heart doctrine (West Virginia) · Go Syfert
← West Virginia issues

heart doctrine in West Virginia

18 West Virginia opinions name it 2 courts 1985–2025 4 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.

Followed or applied (4)

CaseFollowedCited
Hock v. City of Morgantowngreen
wva · 1979 · cited in 4 West Virginia opinions naming this issue, 1985–1998
2 sentences

1998We stated in Hock v. City of Morgantown, 162 W.Va. 853, 856 , 253 S.E.2d 386, 388 (1979): Predictability is at the heart of the doctrine of stare decisis, and regardless of what we think of the merits of this case, we must be true to a reasonable interpretation of prior law in the area of property where certainty above all else is the preeminent compelling public policy to be served.

1998We stated in Hock v. City of Morgantown, 162 W.Va. 853, 856 , 253 S.E.2d 386, 388 (1979): Predictability is at the heart of the doctrine of stare decisis, and regardless of what we think of the merits of this case, we must be true to a reasonable interpretation of prior law in the area of property where certainty above all else is the preeminent compelling public policy to be served.

34
Hutchison v. City of Huntingtongreen
wva · 1996 · cited in 8 West Virginia opinions naming this issue, 2008–2025
2 sentences

2025The very heart of the immunity defense is that it spares the defendant from having to go forward with an inquiry into the merits of the case.”). 13 Id. at Syl.

2024With these standards to guide us, we now consider the issues raised in this appeal. 6 “The very heart of the immunity defense is that it spares the defendant from having to go forward with an inquiry into the merits of the case.” Hutchison, 198 W.

18
Swint v. Chambers County Commissiongreen
scotus · 1995 · cited in 1 West Virginia opinions naming this issue, 1996–1996
2 sentences

1996See Swint v. Chambers County Commission, 514 U.S. 35 , 115 S.Ct. 1203 , 131 L.Ed.2d 60 (1995) (The Court distinguished summary judgment rulings on claims by individuals to qualified immunity as immunities from suit).

1996See Swint v. Chambers County Commission, 514 U.S. 35 , 115 S.Ct. 1203 , 131 L.Ed.2d 60 (1995) (The Court distinguished summary judgment rulings on claims by individuals to qualified immunity as immunities from suit).

11
Signaigo v. N & W RY. CO.green
wva · 1983 · cited in 1 West Virginia opinions naming this issue, 1991–1991
2 sentences

1991Co., ___ W.Va. ___, 301 S.E.2d 178, 181-82 (1982).

1991Co., 171 W.Va. 547 , 301 S.E.2d 178, 181-82 (1982).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Sydenstricker v. Unipunch Products, Inc. green
wva · 1982
2 sentences

2023In the typical case, the indemnitee is made liable to the injured party because of some 21 Further, “[i]mplied indemnity is based upon principles of equity and restitution[,] and one must be without fault to obtain implied indemnity.” Syl. pt. 2, Sydenstricker v. Unipunch Prods., Inc., 169 W.

1985In the typical case, the indemnitee is made liable to the injured party because of some positive duty created by statute or the common law, but the actual cause of the injury was the act of the indemnitor.” In Sydenstricker v. Unipunch Products, Inc., 169 W.Va. 440 , 288 S.E.2d 511 (1982), we spoke to an additional element of implied indemnity in Syllabus Point 2: “Implied indemnity is based upon principles of equity and restitution and one must be without fault to obtain implied indemnity.” In neither Hill nor Sydenstricker did we have occasion to deal with the concept of a common or coextens

21985–2023
Hill v. Joseph T. Ryerson & Son, Inc. green
wva · 1980
2 sentences

1987In the typical case, the indemnitee is made liable to the injured party because of some positive duty created by statute or the common law, but the actual cause of the injury was the act of the indemnitor." We also pointed out in Hill, 165 W.

1985In the typical case, the indemnitee is made liable to the injured party because of some positive duty created by statute or the common law, but the actual cause of the injury was the act of the indemnitor.” In Sydenstricker v. Unipunch Products, Inc., 169 W.Va. 440 , 288 S.E.2d 511 (1982), we spoke to an additional element of implied indemnity in Syllabus Point 2: “Implied indemnity is based upon principles of equity and restitution and one must be without fault to obtain implied indemnity.” In neither Hill nor Sydenstricker did we have occasion to deal with the concept of a common or coextens

21985–1987
Booth v. Sims green
wva · 1995
2 sentences

2002Booth v. Sims, 193 W.Va. 323 , 350 n. 14, 456 S.E.2d 167 , 194 n. 14 (1994) (Miller, Ret.

