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8 West Virginia opinions name it 2 courts 1929–2024 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 |
|---|---|---|
Brown Ex Rel. Brown v. Genesis Healthcaregreen2 sentences2013This Court set forth the guidelines for determining substantive un-conscionability in syllabus point nineteen of Brown I, 228 W.Va. at 658, 724 S.E.2d at 262 : Substantive unconseionability involves unfairness in the contract itself and whether a contract term is one-sided and will have an overly harsh effect on the disadvantaged party. 2013This Court set forth the guidelines for determining substantive un-conscionability in syllabus point nineteen of Brown I, 228 W.Va. at 658, 724 S.E.2d at 262 : Substantive unconseionability involves unfairness in the contract itself and whether a contract term is one-sided and will have an overly harsh effect on the disadvantaged party. | 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 |
|---|---|---|
SER Ford Motor Co. v. Hon. David W. Nibert, Judge
green
2 sentences2020Ford Motor Co. v. Nibert, 235 W.Va. 235 , 773 S.E.2d 1 (2015).”). 10 the circuit court’s conclusions, we focus mainly on the second part of the test—whether the exercise of jurisdiction over the Blues is consistent with federal due process.10 In reviewing whether the exercise of jurisdiction over the Blues is consistent with federal due process, we begin by noting that [t]he Due Process Clause of the Fourteenth Amendment to the United States Constitution operates to limit the jurisdiction of a state court to enter a judgment affecting the rights or interests of a nonresident defendant. 2020Ford Motor Co. v. Nibert, 235 W.Va. 235 , 773 S.E.2d 1 (2015).”). 10 the circuit court’s conclusions, we focus mainly on the second part of the test—whether the exercise of jurisdiction over the Blues is consistent with federal due process.10 In reviewing whether the exercise of jurisdiction over the Blues is consistent with federal due process, we begin by noting that [t]he Due Process Clause of the Fourteenth Amendment to the United States Constitution operates to limit the jurisdiction of a state court to enter a judgment affecting the rights or interests of a nonresident defendant. | 2 | 2020–2020 |
Charleston Gazette v. Smithers
green
1 sentence2024As the Supreme Court of Appeals of West Virginia has emphasized, the “dissemination of public information by the press is an important cornerstone of a vivacious democracy.” Smithers, 232 W. | 1 | 2024–2024 |
Transphase Systems, Inc. v. Southern California Edison Co.
green
1 sentence2021The Court then described the second part of the test, “[o]nly if challenged litigation is objectively meritless may a court examine the litigant’s subjective motivation.” Id. | 1 | 2021–2021 |
State v. Miller
green
2 sentences2013Moreover, under any allegation of ineffective assistance of counsel here, the second part of the test of State v. Miller, 194 W.Va. 3 , 459 S.E.2d 114 (1995), petitioner cannot meet his burden that the outcome of this matter would 1 It appears there was an error on the judge’s signature page, as it shows an entered date of July 16, 2010. 2013Moreover, under any allegation of ineffective assistance of counsel here, the second part of the test of State v. Miller, 194 W.Va. 3 , 459 S.E.2d 114 (1995), petitioner cannot meet his burden that the outcome of this matter would 1 It appears there was an error on the judge’s signature page, as it shows an entered date of July 16, 2010. | 1 | 2013–2013 |
cluster 549761
green
2 sentences1993To bolster this conclusion, the Department states that “the maintenance of local' and county roads is an issue on which state government and its governor is judged[”] and that road maintenance “has, and will continue to be, a political issue in the gubernatorial campaigns.” Having satisfied the first part of the First Circuit inquiry, the Department proceeds to address the second part of the test which requires an examination of “the particular responsibilities of the position to determine whether it resembles a policymaker, a privy to confidential information, a communicator, or some other of 1993To bolster this conclusion, the Department states that "the maintenance of local and county roads is an issue on which state government and its governor is judged["] and that road maintenance "has, and will continue to be, a political issue in the gubernatorial campaigns." Having satisfied the first part of the First Circuit inquiry, the Department proceeds to address the second part of the test which requires an examination of "the particular responsibilities of the position to determine whether it resembles a policymaker, a privy to confidential information, a communicator, or some other off | 1 | 1993–1993 |
State v. Abbott
neutral
1 sentence1929A similar instruction was approved in State v. Abbott, 64 W. | 1 | 1929–1929 |
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.