14 West Virginia opinions name it 1 courts 1978–2017 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 |
|---|---|---|
Long v. City of Weirtongreen2 sentences2006One year later, in 1975, then-Chief Justice Haden conducted an extensive analysis of the history of common-law governmental immunity and its intricate governmental-proprietary function exceptions, particularly as applied to municipal entities in Long v. City of Weirton, 158 W.Va. 741, 767-86 , 214 S.E.2d 832, 850-60 (1975). 2006One year later, in 1975, then-Chief Justice Haden conducted an extensive analysis of the history of common-law governmental immunity and its intricate governmental-proprietary function exceptions, particularly as applied to municipal entities in Long v. City of Weirton, 158 W.Va. 741, 767-86 , 214 S.E.2d 832, 850-60 (1975). | 1 | 1 |
Burnside v. Burnsidegreen2 sentences2005In Burnside v. Burnside, 194 W.Va. 263, 270 , 460 S.E.2d 264, 271 (1995), this Court expanded upon Whiting by providing an extensive analysis regarding the type of evidence that is sufficient to rebut the presumption. 2005In Burnside v. Burnside, 194 W.Va. 263, 270 , 460 S.E.2d 264, 271 (1995), this Court expanded upon Whiting by providing an extensive analysis regarding the type of evidence that is sufficient to rebut the presumption. | 1 | 1 |
Pauley v. Kellygreen2 sentences1996In Pauley v. Kelly, 162 W.Va. 672, 689 , 255 S.E.2d 859, 869 (1979), we noted that the educational requirement was adopted when the Constitution was approved in 1872 and it "remains essentially for our purposes unchanged to this day." In Pauley v. Kelly , after an extensive analysis of the terms of W. 1996In Pauley v. Kelly, 162 W.Va. 672, 689 , 255 S.E.2d 859, 869 (1979), we noted that the educational requirement was adopted when the Constitution was approved in 1872 and it "remains essentially for our purposes unchanged to this day." In Pauley v. Kelly , after an extensive analysis of the terms of W. | 1 | 1 |
State Ex Rel. Young v. Crookhamgreen2 sentences1992Young v. Crookham, 290 Or. 61 , 618 P.2d 1268, 1271 (1980). 1992Young v. Crookham, 290 Or. 61 , 618 P.2d 1268, 1271 (1980). | 1 | 1 |
Ex Parte Terrygreen2 sentences1978In the course of review, it made this statement: "The court has long recognized the potential for abuse in exercising the summary power to imprison for contempt it is an `arbitrary' power which is `liable to abuse.' Ex parte Terry, 128 U.S. 289, 313 , 9 S.Ct. 77, 83 , 32 L.Ed. 405, 412 (1888). `[I]ts exercise is a delicate one, and care is needed to avoid arbitrary or oppressive conclusions.' Cooke v. United States, 267 U.S. 517, 539 , 45 S.Ct. 390, 396 , 69 L.Ed. 767, 775 (1925)." [ 391 U.S. at 202 , 88 S.Ct. at 1482 , 20 L.Ed.2d at 529 ] The Court in Bloom also spoke of a parallel apprehen 1978In the course of review, it made this statement: "The court has long recognized the potential for abuse in exercising the summary power to imprison for contempt it is an `arbitrary' power which is `liable to abuse.' Ex parte Terry, 128 U.S. 289, 313 , 9 S.Ct. 77, 83 , 32 L.Ed. 405, 412 (1888). `[I]ts exercise is a delicate one, and care is needed to avoid arbitrary or oppressive conclusions.' Cooke v. United States, 267 U.S. 517, 539 , 45 S.Ct. 390, 396 , 69 L.Ed. 767, 775 (1925)." [ 391 U.S. at 202 , 88 S.Ct. at 1482 , 20 L.Ed.2d at 529 ] The Court in Bloom also spoke of a parallel apprehen | 1 | 1 |
Cooke v. United Statesgreen2 sentences1978In the course of review, it made this statement: "The court has long recognized the potential for abuse in exercising the summary power to imprison for contempt it is an `arbitrary' power which is `liable to abuse.' Ex parte Terry, 128 U.S. 289, 313 , 9 S.Ct. 77, 83 , 32 L.Ed. 405, 412 (1888). `[I]ts exercise is a delicate one, and care is needed to avoid arbitrary or oppressive conclusions.' Cooke v. United States, 267 U.S. 517, 539 , 45 S.Ct. 390, 396 , 69 L.Ed. 767, 775 (1925)." [ 391 U.S. at 202 , 88 S.Ct. at 1482 , 20 L.Ed.2d at 529 ] The Court in Bloom also spoke of a parallel apprehen 1978In the course of review, it made this statement: "The court has long recognized the potential for abuse in exercising the summary power to imprison for contempt it is an `arbitrary' power which is `liable to abuse.' Ex parte Terry, 128 U.S. 289, 313 , 9 S.Ct. 77, 83 , 32 L.Ed. 405, 412 (1888). `[I]ts exercise is a delicate one, and care is needed to avoid arbitrary or oppressive conclusions.' Cooke v. United States, 267 U.S. 517, 539 , 45 S.Ct. 390, 396 , 69 L.Ed. 767, 775 (1925)." [ 391 U.S. at 202 , 88 S.Ct. at 1482 , 20 L.Ed.2d at 529 ] The Court in Bloom also spoke of a parallel apprehen | 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 |
|---|---|---|
Paul v. National Life
green
2 sentences2017Id. at 433 , 352 S.E.2d at 556 . 2017Id. at 433 , 352 S.E.2d at 556 . | 1 | 2017–2017 |
Bradley v. Appalachian Power Co.
