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8 West Virginia opinions name it 2 courts 1997–2024 2 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 |
|---|---|---|
TXO Production Corp. v. Alliance Resources Corp.green2 sentences2014As an initial matter, we decide that it is evident from the U.S. Supreme Court’s holdings in TXO Production Corp. v. Alliance Resources Corp. (TXO II), 509 U.S. 443, 454 , 113 S.Ct. 2711 , 125 L.Ed.2d 366 (1993), that the U.S. Supreme Court, has implicitly approved of the Garnes factors, .accepting a defendant’s wealth as a proper factor for consideration when a court sets and evalu ates a punitive damages award. 2014As an initial matter, we decide that it is evident from the U.S. Supreme Court’s holdings in TXO Production Corp. v. Alliance Resources Corp. (TXO II), 509 U.S. 443, 454 , 113 S.Ct. 2711 , 125 L.Ed.2d 366 (1993), that the U.S. Supreme Court, has implicitly approved of the Garnes factors, .accepting a defendant’s wealth as a proper factor for consideration when a court sets and evalu ates a punitive damages award. | 2 | 3 |
TXO Production Corp. v. Alliance Resources Corp.green2 sentences2014Thereafter, in TXO Production Corp. v. Alliance Resources Corp., 187 W.Va. 457, 474 , 419 S.E.2d 870, 887 (1992), this Court sought to elaborate on the Games requirement that punitive damages bear a “reasonable relationship to compensatory damages.” We noted in TXO that .the Garnes factors were created “to provide both procedural and substantive due process to defendants against whom punitive damages are awarded in accordance with the U.S. Suprerhe Court’s directive in HasliplT Id. (emphasis added). 2014Thereafter, in TXO Production Corp. v. Alliance Resources Corp., 187 W.Va. 457, 474 , 419 S.E.2d 870, 887 (1992), this Court sought to elaborate on the Games requirement that punitive damages bear a “reasonable relationship to compensatory damages.” We noted in TXO that .the Garnes factors were created “to provide both procedural and substantive due process to defendants against whom punitive damages are awarded in accordance with the U.S. Suprerhe Court’s directive in HasliplT Id. (emphasis added). | 2 | 3 |
Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.green2 sentences2021In fact, the United States Supreme Court has stated that “a reviewing court engaged in determining whether an award of punitive damages is excessive should ‘accord “substantial deference” to legislative judgments concerning appropriate sanctions for the conduct at issue.’” BMW of N. Am., Inc. v. Gore, 517 U.S. 559, 583 (1996) (quoting Browning–Ferris Indust. of Vt., Inc. v. Kelco Disposal, Inc., 492 U.S. 257, 301 (1989) (O’Connor, J., concurring in part and dissenting in part)). 7 Notably, this appeal presents no challenge whatsoever to the constitutionality of the statute itself. 5 While the 2021In fact, the United States Supreme Court has stated that “a reviewing court engaged in determining whether an award of punitive damages is excessive should ‘accord “substantial deference” to legislative judgments concerning appropriate sanctions for the conduct at issue.’” BMW of N. Am., Inc. v. Gore, 517 U.S. 559, 583 (1996) (quoting Browning–Ferris Indust. of Vt., Inc. v. Kelco Disposal, Inc., 492 U.S. 257, 301 (1989) (O’Connor, J., concurring in part and dissenting in part)). 7 Notably, this appeal presents no challenge whatsoever to the constitutionality of the statute itself. 5 While the | 1 | 1 |
BMW of North America, Inc. v. Goregreen2 sentences2021In fact, the United States Supreme Court has stated that “a reviewing court engaged in determining whether an award of punitive damages is excessive should ‘accord “substantial deference” to legislative judgments concerning appropriate sanctions for the conduct at issue.’” BMW of N. Am., Inc. v. Gore, 517 U.S. 559, 583 (1996) (quoting Browning–Ferris Indust. of Vt., Inc. v. Kelco Disposal, Inc., 492 U.S. 257, 301 (1989) (O’Connor, J., concurring in part and dissenting in part)). 7 Notably, this appeal presents no challenge whatsoever to the constitutionality of the statute itself. 5 While the 2021In fact, the United States Supreme Court has stated that “a reviewing court engaged in determining whether an award of punitive damages is excessive should ‘accord “substantial deference” to legislative judgments concerning appropriate sanctions for the conduct at issue.’” BMW of N. Am., Inc. v. Gore, 517 U.S. 559, 583 (1996) (quoting Browning–Ferris Indust. of Vt., Inc. v. Kelco Disposal, Inc., 492 U.S. 257, 301 (1989) (O’Connor, J., concurring in part and dissenting in part)). 7 Notably, this appeal presents no challenge whatsoever to the constitutionality of the statute itself. 5 While the | 1 | 1 |
