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12 West Virginia opinions name it 1 courts 1916–2023 2 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 |
|---|---|---|
Orvil Hassebrock v. Robert Bernhoftgreen1 sentence2023See Hassebrock v. Bernhoft, 815 F.3d 334, 343 (7th Cir. 2016) (“Even if the contract claim had been stated in a way that was less obviously duplicative 20 the acceptable standards of care related to the provision of accounting services. | 1 | 1 |
State v. LaRockgreen2 sentences2013Moreover, “[a]lthough we liberally construe briefs in determining issues presented for review, issues which are not raised, and those mentioned only in passing but are not supported with pertinent authority, are not considered on appeal.” State v. LaRock, 196 W.Va. 294, 302 , 470 S.E.2d 613, 621 (1996). 2013Moreover, “[a]lthough we liberally construe briefs in determining issues presented for review, issues which are not raised, and those mentioned only in passing but are not supported with pertinent authority, are not considered on appeal.” State v. LaRock, 196 W.Va. 294, 302 , 470 S.E.2d 613, 621 (1996). | 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 |
|---|---|---|
Wetzel County Savings & Loan Co. v. Stern Bros., Inc.
green
2 sentences2021In that case, we determined that “[a]ctions for a breach of contract are transitory and consequently not local in nature.” 12 We thus held that a cause of action “involving a breach of contract in West Virginia arises within the county: (1) in which the contract was made, that is, where the duty came into existence; or (2) in which the breach or violation of the duty occurs; or (3) in which the manifestation of the breach—substantial damage occurs.” 13 shall be brought in the circuit court of any county wherein the cause of action arose, unless otherwise agreed by the parties.”). 10 156 W. 2020“The venue of a cause of action in a case involving breach of contract in West Virginia arises within the county: (1) in which the contract was made, that is, where the duty came into existence; or (2) in which the breach or violation of the duty occurs; or (3) in which the manifestation of the breach—substantial damage occurs.” Syllabus Point 3, Wetzel County Sav. & Loan Co. v. Stern Bros., 156 W. | 5 | 1980–2021 |
McGuire v. Fitzsimmons
green
1 sentence2021Va. 693 , 195 S.E.2d 732 (1973). 11 197 W. | 1 | 2021–2021 |
Koerner v. DEPT. OF MILITARY AFFAIRS
green
1 sentence2013Respondent counters that, through the course of cross-examination, Dr. Weber ultimately failed to articulate a breach of the standard of care against respondent and that petitioner failed to demonstrate a trialworthy issue preclusive of summary judgment. 617 S.E.2d 778 (2005) (refusing to consider an argument in appellant’s brief that was not assigned as error in petition for appeal); Holmes v. Basham, 130 W.Va. 743 , 45 S.E.2d 252 (1947) (same). | 1 | 2013–2013 |
Holmes v. Basham
green
2 sentences2013Respondent counters that, through the course of cross-examination, Dr. Weber ultimately failed to articulate a breach of the standard of care against respondent and that petitioner failed to demonstrate a trialworthy issue preclusive of summary judgment. 617 S.E.2d 778 (2005) (refusing to consider an argument in appellant’s brief that was not assigned as error in petition for appeal); Holmes v. Basham, 130 W.Va. 743 , 45 S.E.2d 252 (1947) (same). 2013Respondent counters that, through the course of cross-examination, Dr. Weber ultimately failed to articulate a breach of the standard of care against respondent and that petitioner failed to demonstrate a trialworthy issue preclusive of summary judgment. 617 S.E.2d 778 (2005) (refusing to consider an argument in appellant’s brief that was not assigned as error in petition for appeal); Holmes v. Basham, 130 W.Va. 743 , 45 S.E.2d 252 (1947) (same). | 1 | 2013–2013 |
Koerner v. West Virginia Department of Military Affairs & Public Safety
green
1 sentence2013Safety, 217 W.Va. 231 , 7 criticism that Amber’s “airway should have been managed more aggressively” is sufficiently inculpatory of Dr. Caceres to establish a breach of the standard of care. | 1 | 2013–2013 |
Hinchman v. Gillette
green
2 sentences2006At the outset of our review of the circuit court’s dismissal order in Hinchman , this Court recognized that W.Va.Code § 55-7B-6 was a new statutory provision that had not been previously addressed. 217 W.Va. at 384 , 618 S.E.2d at 393 . 2006At the outset of our review of the circuit court’s dismissal order in Hinchman , this Court recognized that W.Va.Code § 55-7B-6 was a new statutory provision that had not been previously addressed. 217 W.Va. at 384 , 618 S.E.2d at 393 . | 1 | 2006–2006 |
Short v. Appalachian OH-9, Inc.
