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9 West Virginia opinions name it 2 courts 1992–2025 3 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 |
|---|---|---|
Robinson v. Charleston Area Medical Center, Inc.green2 sentences1996Robinson v. Charleston Area Medical Center, 186 W.Va. 720, 726 , 414 S.E.2d 877, 883 (1991) (“[A] facial challenge to the constitutionality of legislation is the most difficult challenge to mount successfully. 1996Robinson v. Charleston Area Medical Center, 186 W.Va. 720, 726 , 414 S.E.2d 877, 883 (1991) (“[A] facial challenge to the constitutionality of legislation is the most difficult challenge to mount successfully. | 2 | 2 |
Tony P. Sellitti Construction Co. v. Carylgreen2 sentences2022The “no set of circumstances” test was articulated in the United States Supreme Court in United States v. Salerno, 481 U.S. 739, 745 (1987): “A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.” Such language was first introduced into West Virginia law (although not carried into a Syllabus Point) by Tony P. Sellitti Construction Co. v. Caryl, 185 W. 1994Haden v. Calco Awning & Window Corp., 153 W.Va. 524 , 170 S.E.2d 362 (1969), we state the standard for evaluating such a claim: “ ‘When the constitutionality of a statute is questioned every reasonable construction of the statute must be resorted to by a court in order to sustain constitutionality, and any doubt must be resolved in favor of the constitutionality of the legislative enactment.’ Point 3, Syllabus, Willis v. O’Brien, 151 W.Va. 628 [ 153 S.E.2d 178 ] [ (1967) ].” In Tony P. Sellitti Construction Co. v. Caryl, 185 W.Va. 584, 592 , 408 S.E.2d 336, 344 (1991), we recognize that “a fac | 2 | 2 |
United States v. Salernogreen1 sentence2022The “no set of circumstances” test was articulated in the United States Supreme Court in United States v. Salerno, 481 U.S. 739, 745 (1987): “A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.” Such language was first introduced into West Virginia law (although not carried into a Syllabus Point) by Tony P. Sellitti Construction Co. v. Caryl, 185 W. | 1 | 1 |
Rust v. Sullivangreen1 sentence2022Va. 584, 592 , 408 S.E.2d 336, 344 (1991) (quoting Rust v. Sullivan, 500 U.S. 173, 183 (1991), in turn quoting Salerno). | 1 | 1 |
Bridgeport Music, Inc. v. 11C Musicgreen2 sentences2014See Bridgeport Music, Inc. v. 11C Music, 202 F.R.D. 229, 231 (M.D.Tenn.2001) (“[T]he common question test[] is usually easy to satisfy.” (citation omitted)). 2014See Bridgeport Music, Inc . v. 11C Music, 202 F.R.D. 229, 231 (M.D. | 1 | 1 |
State v. Phillipsgreen2 sentences1999This Court has previously noted with respect to other hearsay exceptions contained in Rule 803 that "[t]he personal knowledge requirement, while not de minimis, is not meant to be a very difficult standard and may be satisfied if it is more likely than not that the evidence proves the percipiency of the declarant." State v. Phillips, 194 W.Va. 569, 578 , 461 S.E.2d 75, 84 (1995) (citing, inter alia, W. 1999This Court has previously noted with respect to other hearsay exceptions contained in Rule 803 that "[t]he personal knowledge requirement, while not de minimis, is not meant to be a very difficult standard and may be satisfied if it is more likely than not that the evidence proves the percipiency of the declarant." State v. Phillips, 194 W.Va. 569, 578 , 461 S.E.2d 75, 84 (1995) (citing, inter alia, W. | 1 | 1 |
City of New Orleans v. Dukesgreen2 sentences1992City of New Orleans v. Dukes, 427 U.S. 297, 303 , 96 S.Ct. 2513, 2517 , 49 L.Ed.2d 511, 517 (1976).” In Lewis, 185 W.Va. at 691 , 408 S.E.2d at 641 , we considered a facial challenge to W.Va.Code, 20-3A-1, et seq., which limits liability of ski area operators: “[A] facial challenge to the constitutionality of legislation is the most difficult challenge to mount successfully. 1992City of New Orleans v. Dukes, 427 U.S. 297, 303 , 96 S.Ct. 2513, 2517 , 49 L.Ed.2d 511, 517 (1976).” In Lewis, 185 W.Va. at 691 , 408 S.E.2d at 641 , we considered a facial challenge to W.Va.Code, 20-3A-1, et seq., which limits liability of ski area operators: “[A] facial challenge to the constitutionality of legislation is the most difficult challenge to mount successfully. | 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 |
|---|---|---|
Lewis v. Canaan Valley Resorts, Inc.