Green Oil Co. v. Hornsbygreen2 sentences1997See 509 U.S. at 21-22 , 113 S.Ct. at 2473-74 (discussing criteria used by Alabama Supreme Court to determine excessiveness of punitive damages award); see generally Green Oil Co. v. Hornsby, 539 So.2d 218 (Ala.1989). [28] Sheetz asserts that it has amended its written policy to prevent the discharge of workers' compensation recipients and has altered its unwritten policy that formerly required workers to be "100%" before returning to work. 1997See 509 U.S. at 21-22 , 113 S.Ct. at 2473-74 (discussing criteria used by Alabama Supreme Court to determine excessiveness of punitive damages award); see generally Green Oil Co. v. Hornsby, 539 So.2d 218 (Ala.1989). [28] Sheetz asserts that it has amended its written policy to prevent the discharge of workers' compensation recipients and has altered its unwritten policy that formerly required workers to be "100%" before returning to work. | 1 | 1 |
Harless v. First National Bank in Fairmontgreen2 sentences1997Given the trial court's exemplary employment of the Garnes factors to this case as discussed above, we are satisfied that the trial court properly engaged in the review required and that the facts of this case with regard to the *694 retaliation claim support upholding the fifteen to one ratio of punitive to compensatory damages without offending due process principles. [35] The final matter which we address is Sheetz' request that this Court expand upon our recognition in Mace v. Charleston Area Medical Center Foundation, 188 W.Va. 57 , 422 S.E.2d 624 (1992) and Dzinglski v. Weirton Steel Cor 1997Given the trial court's exemplary employment of the Garnes factors to this case as discussed above, we are satisfied that the trial court properly engaged in the review required and that the facts of this case with regard to the *694 retaliation claim support upholding the fifteen to one ratio of punitive to compensatory damages without offending due process principles. [35] The final matter which we address is Sheetz' request that this Court expand upon our recognition in Mace v. Charleston Area Medical Center Foundation, 188 W.Va. 57 , 422 S.E.2d 624 (1992) and Dzinglski v. Weirton Steel Cor | 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 |
|---|---|---|
Garnes v. Fleming Landfill, Inc.
green
2 sentences2014Accordingly, the Perrine Court restated the Garnes test as follows, without changing the substance of the test: When a trial or appellate court reviews an award of punitive damages for excessiveness under Syllabus points 3 and 4 of Garnes v. Fleming Landfill, Inc., 186 W. 2014Accordingly, the Perrine Court restated the Garnes test as follows, without changing the substance of the test: When a trial or appellate court reviews an award of punitive damages for excessiveness under Syllabus points 3 and 4 of Garnes v. Fleming Landfill, Inc., 186 W. | 4 | 1997–2014 |
Perrine v. EI DU PONT DE NEMOURS AND CO.
green
2 sentences2024Va. 482 , 694 S.E.2d 815 (2010) (clarifying the Garnes factors).6 First, HP argues that the default judgment is void pursuant to Rule 60(b)(4) of the West Virginia Rules of Civil Procedure because the circuit court lacked subject matter jurisdiction to consider Ms. Thomas’ claims. 2024Va. 482 , 694 S.E.2d 815 (2010) (clarifying the Garnes factors).6 First, HP argues that the default judgment is void pursuant to Rule 60(b)(4) of the West Virginia Rules of Civil Procedure because the circuit court lacked subject matter jurisdiction to consider Ms. Thomas’ claims. | 1 | 2024–2024 |
Vandevender v. Sheetz, Inc.
green
2 sentences2010Subsequent to BMW, in a case styled Vandevender v. Sheetz, Inc., 200 W.Va. 591 , 490 S.E.2d 678 (1997) (per curiam), this Court reexamined the punitive damages analysis established in Garnes v. Fleming Landfill, Inc., 186 W.Va. 656 , 413 S.E.2d 897 , and concluded that the Garnes analysis satisfied the requirements of BMW. 2010Subsequent to BMW, in a case styled Vandevender v. Sheetz, Inc., 200 W.Va. 591 , 490 S.E.2d 678 (1997) (per curiam), this Court reexamined the punitive damages analysis established in Garnes v. Fleming Landfill, Inc., 186 W.Va. 656 , 413 S.E.2d 897 , and concluded that the Garnes analysis satisfied the requirements of BMW. | 1 | 2010–2010 |
Kolstad v. American Dental Assn.
