25 West Virginia opinions name it 1 courts 1890–2019 0 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 |
|---|---|---|
Nelson v. West Virginia Public Employees Insurance Boardgreen2 sentences1986See Nelson v. West Virginia Public Employees Insurance Board, 171 W.Va. 445, 451 , 300 S.E.2d 86, 92 , 34 A.L.R. 4th 438 , 447 (1982) (Neely, J., concurring opinion in which he criticizes the “American rule”). 1986See Nelson v. West Virginia Public Employees Insurance Board, 171 W.Va. 445, 451 , 300 S.E.2d 86, 92 , 34 A.L.R. 4th 438 , 447 (1982) (Neely, J., concurring opinion in which he criticizes the “American rule”). | 2 | 2 |
Yost v. Fuscaldogreen2 sentences1998Based on our determination that “fraud falls within the ‘bad faith’ exception to the American rule[,]” we concluded in Boioling that findings of fraud demonstrated by clear and convincing evidence permit attorney’s fees to be awarded against a defendant. 188 W.Va. at 475 , 425 S.E.2d at 151 ; accord Yost v. Fuscaldo, 185 W.Va. 493, 499-500 , 408 S.E.2d 72, 78-79 (1991) (reversing trial court’s decision not to award attorney’s fees against defendants who had fraudulently induced plaintiff to sign release settling his personal injury claim). 1998Based on our determination that “fraud falls within the ‘bad faith’ exception to the American rule[,]” we concluded in Boioling that findings of fraud demonstrated by clear and convincing evidence permit attorney’s fees to be awarded against a defendant. 188 W.Va. at 475 , 425 S.E.2d at 151 ; accord Yost v. Fuscaldo, 185 W.Va. 493, 499-500 , 408 S.E.2d 72, 78-79 (1991) (reversing trial court’s decision not to award attorney’s fees against defendants who had fraudulently induced plaintiff to sign release settling his personal injury claim). | 2 | 2 |
Alyeska Pipeline Service Co. v. Wilderness Societyred2 sentences1991See Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240 , 95 S.Ct. 1612 , 44 L.Ed.2d 141 (1975). 1991See Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240 , 95 S.Ct. 1612 , 44 L.Ed.2d 141 (1975). | 2 | 2 |
Richardson v. Belchergreen2 sentences2006See Thomas v. Rutledge, 167 W.Va. 487, 493-94 , 280 S.E.2d 123, 127 (1981) (stating that "[i]n the area of . . . economics benefits legislation . . . a classification which is not inherently suspect will satisfy the guarantee of equal protection of the laws if it bears some rational relation to the legitimate state purpose of the act") (quoting Richardson v. Belcher, 404 U.S. 78 , 92 S.Ct. 254 , 30 L.Ed.2d 231 (1971) and footnote omitted). [15] The applicable and controlling rule with respect to attorney's fees, known as the American rule, is that "[a]s a general rule each litigant bears his o 2006See Thomas v. Rutledge, 167 W.Va. 487, 493-94 , 280 S.E.2d 123, 127 (1981) (stating that "[i]n the area of . . . economics benefits legislation . . . a classification which is not inherently suspect will satisfy the guarantee of equal protection of the laws if it bears some rational relation to the legitimate state purpose of the act") (quoting Richardson v. Belcher, 404 U.S. 78 , 92 S.Ct. 254 , 30 L.Ed.2d 231 (1971) and footnote omitted). [15] The applicable and controlling rule with respect to attorney's fees, known as the American rule, is that "[a]s a general rule each litigant bears his o | 1 | 1 |
Thomas v. Rutledgegreen2 sentences2006See Thomas v. Rutledge, 167 W.Va. 487, 493-94 , 280 S.E.2d 123, 127 (1981) (stating that "[i]n the area of . . . economics benefits legislation . . . a classification which is not inherently suspect will satisfy the guarantee of equal protection of the laws if it bears some rational relation to the legitimate state purpose of the act") (quoting Richardson v. Belcher, 404 U.S. 78 , 92 S.Ct. 254 , 30 L.Ed.2d 231 (1971) and footnote omitted). [15] The applicable and controlling rule with respect to attorney's fees, known as the American rule, is that "[a]s a general rule each litigant bears his o 2006See Thomas v. Rutledge, 167 W.Va. 487, 493-94 , 280 S.E.2d 123, 127 (1981) (stating that "[i]n the area of . . . economics benefits legislation . . . a classification which is not inherently suspect will satisfy the guarantee of equal protection of the laws if it bears some rational relation to the legitimate state purpose of the act") (quoting Richardson v. Belcher, 404 U.S. 78 , 92 S.Ct. 254 , 30 L.Ed.2d 231 (1971) and footnote omitted). [15] The applicable and controlling rule with respect to attorney's fees, known as the American rule, is that "[a]s a general rule each litigant bears his o | 1 | 1 |
