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11 West Virginia opinions name it 2 courts 2010–2026 5 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 |
|---|---|---|
West Virginia Alcohol Beverage Control Administration v. Scottgreen2 sentences2016It is well settled under this Court’s precedents that “not all technical procedui’al violations merit relief where there is substantial compliance with substantive law.” West Virginia Alcohol Beverage Control Administration and Division of Personnel v. Scott, 205 W.Va. 398, 403 , 518 S.E.2d 639, 644 (1999) (Workman, J., dissenting) (emphasis in-original). 2016It is well settled under this Court’s precedents that “not all technical procedui’al violations merit relief where there is substantial compliance with substantive law.” West Virginia Alcohol Beverage Control Administration and Division of Personnel v. Scott, 205 W.Va. 398, 403 , 518 S.E.2d 639, 644 (1999) (Workman, J., dissenting) (emphasis in-original). | 1 | 2 |
State v. LaRockgreen2 sentences2025That is not the end of our inquiry, however, as plain error should only be invoked where the error affected a defendant’s substantial rights, meaning that “the error was prejudicial and not harmless.” State v. LaRock, 196 W. 2025Va. 294, 316 , 470 S.E.2d 613, 635 (1996) (citing Miller, 194 W. | 1 | 1 |
O'BRIEN v. Board of Tax Reviewgreen2 sentences2013Equalization Bd., 303 Ark. 387 , 797 S.W.2d 439, 441 (1990) ("the current purchase price is an important criterion of market value, but it alone does not conclusively determine the market value ... a real bargain hunter might purchase a piece of property solely because he is getting it for less than market value, and one such isolated sale does not establish market value.”); Dennis v. Cnty. of Santa Clara, 215 Cal.App.3d 1019 , 263 Cal.Rptr. 887 (1989) (purchase price may be significant but it is only the beginning and not necessarily the end of the inquiry); O'Brien v. Bd. of Tax Review, 169 2013Equalization Bd., 797 S.W.2d 439, 441 (Ark.,1990) (“the current purchase price is an important criterion of market value, but it alone does not conclusively determine the market value . . . a real bargain hunter might purchase a piece of property solely because he is getting it for less than market value, and one such isolated sale does not establish market value.”); Dennis v. Cnty. of Santa Clara, 215 Cal.App.3d 1019 , 263 Cal.Rptr. 887 (Cal.App. 1989) (purchase price may be significant but it is only the beginning and not necessarily the end of the inquiry); O'Brien v. Bd. of Tax Review, 362 | 1 | 1 |
Tuthill v. Arkansas County Equalization Boardgreen2 sentences2013Equalization Bd., 303 Ark. 387 , 797 S.W.2d 439, 441 (1990) ("the current purchase price is an important criterion of market value, but it alone does not conclusively determine the market value ... a real bargain hunter might purchase a piece of property solely because he is getting it for less than market value, and one such isolated sale does not establish market value.”); Dennis v. Cnty. of Santa Clara, 215 Cal.App.3d 1019 , 263 Cal.Rptr. 887 (1989) (purchase price may be significant but it is only the beginning and not necessarily the end of the inquiry); O'Brien v. Bd. of Tax Review, 169 2013Equalization Bd., 797 S.W.2d 439, 441 (Ark.,1990) (“the current purchase price is an important criterion of market value, but it alone does not conclusively determine the market value . . . a real bargain hunter might purchase a piece of property solely because he is getting it for less than market value, and one such isolated sale does not establish market value.”); Dennis v. Cnty. of Santa Clara, 215 Cal.App.3d 1019 , 263 Cal.Rptr. 887 (Cal.App. 1989) (purchase price may be significant but it is only the beginning and not necessarily the end of the inquiry); O'Brien v. Bd. of Tax Review, 362 | 1 | 1 |
