opportunity to prepare defense (West Virginia) · Go Syfert
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opportunity to prepare defense in West Virginia

12 West Virginia opinions name it 1 courts 1980–2024 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.

Followed or applied (5)

CaseFollowedCited
State Ex Rel. Hawks v. Lazarogreen
wva · 1974 · cited in 6 West Virginia opinions naming this issue, 1980–2000
2 sentences

2000In State ex rel Hawks v. Lazaro, 157 W.Va. 417, 440 , 202 S.E.2d 109, 124 (1974), we noted that “[njotice contemplates meaningful notice which affords an opportunity to prepare a defense and to be heard upon the merits.” Clearly, the legislature wanted probationary employees whose contracts were not being renewed to be timely notified so that the employees have an opportunity to respond in order to ensure that the nonrenewal was not occurring for unfair reasons.

2000In State ex rel Hawks v. Lazaro, 157 W.Va. 417, 440 , 202 S.E.2d 109, 124 (1974), we noted that “[njotice contemplates meaningful notice which affords an opportunity to prepare a defense and to be heard upon the merits.” Clearly, the legislature wanted probationary employees whose contracts were not being renewed to be timely notified so that the employees have an opportunity to respond in order to ensure that the nonrenewal was not occurring for unfair reasons.

66
Hager v. Exxon Corp.green
wva · 1978 · cited in 4 West Virginia opinions naming this issue, 1987–2013
2 sentences

1998The rationale for these requirements is to permit the party charged with fraud the opportunity to prepare a defense. 161 W.Va. at 283 , 241 S.E.2d at 923 .

1998The rationale for these requirements is to permit the party charged with fraud the opportunity to prepare a defense. 161 W.Va. at 283 , 241 S.E.2d at 923 .

24
In re Allbev, Inc.green
ncwd · 1993 · cited in 1 West Virginia opinions naming this issue, 2024–2024
1 sentence

2024Notice is inadequate if it simply informs a party that there is going to be a hearing or even that someone else’s rights are going to be adjudicated; rather, “the notice must be sufficient to alert the affected party of the potential impact of the proceeding on the party’s rights.” In re Allbev, Inc., 160 B.R. 61, 63 (Bankr.

11
Wolff v. McDonnellgreen
scotus · 1974 · cited in 1 West Virginia opinions naming this issue, 2024–2024
1 sentence

2024Va. 334 , 475 S.E.2d 426 (1996); see also Wolff v. McDonnell, 418 U.S. 539, 581 (1974) (Marshall, J., concurring in part) (“[T]he purpose of notice is to give the accused the opportunity to prepare a defense, and the purpose of a hearing is to afford him the chance to present that defense.”).

11
Miller v. Board of Educ. of County of Boonegreen
wva · 1993 · cited in 1 West Virginia opinions naming this issue, 2000–2000
2 sentences

2000Miller v. Board of Educ. of Boone County, 190 W.Va. 153, 158 , 437 S.E.2d 591, 596 (1993).

2000Miller v. Board of Educ. of Boone County, 190 W.Va. 153, 158 , 437 S.E.2d 591, 596 (1993).

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 (6)

CaseCitedYears
State Ex Rel. White v. Todt green
wva · 1996
1 sentence

2024Va. 334 , 475 S.E.2d 426 (1996); see also Wolff v. McDonnell, 418 U.S. 539, 581 (1974) (Marshall, J., concurring in part) (“[T]he purpose of notice is to give the accused the opportunity to prepare a defense, and the purpose of a hearing is to afford him the chance to present that defense.”).

12024–2024
In Re Ruffalo green
scotus · 1968
2 sentences

2002In support of his argument, Mr. Barber relies upon In re Ruffalo, 390 U.S. 544 , 88 S.Ct. 1222 , 20 L.Ed.2d 117 (1968), a case in which the Supreme Court found that an attorney who was disbarred based on a new charge added during a disciplinary hearing had been deprived of due process.

2002In support of his argument, Mr. Barber relies upon In re Ruffalo, 390 U.S. 544 , 88 S.Ct. 1222 , 20 L.Ed.2d 117 (1968), a case in which the Supreme Court found that an attorney who was disbarred based on a new charge added during a disciplinary hearing had been deprived of due process.

12002–2002
Chamberlaine & Flowers, Inc. v. McBee green
wva · 1987
2 sentences

1998Resolving a dispute regarding the sufficiency of the averment of fraud in Chamberlaine & Flowers, Inc. v. McBee, 177 W.Va. 755 , 356 S.E.2d 626 (1987), we grounded our analysis upon the stated purpose of Rule 9(b), as expressed in Hager : "to permit the party charged with fraud the opportunity to prepare a defense." Chamberlaine, 177 W.Va. at 758 , 356 S.E.2d at 629 .

1998Resolving a dispute regarding the sufficiency of the averment of fraud in Chamberlaine & Flowers, Inc. v. McBee, 177 W.Va. 755 , 356 S.E.2d 626 (1987), we grounded our analysis upon the stated purpose of Rule 9(b), as expressed in Hager : "to permit the party charged with fraud the opportunity to prepare a defense." Chamberlaine, 177 W.Va. at 758 , 356 S.E.2d at 629 .

11998–1998
Unified School District No. 461 v. Dice green
kan · 1980
2 sentences

1988No. 461, Wilson County v. Dice, 228 Kan. 40 , 612 P.2d 1203 (1980); Fisher v. Independent School Dist.

1988No. 461, Wilson County v. Dice, 228 Kan. 40 , 612 P.2d 1203 (1980); Fisher v. Independent School Dist.

11988–1988
Tunley v. Municipality of Anchorage School District green
alaska · 1981
1 sentence

1988Hawks v. Lazaro, 157 W.Va. 417, 440 , 202 S.E.2d 109, 124 (1974), that “notice contemplates meaningful notice which affords an opportunity to prepare a defense and be heard on the merits.” See Brown v. Alabama State Tenure Comm’n, 349 So.2d 56 (Ala.Civ.App.1977); Tunley v. Anchorage School Dist., 631 P.2d 67 (Alaska 1980); United School Dist.

11988–1988
Brown v. Alabama State Tenure Com'n. neutral
alacivapp · 1977
1 sentence

1988Hawks v. Lazaro, 157 W.Va. 417, 440 , 202 S.E.2d 109, 124 (1974), that “notice contemplates meaningful notice which affords an opportunity to prepare a defense and be heard on the merits.” See Brown v. Alabama State Tenure Comm’n, 349 So.2d 56 (Ala.Civ.App.1977); Tunley v. Anchorage School Dist., 631 P.2d 67 (Alaska 1980); United School Dist.

11988–1988

Where else courts name it

NY 80 (1898–2026) TX 35 (1934–2025) IL 24 (1966–2023) IA 20 (1941–2026) CA 18 (1957–2026) PA 18 (1917–2026) IN 13 (1942–2024) OR 12 (2009–2025) WV 12 (1980–2024) GA 12 (1979–2018) FL 10 (1967–2025) MS 9 (1998–2025) MN 8 (1976–2017) MI 8 (1967–2026) MT 7 (1900–2021) AL 7 (1983–2016) OH 6 (1994–2019) TN 5 (1985–2026) OK 5 (1935–1992) WA 5 (2002–2019) ME 5 (1984–2023) MO 4 (1980–2021) VA 4 (2002–2010) NC 3 (1989–1999) ID 3 (1943–2015) DE 3 (1976–2023) CT 2 (1986–2009) NM 2 (1971–2019) NE 2 (1919–1981) RI 2 (1966–2019) VI 2 (1996–2026)

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.

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