green
2 sentences2001In support of its decision to require *908 an expert on proximate cause, the trial court cited this Court's ruling in Short v. Appalachian OH-9, Inc., 203 W.Va. 246 , 507 S.E.2d 124 (1998), in which we held that "the circuit court has the discretion to determine whether the plaintiff is required to obtain an expert witness concerning both the standard of care applicable to the emergency medical service provider and whether the alleged breach of that standard of care proximately caused the death of the infant...." Id. at 247 , 507 S.E.2d at 125 , syl. pt. 5, in part. 2001In support of its decision to require *908 an expert on proximate cause, the trial court cited this Court's ruling in Short v. Appalachian OH-9, Inc., 203 W.Va. 246 , 507 S.E.2d 124 (1998), in which we held that "the circuit court has the discretion to determine whether the plaintiff is required to obtain an expert witness concerning both the standard of care applicable to the emergency medical service provider and whether the alleged breach of that standard of care proximately caused the death of the infant...." Id. at 247 , 507 S.E.2d at 125 , syl. pt. 5, in part. | 1 | 2001–2001 |
Richmond Fixture & Equipment Co. v. Wallace
green
2 sentences1982The Virginia Supreme Court acknowledged the requirement of full value assessment when it said, "We have consistently honored the breach of this rule by taking notice of the fact that most local taxing authorities apply a fixed multiple or percentage .... to fair market value in order to arrive at assessed value." 212 Va. at 149 , 183 S.E.2d at 177 . . 1982The Virginia Supreme Court acknowledged the requirement of full value assessment when it said, "We have consistently honored the breach of this rule by taking notice of the fact that most local taxing authorities apply a fixed multiple or percentage... to fair market value in order to arrive at assessed value." 212 Va. at 149 , 183 S.E.2d at 177 . [26] Our holding does not alter the assessor's authority to correct incorrect assessments provided such changes are made on competent evidence and the tax commissioner is informed of all proposed changes. | 1 | 1982–1982 |
Fray v. County of Culpeper
green
2 sentences1982The Virginia Supreme Court acknowledged the requirement of full value assessment when it said, "We have consistently honored the breach of this rule by taking notice of the fact that most local taxing authorities apply a fixed multiple or percentage .... to fair market value in order to arrive at assessed value." 212 Va. at 149 , 183 S.E.2d at 177 . . 1982The Virginia Supreme Court acknowledged the requirement of full value assessment when it said, "We have consistently honored the breach of this rule by taking notice of the fact that most local taxing authorities apply a fixed multiple or percentage... to fair market value in order to arrive at assessed value." 212 Va. at 149 , 183 S.E.2d at 177 . [26] Our holding does not alter the assessor's authority to correct incorrect assessments provided such changes are made on competent evidence and the tax commissioner is informed of all proposed changes. | 1 | 1982–1982 |
Guyan Motors, Inc. v. Williams
green