McCammon v. Oldakergreen1 sentence2002Instead, this Court is of the opinion that if the Defendants wish to recover legal fees and costs on their contention that the Plaintiffs’ case was unfounded, the Defendants should institute an action pursuant to the rules set forth in McCammon v. Oldaker, 205 W.Va. 24, 515 [516] S.E.2d 38 (1999). | 1 | 1 |
Daily Gazette Co., Inc. v. Canadygreen2 sentences1993With certain exceptions, West Virginia has adopted the American rule, which provides that “each litigant bears his or her own attorney fees absent express statutory, regulatory, or contractual authority for reimbursement.” Daily Gazette Co. v. Canady, 175 W.Va. 249, 250 , 332 S.E.2d 262, 263 (1985). 1 However, in Daily Gazette, we permitted the recovery of attorney fees by a prevailing party if certain criteria are met: A court may order payment by an attorney to a prevailing party reasonable attorney fees and costs incurred as the result of his or her vexatious, wanton or oppressive assertion 1993With certain exceptions, West Virginia has adopted the American rule, which provides that “each litigant bears his or her own attorney fees absent express statutory, regulatory, or contractual authority for reimbursement.” Daily Gazette Co. v. Canady, 175 W.Va. 249, 250 , 332 S.E.2d 262, 263 (1985). 1 However, in Daily Gazette, we permitted the recovery of attorney fees by a prevailing party if certain criteria are met: A court may order payment by an attorney to a prevailing party reasonable attorney fees and costs incurred as the result of his or her vexatious, wanton or oppressive assertion | 1 | 1 |
Cook v. The Deltona Corporationgreen2 sentences1992As was aptly stated by the Court of Appeals for the Eleventh Circuit in Cook v. Deltona Corp., 753 F.2d 1552, 1564 (11th Cir.1985): “If the party seeking fees can demonstrate the specific, certain and conclusive existence of malice or fraud, attorneys’ fees are available.” (Citation omitted). 1992As was aptly stated by the Court of Appeals for the Eleventh Circuit in Cook v. Deltona Corp., 753 F.2d 1552, 1564 (11th Cir.1985): “If the party seeking fees can demonstrate the specific, certain and conclusive existence of malice or fraud, attorneys’ fees are available.” (Citation omitted). | 1 | 1 |
Fleischmann Distilling Corp. v. Maier Brewing Co.green2 sentences1986Fleischmann Distilling Corp. v. Maier Brewing Co., 386 U.S. 714, 718 , 87 S.Ct. 1404, 1407 , 18 L.Ed.2d 475, 478 (1967). [6] Assessment of reasonable attorney's fees against a losing litigant who has acted in "bad faith" is consistent with the primary justification for the rule against the shifting of attorney's fees, specifically, that the losing litigant should not be discouraged from fairly prosecuting or defending a claim. 1986Fleischmann Distilling Corp. v. Maier Brewing Co., 386 U.S. 714, 718 , 87 S.Ct. 1404, 1407 , 18 L.Ed.2d 475, 478 (1967). [6] Assessment of reasonable attorney's fees against a losing litigant who has acted in "bad faith" is consistent with the primary justification for the rule against the shifting of attorney's fees, specifically, that the losing litigant should not be discouraged from fairly prosecuting or defending a claim. | 1 | 1 |
Mighty Midgets, Inc. v. Centennial Insurancegreen2 sentences1986See Mighty Midgets, Inc. v. Centennial Insurance Co., 47 N.Y.2d 12, 22 , 416 N.Y.S.2d 559, 564 , 389 N.E.2d 1080, 1085 (1979). 1986See Mighty Midgets, Inc. v. Centennial Insurance Co., 47 N.Y.2d 12, 22 , 416 N.Y.S.2d 559, 564 , 389 N.E.2d 1080, 1085 (1979). | 1 | 1 |
Coleman v. Southwickgreen1 sentence1977Our court cited Coleman v. Southwick, 9 Johns. 45, 52 (N.Y. 1812) where Kent relied upon the English authorities, including Beardmore, for this rule about judges setting aside “excessive” jury verdicts: “The damages, therefore, must be so excessive as to strike mankind, at first blush, as being beyond all measure, unreasonable and outrageous, and such as manifestly show the jury to have been actuated by passion, partiality, prejudice, or corruption. | 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 |
|---|---|---|
Sally-Mike Properties v. Yokum
green
2 sentences2010The purpose of the American rule is to allow "equal access to the courts for the resolution of bona fide disputes." Id. 2010The purpose of the American rule is to allow "equal access to the courts for the resolution of bona fide disputes." Id. | 5 | 2004–2013 |
Hayseeds, Inc. v. State Farm Fire & Cas.
