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5 West Virginia opinions name it 1 courts 1979–2022 1 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Robert Rector v. Kimberly Kay Rossgreen1 sentence2022Va. at 362, 859 S.E.2d at 304 (Hutchison, J. concurring). 16 With the framework for our analysis established and Respondent’s rule violations clarified, we move to discussion of the first Jordan factor: Respondent’s professional duties. | 1 | 1 |
Morningstar v. Black & Decker Manufacturing Co.green2 sentences2018I think the answer is most assuredly yes. *868 The framework for analysis of tort recovery in this state is perfectly poised to recognize the cause of action forwarded by the plaintiffs. 1 In the seminal opinion of Morningstar v. Black and Decker Co. , 162 W.Va. 857 , 253 S.E.2d 666 (1979), this Court explained that the focus in failure to warn cases "is not so much on a flawed physical condition of the product, as on its unsafeness arising out of failure to adequately label, instruct or warn ." Id. at 888 , 253 S.E.2d at 682 (emphasis supplied). 2018I think the answer is most assuredly yes. *868 The framework for analysis of tort recovery in this state is perfectly poised to recognize the cause of action forwarded by the plaintiffs. 1 In the seminal opinion of Morningstar v. Black and Decker Co. , 162 W.Va. 857 , 253 S.E.2d 666 (1979), this Court explained that the focus in failure to warn cases "is not so much on a flawed physical condition of the product, as on its unsafeness arising out of failure to adequately label, instruct or warn ." Id. at 888 , 253 S.E.2d at 682 (emphasis supplied). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
W. Va. Board of Education and L. Wade Linger, Jr. v. Jorea M. Marple
green
2 sentences2020Va. 654 , 783 S.E.2d 75 , when qualified immunity is raised. 2020First, Mr. Zombro argues that the circuit court erred by failing to use the framework for analysis required by this Court in Marple, 236 W. | 1 | 2020–2020 |
Harless v. First National Bank in Fairmont
green
2 sentences2004In the syllabus of Harless v. First National Bank, 162 W.Va. 116 , 246 S.E.2d 270 (1978), this Court stated as follows: The rule that an employer has an absolute right to discharge an at will employee must be tempered by the principle that where the employer’s motivation for the discharge is to contravene some substantial public policy principle], then the employer may be liable to the employee for damages occasioned by this discharge. 2004In the syllabus of Harless v. First National Bank, 162 W.Va. 116 , 246 S.E.2d 270 (1978), this Court stated as follows: The rule that an employer has an absolute right to discharge an at will employee must be tempered by the principle that where the employer’s motivation for the discharge is to contravene some substantial public policy principle], then the employer may be liable to the employee for damages occasioned by this discharge. | 1 | 2004–2004 |
State v. Putnam
green
1 sentence1979State v. Putnam, W.Va., 205 S.E.2d 815 (1974); State v. Bail, 140 W.Va. 680 , 88 S.E.2d 634 (1955); State v. Toler, 129 W.Va. 575 , 41 S.E.2d 850 (1946). | 1 | 1979–1979 |
State v. Bail
green
2 sentences1979State v. Putnam, W.Va., 205 S.E.2d 815 (1974); State v. Bail, 140 W.Va. 680 , 88 S.E.2d 634 (1955); State v. Toler, 129 W.Va. 575 , 41 S.E.2d 850 (1946). 1979State v. Putnam, W.Va., 205 S.E.2d 815 (1974); State v. Bail, 140 W.Va. 680 , 88 S.E.2d 634 (1955); State v. Toler, 129 W.Va. 575 , 41 S.E.2d 850 (1946). | 1 | 1979–1979 |
State v. Toler
green
2 sentences1979State v. Putnam, W.Va., 205 S.E.2d 815 (1974); State v. Bail, 140 W.Va. 680 , 88 S.E.2d 634 (1955); State v. Toler, 129 W.Va. 575 , 41 S.E.2d 850 (1946). 1979State v. Putnam, W.Va., 205 S.E.2d 815 (1974); State v. Bail, 140 W.Va. 680 , 88 S.E.2d 634 (1955); State v. Toler, 129 W.Va. 575 , 41 S.E.2d 850 (1946). | 1 | 1979–1979 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.