beginning point analysis (West Virginia) · Go Syfert
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beginning point analysis in West Virginia

7 West Virginia opinions name it 1 courts 2002–2013 0 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.

Followed or applied (4)

CaseFollowedCited
State Ex Rel. Dunlap v. Bergergreen
wva · 2002 · cited in 6 West Virginia opinions naming this issue, 2012–2013
2 sentences

2013Dunlap v. Berger, 211 W.Va. 549 , 567 S.E.2d 265 (2002), that “[f]inding that there is an adhesion contract is the beginning point for analysis, not the end of it; what courts aim at doing is distinguishing good adhesion contracts which should be enforced from bad adhesion contracts which should not.” Id. at 557 , 567 S.E.2d at 273 .

2013Dunlap v. Berger, 211 W.Va. 549 , 567 S.E.2d 265 (2002), that “[f]inding that there is an adhesion contract is the beginning point for analysis, not the end of it; what courts aim at doing is distinguishing good adhesion contracts which should be enforced from bad adhesion contracts which should not.” Id. at 557 , 567 S.E.2d at 273 .

36
American Food Management, Inc. v. Hensongreen
illappct · 1982 · cited in 4 West Virginia opinions naming this issue, 2002–2013
2 sentences

2013Dunlap v. Berger, 211 W.Va. 549, 557 , 567 S.E.2d 265, 273 (2002) (quoting American Food Management, Inc. v. Henson, 105 Ill.App.3d 141 , 61 Ill.Dee. 122, 434 N.E.2d 59, 62-63 (1982)), cert. denied, 537 U.S. 1087 , 123 S.Ct. 695 , 154 L.Ed.2d 631 (2002).

2002Finding that there is an adhesion contract is the beginning point for analysis, not the end of it; what courts aim at doing is distinguishing good adhesion contracts which should be enforced from bad adhesion contracts which should not. 4 Id.

34
State ex rel. Johnson Controls, Inc. v. Tuckergreen
wva · 2012 · cited in 1 West Virginia opinions naming this issue, 2013–2013
2 sentences

2013Food Mgmt., Inc. v. Henson, 105 Ill.App.3d 141 , 61 Ill.Dec. 122 , 434 N.E.2d 59, 62-63 (1982)); see also Johnson Controls, 229 W.Va. at 499 , 729 S.E.2d at 821 (“while adhesion contracts are worthy of additional scrutiny, they are ‘generally enforceable because it would be impractical to void every agreement merely because of its adhesive nature.’ ” (citations omitted)).

2013Food Mgmt., Inc. v. Henson, 105 Ill.App.3d 141 , 61 Ill.Dec. 122 , 434 N.E.2d 59, 62-63 (1982)); see also Johnson Controls, 229 W.Va. at 499 , 729 S.E.2d at 821 (“while adhesion contracts are worthy of additional scrutiny, they are ‘generally enforceable because it would be impractical to void every agreement merely because of its adhesive nature.’ ” (citations omitted)).

11
Mitchell v. Broadnaxgreen
wva · 2000 · cited in 1 West Virginia opinions naming this issue, 2002–2002
2 sentences

2002The author of this opinion recently discussed contracts of adhesion in a separate *558 concurring opinion in Mitchell v. Broadnax, 208 W.Va. 36, 52 , 537 S.E.2d 882, 898 (2000) (Starcher, J., concurring): The drafters of the Restatement of Contracts Second, in their discussions regarding contracts of adhesion like an insurance policy, recognized that: A party who makes regular use of a standardized form of agreement does not ordinarily expect his customers to understand or even to read the standard terms.

2002The author of this opinion recently discussed contracts of adhesion in a separate *558 concurring opinion in Mitchell v. Broadnax, 208 W.Va. 36, 52 , 537 S.E.2d 882, 898 (2000) (Starcher, J., concurring): The drafters of the Restatement of Contracts Second, in their discussions regarding contracts of adhesion like an insurance policy, recognized that: A party who makes regular use of a standardized form of agreement does not ordinarily expect his customers to understand or even to read the standard terms.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Jinks v. Richland County, South Carolina green
scotus · 2002
2 sentences

2013Dunlap v. Berger, 211 W.Va. 549, 557 , 567 S.E.2d 265, 273 (2002) (quoting American Food Management, Inc. v. Henson, 105 Ill.App.3d 141 , 61 Ill.Dee. 122, 434 N.E.2d 59, 62-63 (1982)), cert. denied, 537 U.S. 1087 , 123 S.Ct. 695 , 154 L.Ed.2d 631 (2002).