green
2 sentences2004Writing for the Court, Justice Neely noted that, while the American rule is generally that each side in a civil lawsuit pays its own attorney’s fees, in the context of insurance coverage cases many courts and legislatures had chosen to shift the burden of paying a policyholder’s attorney’s fees onto the insurance company as a way of encouraging the prompt payment of valid claims. 177 W.Va. at 328-29 , 352 S.E.2d at 78-79 . 2004Writing for the Court, Justice Neely noted that, while the American rule is generally that each side in a civil lawsuit pays its own attorney’s fees, in the context of insurance coverage cases many courts and legislatures had chosen to shift the burden of paying a policyholder’s attorney’s fees onto the insurance company as a way of encouraging the prompt payment of valid claims. 177 W.Va. at 328-29 , 352 S.E.2d at 78-79 . | 2 | 1997–2004 |
Powderidge Unit Owners Ass'n v. Highland Properties, Ltd.
green
1 sentence2019Powderidge Unit Owners Ass’n v. Highland Properties, Ltd., 196 W. | 1 | 2019–2019 |
Painter v. Peavy
green
2 sentences2010In Syllabus Point 1 of Painter v. Peavy, 192 W.Va. 189 , 451 S.E.2d 755 (1994), this Court held that “[a] circuit court’s entry of summary judgment is reviewed de novo.” We will apply these standards in reviewing the circuit court’s orders appealed by the LeFevers. 2010In Syllabus Point 1 of Painter v. Peavy, 192 W.Va. 189 , 451 S.E.2d 755 (1994), this Court held that “[a] circuit court’s entry of summary judgment is reviewed de novo.” We will apply these standards in reviewing the circuit court’s orders appealed by the LeFevers. | 1 | 2010–2010 |
Bowling v. Ansted Chrysler-Plymouth-Dodge, Inc.
green
2 sentences1998Based on our determination that “fraud falls within the ‘bad faith’ exception to the American rule[,]” we concluded in Boioling that findings of fraud demonstrated by clear and convincing evidence permit attorney’s fees to be awarded against a defendant. 188 W.Va. at 475 , 425 S.E.2d at 151 ; accord Yost v. Fuscaldo, 185 W.Va. 493, 499-500 , 408 S.E.2d 72, 78-79 (1991) (reversing trial court’s decision not to award attorney’s fees against defendants who had fraudulently induced plaintiff to sign release settling his personal injury claim). 1998Based on our determination that “fraud falls within the ‘bad faith’ exception to the American rule[,]” we concluded in Boioling that findings of fraud demonstrated by clear and convincing evidence permit attorney’s fees to be awarded against a defendant. 188 W.Va. at 475 , 425 S.E.2d at 151 ; accord Yost v. Fuscaldo, 185 W.Va. 493, 499-500 , 408 S.E.2d 72, 78-79 (1991) (reversing trial court’s decision not to award attorney’s fees against defendants who had fraudulently induced plaintiff to sign release settling his personal injury claim). | 1 | 1998–1998 |
Aetna Casualty & Surety Co. v. Pitrolo
green
1 sentence1986Perhaps due to the “bad faith” exception to the “American rule” governing awards of attorneys’ fees, the parties devote considerable argument in this case to the issue of whether State Farm’s refusal to pay was in “good faith” or “bad faith.” As Justice Miller noted in Aetna, supra, “whether an insurer’s refusal to defend was in good or bad faith is largely irrelevant once it has been established that the insurer breached its contract with its insured.” 176 W.Va. at 194-95 , 342 S.E.2d at 160 . | 1 | 1986–1986 |
State ex rel. Cleveland v. Stacy
neutral
2 sentences1969Cleveland v. Stacy, 263 Ala. 185 , 82 So. 2d 264 , involved an election for the office of tax collector. 1969Cleveland v. Stacy, 263 Ala. 185 , 82 So. 2d 264 , involved an election for the office of tax collector. | 1 | 1969–1969 |
Ingersoll v. Lamb
green
2 sentences1969Logic requires us to hold that the voters who voted for Flannery knowing that he was dead (and it is conceded that practically all of the voters did know that he was dead) were really voting for the creation of a vacancy in the office of school director, so that this vacancy might later be filled in the manner prescribed by law.” In Ingersoll v. Lamb, 75 Nev. 1 , 333 P. 2d 982 , the court similarly applied the American rule and declared a vacancy existed in the office of sheriff in a situation in which one of the two candidates who received the greater number of votes had died before the elect 1969Logic requires us to hold that the voters who voted for Flannery knowing that he was dead (and it is conceded that practically all of the voters did know that he was dead) were really voting for the creation of a vacancy in the office of school director, so that this vacancy might later be filled in the manner prescribed by law.” In Ingersoll v. Lamb, 75 Nev. 1 , 333 P. 2d 982 , the court similarly applied the American rule and declared a vacancy existed in the office of sheriff in a situation in which one of the two candidates who received the greater number of votes had died before the elect | 1 | 1969–1969 |