Roadway Express, Inc. v. Pipergreen2 sentences2010Consequently, Jean K. had an inadequate opportunity to respond to the reasonableness of the amount of fees that were requested. [5] This Court has advised that "`[l]ike other sanctions, attorney's fees certainly should not be assessed lightly or without fair notice and an opportunity for a hearing on the record.'" Daily Gazette Co., Inc. v. Canady, 175 W.Va. 249, 251 , 332 S.E.2d 262, 264 (1985) (quoting Roadway Express, Inc. v. *875 Piper, 447 U.S. 752, 766-67 , 100 S.Ct. 2455, 2464 , 65 L.E.2d 488, 501-02 (1980)). 2010Consequently, Jean K. had an inadequate opportunity to respond to the reasonableness of the amount of fees that were requested. [5] This Court has advised that "`[l]ike other sanctions, attorney's fees certainly should not be assessed lightly or without fair notice and an opportunity for a hearing on the record.'" Daily Gazette Co., Inc. v. Canady, 175 W.Va. 249, 251 , 332 S.E.2d 262, 264 (1985) (quoting Roadway Express, Inc. v. *875 Piper, 447 U.S. 752, 766-67 , 100 S.Ct. 2455, 2464 , 65 L.E.2d 488, 501-02 (1980)). | 1 | 1 |
Daily Gazette Co., Inc. v. Canadygreen2 sentences2010Consequently, Jean K. had an inadequate opportunity to respond to the reasonableness of the amount of fees that were requested. [5] This Court has advised that "`[l]ike other sanctions, attorney's fees certainly should not be assessed lightly or without fair notice and an opportunity for a hearing on the record.'" Daily Gazette Co., Inc. v. Canady, 175 W.Va. 249, 251 , 332 S.E.2d 262, 264 (1985) (quoting Roadway Express, Inc. v. *875 Piper, 447 U.S. 752, 766-67 , 100 S.Ct. 2455, 2464 , 65 L.E.2d 488, 501-02 (1980)). 2010Consequently, Jean K. had an inadequate opportunity to respond to the reasonableness of the amount of fees that were requested. [5] This Court has advised that "`[l]ike other sanctions, attorney's fees certainly should not be assessed lightly or without fair notice and an opportunity for a hearing on the record.'" Daily Gazette Co., Inc. v. Canady, 175 W.Va. 249, 251 , 332 S.E.2d 262, 264 (1985) (quoting Roadway Express, Inc. v. *875 Piper, 447 U.S. 752, 766-67 , 100 S.Ct. 2455, 2464 , 65 L.E.2d 488, 501-02 (1980)). | 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 |
|---|---|---|
State Ex Rel. Shifflet v. Rudloff
green
1 sentence2026Va. 404 , 582 S.E.2d 851 (2003), the petitioner’s conviction, sentence, and incarceration mooted a pre-conviction confinement issue raised on direct appeal).8 8 The petitioner’s counsel conceded at oral argument that the case is moot. 7 Our finding that a case is moot is not, however, the end of the analysis, as “a court may determine that an otherwise moot case may be considered due to the nature of the issues raised or the manner in which such issues are presented.” State ex rel. | 1 | 2026–2026 |
State ex rel. Bluestone Coal Corp. v. Mazzone
green
1 sentence2026Bluestone Coal Corp. v. Mazzone, 226 W. | 1 | 2026–2026 |
Georgia Farm Bureau Mutual Insurance Company v. Smith
green
1 sentence2025The policy defined “pollutant” as “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste.” Id. 27 applies to the chlorine spill and the damage it caused, that is not the end of our analysis. | 1 | 2025–2025 |
State v. Miller
green
1 sentence2025Va. 294, 316 , 470 S.E.2d 613, 635 (1996) (citing Miller, 194 W. | 1 | 2025–2025 |
State v. Shaffer
green
1 sentence2022Va. 197 , 75 S.E.2d 217 (1953). 7 While we find the circuit court abused its discretion by refusing to give the accident instruction, that is not the end of our inquiry. | 1 | 2022–2022 |
Adkins v. Gatson
green
1 sentence2022Pt. 2, Adkins v. Gatson, 218 W. | 1 | 2022–2022 |
Barnett v. Wolfolk
green
2 sentences2022Notwithstanding our conclusion that the circuit court erred in weighing, and then totally discounting, the anticipated testimony of the two witnesses, this is not the end of our inquiry because 19 “‘[t]his Court may, on appeal, affirm the judgment of the lower court when it appears that such judgment is correct on any legal ground disclosed by the record, regardless of the ground, reason or theory assigned by the lower court as the basis for its judgment.’ Syllabus point 3, Barnett v. Wolfolk, 149 W.Va. 246 , 140 S.E.2d 466 (1965).” Syl. 2022Notwithstanding our conclusion that the circuit court erred in weighing, and then totally discounting, the anticipated testimony of the two witnesses, this is not the end of our inquiry because 19 “‘[t]his Court may, on appeal, affirm the judgment of the lower court when it appears that such judgment is correct on any legal ground disclosed by the record, regardless of the ground, reason or theory assigned by the lower court as the basis for its judgment.’ Syllabus point 3, Barnett v. Wolfolk, 149 W.Va. 246 , 140 S.E.2d 466 (1965).” Syl. | 1 | 2022–2022 |
Gallapoo v. Wal-Mart Stores, Inc.