green
2 sentences2000In Bradley v. Appalachian Power Co., 163 W.Va. 332 , 256 S.E.2d 879 (1979), we undertook an extensive analysis of the differences between contributory negligence and comparative fault. 2000In Bradley v. Appalachian Power Co., 163 W.Va. 332 , 256 S.E.2d 879 (1979), we undertook an extensive analysis of the differences between contributory negligence and comparative fault. | 1 | 2000–2000 |
Riggle v. Allied Chemical Corp.
green
2 sentences1997The request for the continuance occurred after Allied, a co-defendant, settled after the first day of trial by a “Mary Carter” settlement agreement. 3 Because of the “Mary Carter” settlement, Allied, who remained as a defendant, “did not present the extensive defense it had originally planned.” 180 W.Va. at 564 , 378 S.E.2d at 285 . 1997The request for the continuance occurred after Allied, a co-defendant, settled after the first day of trial by a “Mary Carter” settlement agreement. 3 Because of the “Mary Carter” settlement, Allied, who remained as a defendant, “did not present the extensive defense it had originally planned.” 180 W.Va. at 564 , 378 S.E.2d at 285 . | 1 | 1997–1997 |
James Leroy Jackson v. Johns-Manville Sales Corporation and Raybestos-Manhattan, Inc., Defendants
green
1 sentence1992The Fifth Circuit Court of Appeals in Jackson v. Johns-Manville Sales Corp., 781 F.2d at 405 , made an extensive analysis of the cases and summarized some of the reasons advanced in upholding punitive damages: “In Oregon, for example, the Supreme Court recently ruled in a ‘mass tort’ case that the ‘financial interests of the malicious and wanton wrongdoer must be considered in the context of societal concern for the injured and the future protection of society.’ State ex rel. | 1 | 1992–1992 |
Maudru v. Humphreys
green
2 sentences1986The Court in Maudru did not make an extensive analysis of the doctrine of equitable conversion, but did state that “[t]here is no warranty or condition in the contract between Mynes and Maudru that the property should be in the same condition when the transaction is completed as it was when the contract was made.” 83 W.Va. at 311 , 98 S.E. at 261 . 1986The Court in Maudru did not make an extensive analysis of the doctrine of equitable conversion, but did state that “[t]here is no warranty or condition in the contract between Mynes and Maudru that the property should be in the same condition when the transaction is completed as it was when the contract was made.” 83 W.Va. at 311 , 98 S.E. at 261 . | 1 | 1986–1986 |
Freshwater v. Booth
green
2 sentences1985We did an extensive analysis of the standards by which to review damage awards in Freshwater v. Booth, 160 W.Va. 156 , 233 S.E.2d 312 (1977). 1985We did an extensive analysis of the standards by which to review damage awards in Freshwater v. Booth, 160 W.Va. 156 , 233 S.E.2d 312 (1977). | 1 | 1985–1985 |
cluster 385733
green
1 sentence1985An elaborate statement of the facts in that collateral federal action can be found in North v. Budig, 637 F.2d 246 (4th Cir.1981). | 1 | 1985–1985 |
Blake v. Cruz
green
1 sentence1985E.g., Elliott v. Brown, supra; Blake v. Cruz, supra; Dumer v. St. | 1 | 1985–1985 |
