotate this Case
At issue was whether the circuit court properly granted Shutler Cabinets, Inc.’s motion to quash a subpoena duces tecum seeking all of Shutler’s business records for a one-year period and whether the court properly awarded Shutler attorney fees and costs. Shutler was a nonparty to the litigation in this case, which was filed in Pennsylvania.
Plaintiff sought discovery information from Shutler, a West Virginia company that was a nonparty to the litigation in Pennsylvania. The Supreme Court (1) affirmed the circuit court’s order quashing the subpoena, holding that the circuit court did not abuse its discretion by concluding that the category of information in the subpoena that sought business records for a one-year period, including that names and addresses of Shutler’s customers, was unduly burdensome; and (2) affirmed the attorney fee award regarding the fees counsel for Shutler incurred in its initial response to the petition for a subpoena duces tecum and reversed the attorney fee award regarding fees counsel for Shutler incurred in connection with Plaintiff’s W.Va. R. Civ. P. 59(e) motion.