2012Dunlap v. Berger, 211 W.Va. 549, 557 , 567 S.E.2d 265, 273 (2002) (quoting American Food Management, Inc. v. Henson, 105 Ill.App.3d 141 , 61 Ill.Dec. 122 , 434 N.E.2d 59, 62-63 (1982)), cert. denied, 537 U.S. 1087 , 123 S.Ct. 695 , 154 L.Ed.2d 631 (2002).

22012–2013
Dellinger v. Tennessee green
scotus · 2002
2 sentences

2013Dunlap v. Berger, 211 W.Va. 549, 557 , 567 S.E.2d 265, 273 (2002) (quoting American Food Management, Inc. v. Henson, 105 Ill.App.3d 141 , 61 Ill.Dee. 122, 434 N.E.2d 59, 62-63 (1982)), cert. denied, 537 U.S. 1087 , 123 S.Ct. 695 , 154 L.Ed.2d 631 (2002).

2012Dunlap v. Berger, 211 W.Va. 549, 557 , 567 S.E.2d 265, 273 (2002) (quoting American Food Management, Inc. v. Henson, 105 Ill.App.3d 141 , 61 Ill.Dec. 122 , 434 N.E.2d 59, 62-63 (1982)), cert. denied, 537 U.S. 1087 , 123 S.Ct. 695 , 154 L.Ed.2d 631 (2002).

22012–2013
University of Texas Health Science Center at San Antonio v. Siler-Khodr green
scotus · 2002
2 sentences

2013Dunlap v. Berger, 211 W.Va. 549, 557 , 567 S.E.2d 265, 273 (2002) (quoting American Food Management, Inc. v. Henson, 105 Ill.App.3d 141 , 61 Ill.Dee. 122, 434 N.E.2d 59, 62-63 (1982)), cert. denied, 537 U.S. 1087 , 123 S.Ct. 695 , 154 L.Ed.2d 631 (2002).

2012Dunlap v. Berger, 211 W.Va. 549, 557 , 567 S.E.2d 265, 273 (2002) (quoting American Food Management, Inc. v. Henson, 105 Ill.App.3d 141 , 61 Ill.Dec. 122 , 434 N.E.2d 59, 62-63 (1982)), cert. denied, 537 U.S. 1087 , 123 S.Ct. 695 , 154 L.Ed.2d 631 (2002).

22012–2013
State Ex Rel. Clites v. Clawges green
wva · 2009
2 sentences

2013Id. at 306 , 685 S.E.2d at 700 (quoting State ex rel.

2013Instead!,] courts engage in a process of judicial review[.] Finding that there is an adhesion contract is the beginning point for analysis, not the end of it; what courts aim at doing is distinguishing good adhesion contracts which should be enforced from bad adhesion contracts which should not.” Id. (quoting State ex rel.

22013–2013
State Ex Rel. Richmond American Homes of West Virginia, Inc. v. Sanders green
wva · 2011
2 sentences

2013Dunlap v. Berger, 211 W.Va. 549, 557 , 567 S.E.2d 265, 273 (2002) (internal citation omitted)); see also Brown II, 229 W.Va. at 393, 729 S.E.2d at 228; Sanders, 228 W.Va. at 137 , 717 S.E.2d at 921 .

2013Dunlap v. Berger, 211 W.Va. 549, 557 , 567 S.E.2d 265, 273 (2002) (internal citation omitted)); see also Brown II, 229 W.Va. at 393, 729 S.E.2d at 228; Sanders, 228 W.Va. at 137 , 717 S.E.2d at 921 .

12013–2013

Statutes the citing opinions construe

USC § 9u.s.c.2 (5) USC § 9u.s.c.1-307 (3)

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.

Where else courts name it

WV 7 (2002–2013) CA 5 (1978–2021) NJ 4 (1983–2003) IL 4 (1990–2015) SC 3 (2010–2013) FL 3 (1990–2012) TX 3 (1985–2016) OR 2 (1992–1994) NM 2 (2012–2012) MN 2 (1985–2012) WA 2 (1970–1971) MA 2 (2011–2013)

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.

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