8 West Virginia opinions name it 1 courts 1951–2023 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.
| Case | Followed | Cited |
|---|---|---|
Hutchison v. City of Huntingtongreen1 sentence2020Sims v. Cty. of Bureau, 506 F.3d 509, 514 (7th Cir. 2007) (“In order to state a § 1983 claim against a municipality, the complaint must allege that an official policy or custom not only caused the constitutional violation, but was the moving force behind it.” (internal quotations and citations omitted)); Hutchison v. City of Huntington, 198 W. | 1 | 1 |
Estate of Sims Ex Rel. Sims v. County of Bureaugreen1 sentence2020Sims v. Cty. of Bureau, 506 F.3d 509, 514 (7th Cir. 2007) (“In order to state a § 1983 claim against a municipality, the complaint must allege that an official policy or custom not only caused the constitutional violation, but was the moving force behind it.” (internal quotations and citations omitted)); Hutchison v. City of Huntington, 198 W. | 1 | 1 |
Colbert v. City of Chicagogreen1 sentence2020See also Colbert v. City of Chicago, 851 F.3d 649, 656 (7th Cir. 2017) (“To succeed on a direct claim against a municipality, [a plaintiff] must identify a policy or custom of the municipality that violates the plaintiff’s constitutional rights.” (internal quotations and citation omitted)); Estate of Sims ex rel. | 1 | 1 |
In Re Emily G.green2 sentences2012This Court has also specifically stated that “[djismissal of the petition without a hearing is a direct violation of the statutory mandate to hold a hearing on abuse and/or neglect petitions.” In re Emily G., 224 W.Va. 390, 396 , 686 S.E.2d 41, 47 (2009). 2012This Court has also specifically stated that “[djismissal of the petition without a hearing is a direct violation of the statutory mandate to hold a hearing on abuse and/or neglect petitions.” In re Emily G., 224 W.Va. 390, 396 , 686 S.E.2d 41, 47 (2009). | 1 | 1 |
MacMillan v. Redman Homes, Inc.green1 sentence2009Holding that the MHA preempts state court jurisdiction to litigate safety issues governed by an existing MHA formaldehyde standard, the court in Macmillan also recognized by referencing the provisions of 42 U.S.C. § 5422 that Congress intended to allow “state courts [to] assert jurisdiction over manufactured housing safety issues when there is no. federal standard on the subject.” 818 S.W.2d at 94 (emphasis in original omitted). | 1 | 1 |
State v. Williamsgreen2 sentences1988Rather, “[mjodern reasoning indicates that the trial court is obligated to conduct an inquiry if there is any possibility of prejudice.” State v. Williams, 160 W.Va. 19, 24 , 230 S.E.2d 742, 746 (1976) (emphasis in original); cf. State v. Hobbs, 168 W.Va. 13 , 282 S.E.2d 258 (1981) (probable prejudice did not exist since publicity was not inherently prejudicial). 3 . 1988Rather, “[mjodern reasoning indicates that the trial court is obligated to conduct an inquiry if there is any possibility of prejudice.” State v. Williams, 160 W.Va. 19, 24 , 230 S.E.2d 742, 746 (1976) (emphasis in original); cf. State v. Hobbs, 168 W.Va. 13 , 282 S.E.2d 258 (1981) (probable prejudice did not exist since publicity was not inherently prejudicial). 3 . | 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 |
|---|---|---|
Marek v. O.B. Gyne Specialists II, S.C.
green
2 sentences2020Id. 2020Id. | 2 | 2020–2020 |
West Virginia Regional Jail & Correctional Facility Authority v. A.B.
green
1 sentence2023Va. 492 , 766 S.E.2d 751 (holding, in relevant part, that qualified immunity may be overcome when governmental official’s discretionary functions are fraudulent, malicious, or oppressive). 20 Petitioners argue that Mr. Bailey has failed to satisfy the heightened pleading standard required to overcome qualified immunity for this claim because he failed 19 Mr. Bailey has asserted a direct claim for malicious prosecution against MFCU, a state agency. | 1 | 2023–2023 |
State v. Williams
green
2 sentences1988We considered and rejected this practice in Williams , noting that "in many instances it would be impossible for a defendant to show actual juror exposure without a direct inquiry of the jurors them-selves_” State v. Williams, 172 W.Va. at 305 n. 5, 305 S.E.2d at 261 n. 5. 1988We considered and rejected this practice in Williams , noting that "in many instances it would be impossible for a defendant to show actual juror exposure without a direct inquiry of the jurors them-selves_” State v. Williams, 172 W.Va. at 305 n. 5, 305 S.E.2d at 261 n. 5. | 1 | 1988–1988 |
State v. Hobbs
green
2 sentences1988Rather, “[mjodern reasoning indicates that the trial court is obligated to conduct an inquiry if there is any possibility of prejudice.” State v. Williams, 160 W.Va. 19, 24 , 230 S.E.2d 742, 746 (1976) (emphasis in original); cf. State v. Hobbs, 168 W.Va. 13 , 282 S.E.2d 258 (1981) (probable prejudice did not exist since publicity was not inherently prejudicial). 3 . 1988Rather, “[mjodern reasoning indicates that the trial court is obligated to conduct an inquiry if there is any possibility of prejudice.” State v. Williams, 160 W.Va. 19, 24 , 230 S.E.2d 742, 746 (1976) (emphasis in original); cf. State v. Hobbs, 168 W.Va. 13 , 282 S.E.2d 258 (1981) (probable prejudice did not exist since publicity was not inherently prejudicial). 3 . | 1 | 1988–1988 |
Neal v. Hamilton Co.
green
1 sentence1951Couch v. Eastham, supra; Neal v. Hamilton Co., 70 W. | 1 | 1951–1951 |
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.