green
2 sentences1999We also note that the United States Supreme Court has recently addressed the standard for the award of punitive damages in a gender discrimination case, Kolstad v. American Dental Association, 527 U.S. 526 , 119 S.Ct. 2118 , 144 L.Ed.2d 494 (1999). 1999We also note that the United States Supreme Court has recently addressed the standard for the award of punitive damages in a gender discrimination case, Kolstad v. American Dental Association, 527 U.S. 526 , 119 S.Ct. 2118 , 144 L.Ed.2d 494 (1999). | 1 | 1999–1999 |
Mace v. Charleston Area Medical Center Foundation, Inc.
green
2 sentences1997Given the trial court's exemplary employment of the Garnes factors to this case as discussed above, we are satisfied that the trial court properly engaged in the review required and that the facts of this case with regard to the *694 retaliation claim support upholding the fifteen to one ratio of punitive to compensatory damages without offending due process principles. [35] The final matter which we address is Sheetz' request that this Court expand upon our recognition in Mace v. Charleston Area Medical Center Foundation, 188 W.Va. 57 , 422 S.E.2d 624 (1992) and Dzinglski v. Weirton Steel Cor 1997Given the trial court's exemplary employment of the Garnes factors to this case as discussed above, we are satisfied that the trial court properly engaged in the review required and that the facts of this case with regard to the *694 retaliation claim support upholding the fifteen to one ratio of punitive to compensatory damages without offending due process principles. [35] The final matter which we address is Sheetz' request that this Court expand upon our recognition in Mace v. Charleston Area Medical Center Foundation, 188 W.Va. 57 , 422 S.E.2d 624 (1992) and Dzinglski v. Weirton Steel Cor | 1 | 1997–1997 |
Dzinglski v. Weirton Steel Corp.
green
2 sentences1997Given the trial court's exemplary employment of the Garnes factors to this case as discussed above, we are satisfied that the trial court properly engaged in the review required and that the facts of this case with regard to the *694 retaliation claim support upholding the fifteen to one ratio of punitive to compensatory damages without offending due process principles. [35] The final matter which we address is Sheetz' request that this Court expand upon our recognition in Mace v. Charleston Area Medical Center Foundation, 188 W.Va. 57 , 422 S.E.2d 624 (1992) and Dzinglski v. Weirton Steel Cor 1997Given the trial court's exemplary employment of the Garnes factors to this case as discussed above, we are satisfied that the trial court properly engaged in the review required and that the facts of this case with regard to the *694 retaliation claim support upholding the fifteen to one ratio of punitive to compensatory damages without offending due process principles. [35] The final matter which we address is Sheetz' request that this Court expand upon our recognition in Mace v. Charleston Area Medical Center Foundation, 188 W.Va. 57 , 422 S.E.2d 624 (1992) and Dzinglski v. Weirton Steel Cor | 1 | 1997–1997 |
MacE v. CHARLESTON AREA MED CTR. FOUND.
green
2 sentences1997Given the trial court's exemplary employment of the Garnes factors to this case as discussed above, we are satisfied that the trial court properly engaged in the review required and that the facts of this case with regard to the *694 retaliation claim support upholding the fifteen to one ratio of punitive to compensatory damages without offending due process principles. [35] The final matter which we address is Sheetz' request that this Court expand upon our recognition in Mace v. Charleston Area Medical Center Foundation, 188 W.Va. 57 , 422 S.E.2d 624 (1992) and Dzinglski v. Weirton Steel Cor 1997Given the trial court's exemplary employment of the Garnes factors to this case as discussed above, we are satisfied that the trial court properly engaged in the review required and that the facts of this case with regard to the *694 retaliation claim support upholding the fifteen to one ratio of punitive to compensatory damages without offending due process principles. [35] The final matter which we address is Sheetz' request that this Court expand upon our recognition in Mace v. Charleston Area Medical Center Foundation, 188 W.Va. 57 , 422 S.E.2d 624 (1992) and Dzinglski v. Weirton Steel Cor | 1 | 1997–1997 |