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8 West Virginia opinions name it 2 courts 1997–2023 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 |
|---|---|---|
Multiplex, Inc. v. Town of Claygreen2 sentences2018Va. 1 , 14, 799 S.E.2d 78 , 91 (2017) (remanding for Pitrolo hearing to provide parties the opportunity to address the reasonableness of the fee award, itself). 82 Multiplex , 231 W. 2018Va. at 739 , 749 S.E.2d at 632 (stating that "[w]hile [the] court is not required to make detailed findings on each and every element of the Pitrolo test, some being irrelevant in a given situation, the court must make findings sufficient to permit meaningful appellate review"). 83 Before the circuit court, the parties extensively briefed the question of whether Kevin was entitled to an award of attorneys' fees under Sally-Mike 's equitable exception to our general rule that each litigant is to bear his or her own costs. | 3 | 3 |
Heldreth v. Rahimiangreen2 sentences2017See Heldreth v. Rahimian, 219 W.Va. 462 , 637 S.E.2d 359 (2006) (remanding for hearing because findings relative to fee award failed to comport with Pitrolo); Shafer v. Kings Tire Serv., Inc., 215 W.Va. 169 , 597 S.E.2d 302 .(2004) (remanding for findings demonstrating court engaged in proper balancing of applicable Pitrolo factors). 2017See Heldreth v. Rahimian, 219 W.Va. 462 , 637 S.E.2d 359 (2006) (remanding for hearing because findings relative to fee award failed to comport with Pitrolo); Shafer v. Kings Tire Serv., Inc., 215 W.Va. 169 , 597 S.E.2d 302 .(2004) (remanding for findings demonstrating court engaged in proper balancing of applicable Pitrolo factors). | 2 | 2 |
Shafer v. Kings Tire Service, Inc.green2 sentences2017See Heldreth v. Rahimian, 219 W.Va. 462 , 637 S.E.2d 359 (2006) (remanding for hearing because findings relative to fee award failed to comport with Pitrolo); Shafer v. Kings Tire Serv., Inc., 215 W.Va. 169 , 597 S.E.2d 302 .(2004) (remanding for findings demonstrating court engaged in proper balancing of applicable Pitrolo factors). 2017See Heldreth v. Rahimian, 219 W.Va. 462 , 637 S.E.2d 359 (2006) (remanding for hearing because findings relative to fee award failed to comport with Pitrolo); Shafer v. Kings Tire Serv., Inc., 215 W.Va. 169 , 597 S.E.2d 302 .(2004) (remanding for findings demonstrating court engaged in proper balancing of applicable Pitrolo factors). | 1 | 3 |
Boyd v. Goffoligreen2 sentences2016With respect to the Pitrolo factors, the circuit court found that 1) the evidentiary burden for establishing a right of way, along with the time-intensive nature of this 11 But see Boyd v. Goffoli, 216 W. 2016With respect to the Pitrolo factors, the circuit court found that 1) the evidentiary burden for establishing a right of way, along with the time-intensive nature of this 11 But see Boyd v. Goffoli, 216 W. | 1 | 1 |
Eileen McAfee v. Christine Boczargreen1 sentence2016See McAfee v. Boczar, 738 F.3d 81, 94 (4th Cir. 2013), as amended (Jan. 23, 2014) (“[W]e cannot ignore the pronounced disproportionality between the verdict . . . and the fee award[.]”). | 1 | 1 |
Horkulic v. Gallowaygreen2 sentences2013The determination of whether fees are reasonable “is simply a fact driven question that must be assessed under the Pitrolo factors.” Id. at 466, 665 S.E.2d at 300 (Davis, J., concurring). 2013The determination of whether fees are reasonable “is simply a fact driven question that must be assessed under the Pitrolo factors.” Id. at 466, 665 S.E.2d at 300 (Davis, J., concurring). | 1 | 1 |
Erwin v. Hensongreen2 sentences2013See Shafer v. Kings Tire Serv., Inc., 215 W.Va. 169, 177 , 597 S.E.2d 302, 310 (2004) (“Because our abuse of discretion review is limited to analyzing whether the circuit court engaged in a proper balancing of applicable factors, we have found that a ‘circuit court is required to make findings of fact and conclusions of law on the issue of attorneys’ fees.’ ”); 19 Heldreth v. Rahimian, 219 W.Va. 462, 470 , 637 S.E.2d 359, 367 (2006) (“While the trial court’s findings relative to the fee award in this case amount to more than the summary conclusion of a specific fee award that this Court found 2013See Shafer v. Kings Tire Serv., Inc., 215 W.Va. 169, 177 , 597 S.E.2d 302, 310 (2004) (“Because our abuse of discretion review is limited to analyzing whether the circuit court engaged in a proper balancing of applicable factors, we have found that a ‘circuit court is required to make findings of fact and conclusions of law on the issue of attorneys’ fees.’ ”); 19 Heldreth v. Rahimian, 219 W.Va. 462, 470 , 637 S.E.2d 359, 367 (2006) (“While the trial court’s findings relative to the fee award in this case amount to more than the summary conclusion of a specific fee award that this Court found | 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 |
|---|---|---|
Banker v. Banker
green
2 sentences2023Banker, 196 W. 2023Banker, 196 W. | 1 | 2023–2023 |
W.Va. Department of Transportation, Div. of Highways v. Douglas R. Veach
green
1 sentence2018Va. 1 , 14, 799 S.E.2d 78 , 91 (2017) (remanding for Pitrolo hearing to provide parties the opportunity to address the reasonableness of the fee award, itself). 82 Multiplex , 231 W. | 1 | 2018–2018 |