green
1 sentence2019Pt. 1, Gallapoo v. Wal-Mart Stores, Inc. , 197 W. | 1 | 2019–2019 |
Dennis v. County of Santa Clara
green
2 sentences2013Equalization Bd., 303 Ark. 387 , 797 S.W.2d 439, 441 (1990) ("the current purchase price is an important criterion of market value, but it alone does not conclusively determine the market value ... a real bargain hunter might purchase a piece of property solely because he is getting it for less than market value, and one such isolated sale does not establish market value.”); Dennis v. Cnty. of Santa Clara, 215 Cal.App.3d 1019 , 263 Cal.Rptr. 887 (1989) (purchase price may be significant but it is only the beginning and not necessarily the end of the inquiry); O'Brien v. Bd. of Tax Review, 169 2013Equalization Bd., 797 S.W.2d 439, 441 (Ark.,1990) (“the current purchase price is an important criterion of market value, but it alone does not conclusively determine the market value . . . a real bargain hunter might purchase a piece of property solely because he is getting it for less than market value, and one such isolated sale does not establish market value.”); Dennis v. Cnty. of Santa Clara, 215 Cal.App.3d 1019 , 263 Cal.Rptr. 887 (Cal.App. 1989) (purchase price may be significant but it is only the beginning and not necessarily the end of the inquiry); O'Brien v. Bd. of Tax Review, 362 | 1 | 2013–2013 |
Walker v. Trump
green
2 sentences2013Equalization Bd., 303 Ark. 387 , 797 S.W.2d 439, 441 (1990) ("the current purchase price is an important criterion of market value, but it alone does not conclusively determine the market value ... a real bargain hunter might purchase a piece of property solely because he is getting it for less than market value, and one such isolated sale does not establish market value.”); Dennis v. Cnty. of Santa Clara, 215 Cal.App.3d 1019 , 263 Cal.Rptr. 887 (1989) (purchase price may be significant but it is only the beginning and not necessarily the end of the inquiry); O'Brien v. Bd. of Tax Review, 169 2013Equalization Bd., 797 S.W.2d 439, 441 (Ark.,1990) (“the current purchase price is an important criterion of market value, but it alone does not conclusively determine the market value . . . a real bargain hunter might purchase a piece of property solely because he is getting it for less than market value, and one such isolated sale does not establish market value.”); Dennis v. Cnty. of Santa Clara, 215 Cal.App.3d 1019 , 263 Cal.Rptr. 887 (Cal.App. 1989) (purchase price may be significant but it is only the beginning and not necessarily the end of the inquiry); O'Brien v. Bd. of Tax Review, 362 | 1 | 2013–2013 |
Baker v. STATE, DHSS
green
1 sentence2013We note also that Rule 10(j) provides for the imposition of sanctions where a party’s brief does not comport with the rules, including “the Supreme Court refusing to consider the case, denying oral argument to the derelict party, dismissing the case from the docket, or imposing such other sanctions as the Court may deem appropriate.” 16 In Baker, 191 P.3d at 1010 , the Supreme Court of Alaska cited numerous authorities standing for the proposition that an “agency must actively provide ‘complete’ notice and should not ‘improperly place[] on the recipient the burden of acquiring notice[;] due pr | 1 | 2013–2013 |
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.