green
2 sentences2022The challenger must establish that no set of circumstances exists under which the legislation would be valid; the fact that the legislation might operate unconstitutionally 15 under some conceivable set of circumstances is insufficient to render it wholly invalid.” Lewis v. Canaan Valley Resorts, Inc., 185 W. 1992City of New Orleans v. Dukes, 427 U.S. 297, 303 , 96 S.Ct. 2513, 2517 , 49 L.Ed.2d 511, 517 (1976).” In Lewis, 185 W.Va. at 691 , 408 S.E.2d at 641 , we considered a facial challenge to W.Va.Code, 20-3A-1, et seq., which limits liability of ski area operators: “[A] facial challenge to the constitutionality of legislation is the most difficult challenge to mount successfully. | 2 | 1992–2022 |
In Re MeadWestvaco Stockholders Litigation
green
1 sentence2018This is a difficult standard to meet." In re MeadWestvaco Stockholders Litig. , 168 A.3d 675 , 684 (Del. | 1 | 2018–2018 |
State Ex Rel. Haden v. Calco Awning & Window Corp.
green
2 sentences1994Haden v. Calco Awning & Window Corp., 153 W.Va. 524 , 170 S.E.2d 362 (1969), we state the standard for evaluating such a claim: “ ‘When the constitutionality of a statute is questioned every reasonable construction of the statute must be resorted to by a court in order to sustain constitutionality, and any doubt must be resolved in favor of the constitutionality of the legislative enactment.’ Point 3, Syllabus, Willis v. O’Brien, 151 W.Va. 628 [ 153 S.E.2d 178 ] [ (1967) ].” In Tony P. Sellitti Construction Co. v. Caryl, 185 W.Va. 584, 592 , 408 S.E.2d 336, 344 (1991), we recognize that “a fac 1994Haden v. Calco Awning & Window Corp., 153 W.Va. 524 , 170 S.E.2d 362 (1969), we state the standard for evaluating such a claim: “ ‘When the constitutionality of a statute is questioned every reasonable construction of the statute must be resorted to by a court in order to sustain constitutionality, and any doubt must be resolved in favor of the constitutionality of the legislative enactment.’ Point 3, Syllabus, Willis v. O’Brien, 151 W.Va. 628 [ 153 S.E.2d 178 ] [ (1967) ].” In Tony P. Sellitti Construction Co. v. Caryl, 185 W.Va. 584, 592 , 408 S.E.2d 336, 344 (1991), we recognize that “a fac | 1 | 1994–1994 |
Willis v. O'BRIEN
green
2 sentences1994Haden v. Calco Awning & Window Corp., 153 W.Va. 524 , 170 S.E.2d 362 (1969), we state the standard for evaluating such a claim: “ ‘When the constitutionality of a statute is questioned every reasonable construction of the statute must be resorted to by a court in order to sustain constitutionality, and any doubt must be resolved in favor of the constitutionality of the legislative enactment.’ Point 3, Syllabus, Willis v. O’Brien, 151 W.Va. 628 [ 153 S.E.2d 178 ] [ (1967) ].” In Tony P. Sellitti Construction Co. v. Caryl, 185 W.Va. 584, 592 , 408 S.E.2d 336, 344 (1991), we recognize that “a fac 1994Haden v. Calco Awning & Window Corp., 153 W.Va. 524 , 170 S.E.2d 362 (1969), we state the standard for evaluating such a claim: “ ‘When the constitutionality of a statute is questioned every reasonable construction of the statute must be resorted to by a court in order to sustain constitutionality, and any doubt must be resolved in favor of the constitutionality of the legislative enactment.’ Point 3, Syllabus, Willis v. O’Brien, 151 W.Va. 628 [ 153 S.E.2d 178 ] [ (1967) ].” In Tony P. Sellitti Construction Co. v. Caryl, 185 W.Va. 584, 592 , 408 S.E.2d 336, 344 (1991), we recognize that “a fac | 1 | 1994–1994 |
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.