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7 West Virginia opinions name it 2 courts 1992–2025 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 |
|---|---|---|
Aetna Casualty & Surety Co. v. Federal Insurance Co. of New Yorkgreen2 sentences2025Va. 160 , 133 S.E.2d 770 (1963) (“The summary judgment procedure provided by Rule 56 of the West Virginia Rules of Civil Procedure does not infringe upon the constitutional right of a party to a trial by jury. . . .”). 8 See n.4 supra. 11 petitioner failed to respond to CAMC’s motion for summary judgment. 2002“A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.” Syllabus Point 3, Aetna Casualty & Surety Co. v. Federal Insurance Co. of New York, 148 W.Va. 160 , 133 S.E.2d 770 (1963). | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McClung v. Marion County Commission
green
2 sentences1992Id., 360 S.E.2d at 231 . 1992Id., 360 S.E.2d at 231 . | 2 | 1992–1992 |
Shaffer v. Acme Limestone Co., Inc.
green
1 sentence2025“Our general rule is that nonjurisdictional questions . . . raised for the first time on appeal, will not be considered.” Shaffer v. Acme Limestone Co., Inc., 206 W. | 1 | 2025–2025 |
Blankenship v. Ethicon, Inc.
green
1 sentence2023Va. 700 , 656 S.E.2d 451 (2007). ii BUNN, Justice: In this original jurisdiction case, Petitioner Charleston Area Medical Center, Inc. d/b/a Women and Children’s Hospital (“CAMC”) seeks a writ prohibiting the Circuit Court of Mingo County from enforcing its order denying CAMC’s motion to dismiss the amended complaint filed by Respondents Angela and Denny Seth Lester (“the Lesters”) for failure to follow the pre-suit notice requirements set forth in the West Virginia Medical Professional Liability Act, West Virginia Code §§ 55-7B-1, et seq. (“MPLA”). | 1 | 2023–2023 |
Ricottilli v. Summersville Memorial Hospital
green
2 sentences2006Ricottilli, 188 W.Va. 674, 676 , 425 S.E.2d 629, 631 . 2006Ricottilli, 188 W.Va. 674, 676 , 425 S.E.2d 629, 631 . | 1 | 2006–2006 |
Fraternal Order of Police, Lodge No. 69 v. City of Fairmont
green
2 sentences2004As succinctly summarized in Fraternal Order of Police, Lodge No. 69 v. City of Fairmont, 196 W.Va. 97 , 100 n. 2, 468 S.E.2d 712 , 715 n. 2 (1996): The circuit court’s denial of the motion for judgment as a matter of law poses a question of law, and, therefore, this Court’s review of such a ruling is plenary. 2004As succinctly summarized in Fraternal Order of Police, Lodge No. 69 v. City of Fairmont, 196 W.Va. 97 , 100 n. 2, 468 S.E.2d 712 , 715 n. 2 (1996): The circuit court’s denial of the motion for judgment as a matter of law poses a question of law, and, therefore, this Court’s review of such a ruling is plenary. | 1 | 2004–2004 |