11 West Virginia opinions name it 1 courts 1895–2016 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 |
|---|---|---|
International Paper Co. v. Ouellettegreen2 sentences2014See Ouellette, 479 U.S. at 492 , 107 S.Ct. 805 . (“Although Congress intended to dominate the field of pollution regulation, the saving clause negates the inference that Congress ‘left no room’ for state causes of action.”). 2014See Ouellette, 479 U.S. at 492 , 107 S.Ct. 805 . (“Although Congress intended to dominate the field of pollution regulation, the saving clause negates the inference that Congress ‘left no room’ for state causes of action.”). | 1 | 1 |
Chesapeake & Potomac Co. v. State Tax Departmentgreen2 sentences2009Chesapeake and Potomac Co. v. State Tax Department, 161 W.Va. 77, 83 , 239 S.E.2d 918, 922 (1977). 2009Chesapeake and Potomac Co. v. State Tax Department, 161 W.Va. 77, 83 , 239 S.E.2d 918, 922 (1977). | 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 |
|---|---|---|
Curran v. Owens
green
2 sentences2009Moreover, upon approval of the amendments, those statutes require the planning commission to formally adopt the amendments and recommend and certify them to the county commission. 2 As long recognized, “the general rule is, that when an act of the Legislature is *371 repealed without a saving clause, that it must be considered, except as to transactions passed and closed, as if it had never existed.” Syl. pt. 1, Curran v. Owens, 15 W.Va. 208 (1879). 1977The legal effect of such a repeal, in the absence of a saving clause, is well stated in the first three Syllabus Points of Curran v. Owens, 15 W. | 2 | 1977–2009 |
State v. Sims
green
2 sentences1988"If the elimination of the unconstitutional parts of an act of the Legislature would result in an act other and different from that which the Legislature intended to enact, a saving clause will not operate to save the remaining parts of the act." Syl.Pt. 20, Trent v. Sims, 138 W.Va. 244 , 77 S.E.2d 122 . [5] The Governor is required to make an oath by art. 1988"If the elimination of the unconstitutional parts of an act of the Legislature would result in an act other and different from that which the Legislature intended to enact, a saving clause will not operate to save the remaining parts of the act.” Syl.Pt. 20, Trent v. Sims, 138 W.Va. 244 , 77 S.E.2d 122 . . | 2 | 1988–1988 |
State ex rel. Trent v. Sims
green
2 sentences1988"If the elimination of the unconstitutional parts of an act of the Legislature would result in an act other and different from that which the Legislature intended to enact, a saving clause will not operate to save the remaining parts of the act." Syl.Pt. 20, Trent v. Sims, 138 W.Va. 244 , 77 S.E.2d 122 . [5] The Governor is required to make an oath by art. 1988"If the elimination of the unconstitutional parts of an act of the Legislature would result in an act other and different from that which the Legislature intended to enact, a saving clause will not operate to save the remaining parts of the act.” Syl.Pt. 20, Trent v. Sims, 138 W.Va. 244 , 77 S.E.2d 122 . . | 2 | 1988–1988 |
At&T Mobility LLC v. Concepcion
green
2 sentences2016Id. 2016Id. | 1 | 2016–2016 |
Geier v. American Honda Motor Co.
green
2 sentences2009The saving clause of the motor vehicle safety Act stated that " '[compliance with’ a federal safety standard ‘does not exempt any person from any liability under common law.’ " Id. at 868 , 120 S.Ct. 1913 (citation omitted). 10 . 2009The saving clause of the motor vehicle safety Act stated that " '[compliance with’ a federal safety standard ‘does not exempt any person from any liability under common law.’ " Id. at 868 , 120 S.Ct. 1913 (citation omitted). 10 . | 1 | 2009–2009 |
Lingamfelter v. Brown
green
1 sentence1953Va. 566 , pts. 3 and 4 syl., 52 S. E. 2d 687 , in interpreting Chapter 5, Acts of the Legislature, Regular Session, 1947, creating the West Virginia State Apple Commission, and prescribing its powers and duties, held that the saving clause, contained in the statute, did not serve to save the constitutional parts of the statute, where the controlling part of the statute was held unconstitutional. | 1 | 1953–1953 |
Hodges v. Public Service Commission
green
2 sentences1952The act so declares in each of its three separate chapters;-and the saving clause contained in the provisions of each chapter, being an “aid in determining legislative intent”, Hodges v. Public Service Commission, 110 W. 1952Va. 649 , 159 S. E. 834 , and an expres *406 sion of the will of the Legislature, though not “an inexorable command”, is generally carried into effect by the courts. 11 Am. | 1 | 1952–1952 |
Merritt v. Hughes
green
1 sentence1898Merritt v. Hughes, 36 W. | 1 | 1898–1898 |
Parsons v. Riley
neutral
1 sentence1895Parsons v. Riley, 33 W. | 1 | 1895–1895 |
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.