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10 West Virginia opinions name it 1 courts 1993–2016 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 |
|---|---|---|
STATE EX REL. MYLAN, INC. v. Zakaibgreen2 sentences2016Mylan, Inc. v. Zakaib, id. (“In all decisions on motions made pursuant to West Virginia Code § 56-1-la (Supp.2010), courts must state findings of fact and conclusions of law as to each of the eight factors listed for consideration under subsection (a) of that statute.”). 2016Mylan, Inc. v. Zakaib, id. (“In all decisions on motions made pursuant to West Virginia Code § 56-1-1a (Supp. 2010), courts must state findings of fact and conclusions of law as to each of the eight factors listed for consideration under subsection (a) of that statute.”). | 4 | 5 |
State Ex Rel. Riffle v. Ransongreen2 sentences2011See Riffle, 195 W.Va. at 128 , 464 S.E.2d 763 (“Expressio unius est exlusio alternos ... is a well-accepted canon of statutory construction.”). 2011See Riffle, 195 W.Va. at 128 , 464 S.E.2d 763 (“Expressio unius est exlusio alternos ... is a well-accepted canon of statutory construction.”). | 2 | 2 |
State ex rel. Mylan, Inc. v. Zakaibgreen2 sentences2015We further held in Mylan that “[i]n all decisions on motions made pursuant to West Virginia Code § 56-1-la ... courts must state findings of fact and conclusions of law as to each of the eight factors listed for consideration under subsection (a) of that statute.” Id., 227 W.Va. at 643 , 713 S.E.2d at 358, syl. pt. 6, in part. 2015In all decisions on motions made pursuant to West Virginia Code § 56-1-la (Supp.2010), courts must state findings of fact and conclusions of law as to each of the eight factors listed for consideration under subsection (a) of that statute. 227 W.Va. at 643 , 713 S.E.2d at 358, Syl. | 1 | 5 |
Tankersley v. Tankersleygreen2 sentences1993In note 6 of Tankersley v. Tankersley, 182 W.Va. 627, 630 , 390 S.E.2d 826, 829 (1990), we set out the eight factors contained in Internal Revenue Ruling 59-60 as follows: '“(a) The nature of the business and the history of the enterprise from its inception. “ ‘(b) The economic outlook in general and the condition and outlook of the specific industry in particular. "‘(c) The book value of the stock and the financial condition of the business. " ‘(d) The earning capacity of the company. "'(e) The dividend-paying capacity. “‘(f) Whether or not the enterprise has goodwill or other intangible valu 1993In note 6 of Tankersley v. Tankersley, 182 W.Va. 627, 630 , 390 S.E.2d 826, 829 (1990), we set out the eight factors contained in Internal Revenue Ruling 59-60 as follows: '“(a) The nature of the business and the history of the enterprise from its inception. “ ‘(b) The economic outlook in general and the condition and outlook of the specific industry in particular. "‘(c) The book value of the stock and the financial condition of the business. " ‘(d) The earning capacity of the company. "'(e) The dividend-paying capacity. “‘(f) Whether or not the enterprise has goodwill or other intangible valu | 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. D. D. H. v. Dostert
green
2 sentences2016D.D.H. v. Dostert, 165 W.Va. 448 , 269 S.E.2d 401 (1980).3 This appeal followed. 2016D.D.H. v. Dostert, 165 W.Va. 448 , 269 S.E.2d 401 (1980).3 This appeal followed. | 1 | 2016–2016 |
MacE v. Mylan Pharmaceuticals, Inc.
green
1 sentence2016Code § 56-1-1(c) (2003). 8 By definition, as we explained in syllabus point eight of Mace, “dismissal of a claim or action on the basis of forum non conveniens presupposes at least two forums in which the defendant is amenable to process.” 227 W.Va. at 668, 714 S.E.2d at 225 . 5 Turning to the statutory factors that control the outcome of this case, only three of the eight factors were in dispute. | 1 | 2016–2016 |
Abbott v. Owens-Corning Fiberglas Corp.
yellow
2 sentences2015The Court, with little consideration of the actual statutory language, simply declared in 6 See Abbott v. Owens-Corning Fiberglass Corp., 191 W.Va. 198 , 444 S.E.2d 285 (1994). 7 During the oral argument of this case, the plaintiffs’ attorney acknowledged that the trial court had considered the statutory factors set forth in West Virginia Code § 56-1-1a. 8 That decision was issued before I joined the Court. 3 Zakaib that the Legislature had mandated specific findings of fact and conclusions of law as to each of the eight factors provided in the forum non conveniens statute. 2015The Court, with little consideration of the actual statutory language, simply declared in 6 See Abbott v. Owens-Corning Fiberglass Corp., 191 W.Va. 198 , 444 S.E.2d 285 (1994). 7 During the oral argument of this case, the plaintiffs’ attorney acknowledged that the trial court had considered the statutory factors set forth in West Virginia Code § 56-1-1a. 8 That decision was issued before I joined the Court. 3 Zakaib that the Legislature had mandated specific findings of fact and conclusions of law as to each of the eight factors provided in the forum non conveniens statute. | 1 | 2015–2015 |
SER North River Insurance v. Hon. Robert F. Chafin, Special Judge
green
2 sentences2015We have also recognized that “[t]he weight assigned to each factor varies because each case turns on its own unique facts.” North River, 233 W.Va. at 295 , 758 S.E.2d at 115 . 2015We have also recognized that “[t]he weight assigned to each factor varies because each case turns on its own unique facts.” North River, 233 W.Va. at 295 , 758 S.E.2d at 115 . | 1 | 2015–2015 |
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.