Landmark Baptist Church v. Brotherhood Mutual Insurance
green
2 sentences2013In Landmark, although we deemed the circuit court's findings to be "minimal,” id., we nonetheless upheld the circuit court’s judgment because the record demonstrated that court had thoroughly considered the Pitrolo factors in arriving at its decision. 2013In Landmark, although we deemed the circuit court's findings to be "minimal,” id., we nonetheless upheld the circuit court’s judgment because the record demonstrated that court had thoroughly considered the Pitrolo factors in arriving at its decision. | 1 | 2013–2013 |
Aetna Casualty & Surety Co. v. Pitrolo
green
2 sentences2013On appeal, the petitioners argue that the bond was not subject to forfeiture in the absence of a finding that the underlying suit was filed in bad faith; that attorney fees and expenses are not recoverable “costs” within the meaning of West Virginia Code § 53-5-9 (2008); that the petitioners were not given a fair opportunity to contest whether the attorney fees and costs were incurred by the respondent in attempting to secure a dissolution of the bond; that the petitioners were not given a fair opportunity to contest whether the fees and costs met the standards set forth in Aetna Casualty & Su 2013On appeal, the petitioners argue that the bond was not subject to forfeiture in the absence of a finding that the underlying suit was filed in bad faith; that attorney fees and expenses are not recoverable “costs” within the meaning of West Virginia Code § 53-5-9 (2008); that the petitioners were not given a fair opportunity to contest whether the attorney fees and costs were incurred by the respondent in attempting to secure a dissolution of the bond; that the petitioners were not given a fair opportunity to contest whether the fees and costs met the standards set forth in Aetna Casualty & Su | 1 | 2013–2013 |
Bishop Coal Co. v. Salyers
green
2 sentences2013See Shafer v. Kings Tire Serv., Inc., 215 W.Va. 169, 177 , 597 S.E.2d 302, 310 (2004) (“Because our abuse of discretion review is limited to analyzing whether the circuit court engaged in a proper balancing of applicable factors, we have found that a ‘circuit court is required to make findings of fact and conclusions of law on the issue of attorneys’ fees.’ ”); 19 Heldreth v. Rahimian, 219 W.Va. 462, 470 , 637 S.E.2d 359, 367 (2006) (“While the trial court’s findings relative to the fee award in this case amount to more than the summary conclusion of a specific fee award that this Court found 2013See Shafer v. Kings Tire Serv., Inc., 215 W.Va. 169, 177 , 597 S.E.2d 302, 310 (2004) (“Because our abuse of discretion review is limited to analyzing whether the circuit court engaged in a proper balancing of applicable factors, we have found that a ‘circuit court is required to make findings of fact and conclusions of law on the issue of attorneys’ fees.’ ”); 19 Heldreth v. Rahimian, 219 W.Va. 462, 470 , 637 S.E.2d 359, 367 (2006) (“While the trial court’s findings relative to the fee award in this case amount to more than the summary conclusion of a specific fee award that this Court found | 1 | 2013–2013 |
California v. Green
red
2 sentences2013In order for a circuit court to determine those facts, it must allow the parties to present evidence on their own behalf and to test their opponents’ evidence by cross-examination, ‘“the greatest legal engine ever invented for the discovery of truth[.]’ ” California v. Green, 399 U.S. 149, 158 , 90 S.Ct. 1930 , 26 L.Ed.2d 489 (1970) (citing 5 Wigmore § 1367). 2013In order for a circuit court to determine those facts, it must allow the parties to present evidence on their own behalf and to test their opponents’ evidence by cross-examination, ‘“the greatest legal engine ever invented for the discovery of truth[.]’ ” California v. Green, 399 U.S. 149, 158 , 90 S.Ct. 1930 , 26 L.Ed.2d 489 (1970) (citing 5 Wigmore § 1367). | 1 | 2013–2013 |
Statler v. Dodson
green
2 sentences1997In accord Syllabus Point 3, Statler v. Dodson, 195 W.Va. 646 , 466 S.E.2d 497 (1995); Syllabus Point 2, Jordan, supra; Ball v. Wills, 190 W.Va. 517 , 525 n. 10, 438 S.E.2d 860 , 868 n. 10 (1993)(Pitrolo factors used to determine reasonableness of attorneys’ fees in a divorce case). 1997In accord Syllabus Point 3, Statler v. Dodson, 195 W.Va. 646 , 466 S.E.2d 497 (1995); Syllabus Point 2, Jordan, supra; Ball v. Wills, 190 W.Va. 517 , 525 n. 10, 438 S.E.2d 860 , 868 n. 10 (1993)(Pitrolo factors used to determine reasonableness of attorneys’ fees in a divorce case). | 1 | 1997–1997 |
Ball v. Wills
green
2 sentences1997In accord Syllabus Point 3, Statler v. Dodson, 195 W.Va. 646 , 466 S.E.2d 497 (1995); Syllabus Point 2, Jordan, supra; Ball v. Wills, 190 W.Va. 517 , 525 n. 10, 438 S.E.2d 860 , 868 n. 10 (1993)(Pitrolo factors used to determine reasonableness of attorneys’ fees in a divorce case). 1997In accord Syllabus Point 3, Statler v. Dodson, 195 W.Va. 646 , 466 S.E.2d 497 (1995); Syllabus Point 2, Jordan, supra; Ball v. Wills, 190 W.Va. 517 , 525 n. 10, 438 S.E.2d 860 , 868 n. 10 (1993)(Pitrolo factors used to determine reasonableness of attorneys’ fees in a divorce case). | 1 | 1997–1997 |