State v. Clark
green
1 sentence1909Wharton on Homicide, (3rd Ed.) 469, sections 291, 473, section 295, and many cases cited in notes, including Beard v. U. S. supra, and our own case of State v. Clark, 51 W. | 1 | 1909–1909 |
O'Conner v. Starke
neutral
2 sentences1901In O’Connor v. Starke, 59 Miss. 481 , the court says in discuss ing the procedure of the chancellor under the rule: “To determine these questions he must of course examine the bill, the answer and the exceptions. 1901In O’Connor v. Starke, 59 Miss. 481 , the court says in discuss ing the procedure of the chancellor under the rule: “To determine these questions he must of course examine the bill, the answer and the exceptions. | 1 | 1901–1901 |
Duffy v. . the People
green
1 sentence1900In New York some early decisions maintained this right of the jury to pass on the law, but in Duffy v. People, 26 N. Y. 588 , this doctrine was repudiated by the holding, in 1863, “The jury in criminal cases are bound by the instructions of the court as to the law to the same extent as in civil cases.” In Carpenter v. People, 8 Barb. 608 , it is said: “The idea that in criminal cases the jury are the judges of the law as well as of the facts is erroneous, not being founded upon principle or supported by authority.” Proffatt on Jury Trials, commencing with section 373, discusses the subject at | 1 | 1900–1900 |
McArthur v. Times Printing Co.
green
2 sentences1898In support of this, see Alger, Promoters Corp. §§ 202, 203; McArthur, v. Printing Co.., 48 Minn., 319 , ( 51 N. W. 216 ); Mor. 1898In support of this, see Alger, Promoters Corp. §§ 202, 203; McArthur, v. Printing Co.., 48 Minn., 319 , ( 51 N. W. 216 ); Mor. | 1 | 1898–1898 |
Commonwealth v. Goddard
green
2 sentences1893In Com. v. Goddard, 13 Mass. 455 -458, the retraction of the plea of not guilty was while the proceedings were in fieri. 1893In Com. v. Goddard, 13 Mass. 455 -458, the retraction of the plea of not guilty was while the proceedings were in fieri. | 1 | 1893–1893 |
Rocco v. State
green
2 sentences1893J., delivering the opinion, says: “A defendant in a criminal case, who has once pleaded to the charge against him, has no right to withdraw his plea, but is confined to tbe issues of law or fact thereby raised or left open, unless the court in which the case is pending sees fit to exercise the discretion of allowing him to withdraw it, and plead anew.” Bishop in the first volume of his work on Criminal Procedure, § 124 says: “Probably a not inaccurate expression of the American doctrine would be that the judge may permit a pleading to be -withdrawn, and another put in its place, whenever this 1893J., delivering the opinion, says: “A defendant in a criminal case, who has once pleaded to the charge against him, has no right to withdraw his plea, but is confined to tbe issues of law or fact thereby raised or left open, unless the court in which the case is pending sees fit to exercise the discretion of allowing him to withdraw it, and plead anew.” Bishop in the first volume of his work on Criminal Procedure, § 124 says: “Probably a not inaccurate expression of the American doctrine would be that the judge may permit a pleading to be -withdrawn, and another put in its place, whenever this | 1 | 1893–1893 |
Tex. & Pac. R'y Co. v. Harrington
green
2 sentences1890No extent of difference in their wages, social position, or work affects the relation of servants of the same master so long as they are employed in one general business and the same author, in giving illustrations of fellow-servants under all rules, says: “In courts holding to the more liberal American rule, a negligent locomotive-engineer was held to be a fellow-servant in common employment with a fireman on the same engine, * * * with a car-repairer and cleaners in the railroad yard” etc., Id. § 241; citing Railway Co. v. Harrington, 62 Tex. 597 . 1890No extent of difference in their wages, social position, or work affects the relation of servants of the same master so long as they are employed in one general business and the same author, in giving illustrations of fellow-servants under all rules, says: “In courts holding to the more liberal American rule, a negligent locomotive-engineer was held to be a fellow-servant in common employment with a fireman on the same engine, * * * with a car-repairer and cleaners in the railroad yard” etc., Id. § 241; citing Railway Co. v. Harrington, 62 Tex. 597 . | 1 | 1890–1890 |
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.