2 sentences1973See, Jones v. Main Island Creek Coal Co., supra (where the contract was made); Danser v. Dorr, 72 W.Va. 430 , 78 S.E. 367 (1913) (where the contract was breached); Guyan Motors, Inc. v. Williams, 133 W.Va. 630 , 57 S.E.2d 529 (1950), Hanks v. Beckley Newspapers Corp., supra (where the damage occurred). 1973See, Jones v. Main Island Creek Coal Co., supra (where the contract was made); Danser v. Dorr, 72 W.Va. 430 , 78 S.E. 367 (1913) (where the contract was breached); Guyan Motors, Inc. v. Williams, 133 W.Va. 630 , 57 S.E.2d 529 (1950), Hanks v. Beckley Newspapers Corp., supra (where the damage occurred). | 1 | 1973–1973 |
Danser v. Dorr
green
2 sentences1973See, Jones v. Main Island Creek Coal Co., supra (where the contract was made); Danser v. Dorr, 72 W.Va. 430 , 78 S.E. 367 (1913) (where the contract was breached); Guyan Motors, Inc. v. Williams, 133 W.Va. 630 , 57 S.E.2d 529 (1950), Hanks v. Beckley Newspapers Corp., supra (where the damage occurred). 1973See, Jones v. Main Island Creek Coal Co., supra (where the contract was made); Danser v. Dorr, 72 W.Va. 430 , 78 S.E. 367 (1913) (where the contract was breached); Guyan Motors, Inc. v. Williams, 133 W.Va. 630 , 57 S.E.2d 529 (1950), Hanks v. Beckley Newspapers Corp., supra (where the damage occurred). | 1 | 1973–1973 |
Rogers v. Parham
green
1 sentence1916Marx. v. Miller, 134 Ala. 347 ; Moss v. Land Co., 93 Ala. 269 ; Ramey v. Holcombe, 21 Ala. 567 ; Liddell v. Chidester, 84 Ala. 508 ; Gardenhire v. Smith, 39 Ark. 280 ; Champion v. Hartshorne, 9 Conn. 564 ; Hitchens v. School Dist., 62 Alt. 897; Rogers v. Barham, 8 Ga. 190 ; Hichman v. Motor Car Co., 151 Mich. 214 ; Isaaca v. McAndrew, 1 Mont. 437 ; Madden v. Porterfield, 53 N. C. 166 ; Stewart v. Walker, 14 Pa. St. 293; King v. Steiren, 44 Pa. St. 171; Rye v. Stubbs, 1 Hill L. | 1 | 1916–1916 |
Ramey v. Holcombe
neutral
1 sentence1916Marx. v. Miller, 134 Ala. 347 ; Moss v. Land Co., 93 Ala. 269 ; Ramey v. Holcombe, 21 Ala. 567 ; Liddell v. Chidester, 84 Ala. 508 ; Gardenhire v. Smith, 39 Ark. 280 ; Champion v. Hartshorne, 9 Conn. 564 ; Hitchens v. School Dist., 62 Alt. 897; Rogers v. Barham, 8 Ga. 190 ; Hichman v. Motor Car Co., 151 Mich. 214 ; Isaaca v. McAndrew, 1 Mont. 437 ; Madden v. Porterfield, 53 N. C. 166 ; Stewart v. Walker, 14 Pa. St. 293; King v. Steiren, 44 Pa. St. 171; Rye v. Stubbs, 1 Hill L. | 1 | 1916–1916 |
Liddell v. Chidester
green
1 sentence1916Marx. v. Miller, 134 Ala. 347 ; Moss v. Land Co., 93 Ala. 269 ; Ramey v. Holcombe, 21 Ala. 567 ; Liddell v. Chidester, 84 Ala. 508 ; Gardenhire v. Smith, 39 Ark. 280 ; Champion v. Hartshorne, 9 Conn. 564 ; Hitchens v. School Dist., 62 Alt. 897; Rogers v. Barham, 8 Ga. 190 ; Hichman v. Motor Car Co., 151 Mich. 214 ; Isaaca v. McAndrew, 1 Mont. 437 ; Madden v. Porterfield, 53 N. C. 166 ; Stewart v. Walker, 14 Pa. St. 293; King v. Steiren, 44 Pa. St. 171; Rye v. Stubbs, 1 Hill L. | 1 | 1916–1916 |
Moss v. Decatur Land Improvement & Furnace Co.
neutral
1 sentence1916Marx. v. Miller, 134 Ala. 347 ; Moss v. Land Co., 93 Ala. 269 ; Ramey v. Holcombe, 21 Ala. 567 ; Liddell v. Chidester, 84 Ala. 508 ; Gardenhire v. Smith, 39 Ark. 280 ; Champion v. Hartshorne, 9 Conn. 564 ; Hitchens v. School Dist., 62 Alt. 897; Rogers v. Barham, 8 Ga. 190 ; Hichman v. Motor Car Co., 151 Mich. 214 ; Isaaca v. McAndrew, 1 Mont. 437 ; Madden v. Porterfield, 53 N. C. 166 ; Stewart v. Walker, 14 Pa. St. 293; King v. Steiren, 44 Pa. St. 171; Rye v. Stubbs, 1 Hill L. | 1 | 1916–1916 |
Marx v. Miller