Elliott v. Brown
green
1 sentence1985E.g., Elliott v. Brown, supra; Blake v. Cruz, supra; Dumer v. St. | 1 | 1985–1985 |
Maryland Casualty Co. v. Draney
neutral
1 sentence1980Bergman v. Turpin, 206 Va. 539 , 145 S.E.2d 135 (1965); Arrowood v. McMinn, 173 Tenn. 562 , 121 S.W.2d 566 (1938); Maryland Casualty Co. v. Draney, 3 Misc.2d 637 , 155 N.Y.S.2d 845 (Sup. Ct. 1956); and cases cited in 55 A.L.R.3d 1158 , supra. See an extensive analysis compiled in 55 A.L.R.3d 1158 , 1170, §4 (1974 and Supp. 1979). | 1 | 1980–1980 |
King v. Bittinger
green
1 sentence1980We did an extensive analysis of the treatment of inadequate jury verdicts in Freshwater and classified them into four types: where (1) the plaintiff would be entitled to a directed verdict on liability as a matter of law, but the damages were inadequate even when viewed most favorably to defendant; (2) liability is contested, but damages were inadequate if liability were proven; (3) liability is tenuous or contested, but the jury held for the plaintiff and only awarded nominal damages; and (4) liability has been conclusively proven, but damages alone need to be retried because of the inadequac | 1 | 1980–1980 |
Bergman v. Turpin
green
2 sentences1980Bergman v. Turpin, 206 Va. 539 , 145 S.E.2d 135 (1965); Arrowood v. McMinn, 173 Tenn. 562 , 121 S.W.2d 566 (1938); Maryland Casualty Co. v. Draney, 3 Misc.2d 637 , 155 N.Y.S.2d 845 (Sup. Ct. 1956); and cases cited in 55 A.L.R.3d 1158 , supra. See an extensive analysis compiled in 55 A.L.R.3d 1158 , 1170, §4 (1974 and Supp. 1979). 1980Bergman v. Turpin, 206 Va. 539 , 145 S.E.2d 135 (1965); Arrowood v. McMinn, 173 Tenn. 562 , 121 S.W.2d 566 (1938); Maryland Casualty Co. v. Draney, 3 Misc.2d 637 , 155 N.Y.S.2d 845 (Sup. Ct. 1956); and cases cited in 55 A.L.R.3d 1158 , supra. See an extensive analysis compiled in 55 A.L.R.3d 1158 , 1170, §4 (1974 and Supp. 1979). | 1 | 1980–1980 |
Arrowood v. McMinn County
green
2 sentences1980Bergman v. Turpin, 206 Va. 539 , 145 S.E.2d 135 (1965); Arrowood v. McMinn, 173 Tenn. 562 , 121 S.W.2d 566 (1938); Maryland Casualty Co. v. Draney, 3 Misc.2d 637 , 155 N.Y.S.2d 845 (Sup. Ct. 1956); and cases cited in 55 A.L.R.3d 1158 , supra. See an extensive analysis compiled in 55 A.L.R.3d 1158 , 1170, §4 (1974 and Supp. 1979). 1980Bergman v. Turpin, 206 Va. 539 , 145 S.E.2d 135 (1965); Arrowood v. McMinn, 173 Tenn. 562 , 121 S.W.2d 566 (1938); Maryland Casualty Co. v. Draney, 3 Misc.2d 637 , 155 N.Y.S.2d 845 (Sup. Ct. 1956); and cases cited in 55 A.L.R.3d 1158 , supra. See an extensive analysis compiled in 55 A.L.R.3d 1158 , 1170, §4 (1974 and Supp. 1979). | 1 | 1980–1980 |
Bloom v. Illinois
green
2 sentences1978In Bloom v. Illinois, 391 U.S. 194 , 88 S.Ct. 1477 , 20 L.Ed.2d 522 (1968), the United States Supreme Court made an extensive analysis of the common law background of contempt. 1978In Bloom v. Illinois, 391 U.S. 194 , 88 S.Ct. 1477 , 20 L.Ed.2d 522 (1968), the United States Supreme Court made an extensive analysis of the common law background of contempt. | 1 | 1978–1978 |
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.