2002Booth v. Sims, 193 W.Va. 323 , 350 n. 14, 456 S.E.2d 167 , 194 n. 14 (1994) (Miller, Ret.

12002–2002
Dailey v. Multicon Development, Inc. green
fladistctapp · 1982
1 sentence

1990Id. at 1107 .

11990–1990
Dailey v. Bechtel Corporation green
wva · 1974
2 sentences

1986Justice Neely spoke to the essence of the doctrine of stare decisis in Hock v. City of Morgantown, 162 W.Va. 853, 856 , 253 S.E.2d 386, 388 (1979): “Predictability is at the heart of the doctrine of stare decisis, and regardless of what we think of the merits of this case, we must be true to a reasonable interpretation of prior law in the area of property where certainty above all else is the preeminent compelling public policy to be served.” See also Syllabus Point 2, Dailey v. Bechtel Corp., 157 W.Va. 1023 , 207 S.E.2d 169 (1974); Adkins v. St.

1986Justice Neely spoke to the essence of the doctrine of stare decisis in Hock v. City of Morgantown, 162 W.Va. 853, 856 , 253 S.E.2d 386, 388 (1979): “Predictability is at the heart of the doctrine of stare decisis, and regardless of what we think of the merits of this case, we must be true to a reasonable interpretation of prior law in the area of property where certainty above all else is the preeminent compelling public policy to be served.” See also Syllabus Point 2, Dailey v. Bechtel Corp., 157 W.Va. 1023 , 207 S.E.2d 169 (1974); Adkins v. St.

11986–1986
Adkins v. St. Francis Hospital of Charleston, W. Va. green
wva · 1965
2 sentences

1986Francis Hospital, 149 W.Va. 705 , 143 S.E.2d 154 (1965).

1986Francis Hospital, 149 W.Va. 705 , 143 S.E.2d 154 (1965).

11986–1986
Hill v. Joseph T. Ryerson & Son, Inc. green
wva · 1980
1 sentence

1985In the typical case, the indemnitee is made liable to the injured party because of some positive duty created by statute or the common law, but the actual cause of the injury was the act of the indemnitor.” In Sydenstricker v. Unipunch Products, Inc., 169 W.Va. 440 , 288 S.E.2d 511 (1982), we spoke to an additional element of implied indemnity in Syllabus Point 2: “Implied indemnity is based upon principles of equity and restitution and one must be without fault to obtain implied indemnity.” In neither Hill nor Sydenstricker did we have occasion to deal with the concept of a common or coextens

11985–1985

Statutes the citing opinions construe

WV § W. Va. Code § 29-12A-5 (5) WV § W. Va. Code § 29-12A-1 (4) WV § W. Va. Code § 29-12A-4 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 80 (1957–2026) TX 61 (1962–2025) IN 47 (1983–2020) IL 30 (1972–2024) OH 24 (1972–2025) MD 21 (1968–2011) FL 21 (1972–2026) OR 20 (1986–2026) MA 20 (1979–2025) NJ 20 (1961–2026) DC 19 (1978–2016) WV 18 (1985–2025) PA 14 (1877–2025) MI 14 (1984–2024) NY 12 (1977–2023) GA 11 (1982–2022) IA 9 (1995–2025) KS 8 (1982–2022) NH 8 (1977–2008) VA 8 (2001–2026) LA 8 (1995–2011) NM 8 (1954–2025) AZ 8 (1986–2021) WA 8 (1982–2024) VT 7 (1987–2025) WI 6 (1996–2024) CO 6 (1915–2025) DE 5 (2016–2024) MS 4 (1965–2010) MT 4 (1980–2015) NE 4 (2013–2020) NV 4 (1995–2021) MO 4 (1967–2005) CT 4 (1994–2011) NC 3 (1955–2016) WY 3 (1976–2023) ME 3 (2002–2010) AL 2 (1981–2017) TN 2 (1984–2015) AK 2 (1991–2023) UT 2 (1994–2016) SD 2 (1985–2024) KY 2 (1993–1997)

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.

← Caselaw search · G Cite Topics · Brief Check