neutral
1 sentence1916Marx. v. Miller, 134 Ala. 347 ; Moss v. Land Co., 93 Ala. 269 ; Ramey v. Holcombe, 21 Ala. 567 ; Liddell v. Chidester, 84 Ala. 508 ; Gardenhire v. Smith, 39 Ark. 280 ; Champion v. Hartshorne, 9 Conn. 564 ; Hitchens v. School Dist., 62 Alt. 897; Rogers v. Barham, 8 Ga. 190 ; Hichman v. Motor Car Co., 151 Mich. 214 ; Isaaca v. McAndrew, 1 Mont. 437 ; Madden v. Porterfield, 53 N. C. 166 ; Stewart v. Walker, 14 Pa. St. 293; King v. Steiren, 44 Pa. St. 171; Rye v. Stubbs, 1 Hill L. | 1 | 1916–1916 |
Gardenhire v. Smith
green
1 sentence1916Marx. v. Miller, 134 Ala. 347 ; Moss v. Land Co., 93 Ala. 269 ; Ramey v. Holcombe, 21 Ala. 567 ; Liddell v. Chidester, 84 Ala. 508 ; Gardenhire v. Smith, 39 Ark. 280 ; Champion v. Hartshorne, 9 Conn. 564 ; Hitchens v. School Dist., 62 Alt. 897; Rogers v. Barham, 8 Ga. 190 ; Hichman v. Motor Car Co., 151 Mich. 214 ; Isaaca v. McAndrew, 1 Mont. 437 ; Madden v. Porterfield, 53 N. C. 166 ; Stewart v. Walker, 14 Pa. St. 293; King v. Steiren, 44 Pa. St. 171; Rye v. Stubbs, 1 Hill L. | 1 | 1916–1916 |
Stannard v. Whittlesey
green
1 sentence1916Marx. v. Miller, 134 Ala. 347 ; Moss v. Land Co., 93 Ala. 269 ; Ramey v. Holcombe, 21 Ala. 567 ; Liddell v. Chidester, 84 Ala. 508 ; Gardenhire v. Smith, 39 Ark. 280 ; Champion v. Hartshorne, 9 Conn. 564 ; Hitchens v. School Dist., 62 Alt. 897; Rogers v. Barham, 8 Ga. 190 ; Hichman v. Motor Car Co., 151 Mich. 214 ; Isaaca v. McAndrew, 1 Mont. 437 ; Madden v. Porterfield, 53 N. C. 166 ; Stewart v. Walker, 14 Pa. St. 293; King v. Steiren, 44 Pa. St. 171; Rye v. Stubbs, 1 Hill L. | 1 | 1916–1916 |
Isaacs v. McAndrew
neutral
1 sentence1916Marx. v. Miller, 134 Ala. 347 ; Moss v. Land Co., 93 Ala. 269 ; Ramey v. Holcombe, 21 Ala. 567 ; Liddell v. Chidester, 84 Ala. 508 ; Gardenhire v. Smith, 39 Ark. 280 ; Champion v. Hartshorne, 9 Conn. 564 ; Hitchens v. School Dist., 62 Alt. 897; Rogers v. Barham, 8 Ga. 190 ; Hichman v. Motor Car Co., 151 Mich. 214 ; Isaaca v. McAndrew, 1 Mont. 437 ; Madden v. Porterfield, 53 N. C. 166 ; Stewart v. Walker, 14 Pa. St. 293; King v. Steiren, 44 Pa. St. 171; Rye v. Stubbs, 1 Hill L. | 1 | 1916–1916 |
Madden v. . Porterfield
neutral
1 sentence1916Marx. v. Miller, 134 Ala. 347 ; Moss v. Land Co., 93 Ala. 269 ; Ramey v. Holcombe, 21 Ala. 567 ; Liddell v. Chidester, 84 Ala. 508 ; Gardenhire v. Smith, 39 Ark. 280 ; Champion v. Hartshorne, 9 Conn. 564 ; Hitchens v. School Dist., 62 Alt. 897; Rogers v. Barham, 8 Ga. 190 ; Hichman v. Motor Car Co., 151 Mich. 214 ; Isaaca v. McAndrew, 1 Mont. 437 ; Madden v. Porterfield, 53 N. C. 166 ; Stewart v. Walker, 14 Pa. St. 293; King v. Steiren, 44 Pa. St. 171; Rye v. Stubbs, 1 Hill L. | 1 | 1916–1916 |
Hinchman v. Matheson Motor Car Co.
neutral
1 sentence1916Marx. v. Miller, 134 Ala. 347 ; Moss v. Land Co., 93 Ala. 269 ; Ramey v. Holcombe, 21 Ala. 567 ; Liddell v. Chidester, 84 Ala. 508 ; Gardenhire v. Smith, 39 Ark. 280 ; Champion v. Hartshorne, 9 Conn. 564 ; Hitchens v. School Dist., 62 Alt. 897; Rogers v. Barham, 8 Ga. 190 ; Hichman v. Motor Car Co., 151 Mich. 214 ; Isaaca v. McAndrew, 1 Mont. 437 ; Madden v. Porterfield, 53 N. C. 166 ; Stewart v. Walker, 14 Pa. St. 293; King v. Steiren, 44 Pa. St. 171; Rye v. Stubbs, 1 Hill L. | 1 | 1916–1916 |
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.
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.