7 West Virginia opinions name it 1 courts 1981–2022 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 |
|---|---|---|
Oakes v. Oxygen Therapy Servicesgreen2 sentences2022Va. 543, 544 , 363 S.E.2d 130, 131 (1987). 28 Id. 29 Id. 9 law, and he had received benefits in Maryland. 30 Oakes explicitly distinguished the complex circumstances of that case from the “clear-cut cases of physical injury” to which the lex loci delicti rule has generally been applied. 31 Here, Petitioners were injured in West Virginia; while the entrustments occurred in other states, EAN and Mr. Jesurum have not offered a compelling argument why the traditional choice of law rule should not apply to Petitioners’ negligence-based claims. 2022Va. 543, 544 , 363 S.E.2d 130, 131 (1987). 28 Id. 29 Id. 9 law, and he had received benefits in Maryland. 30 Oakes explicitly distinguished the complex circumstances of that case from the “clear-cut cases of physical injury” to which the lex loci delicti rule has generally been applied. 31 Here, Petitioners were injured in West Virginia; while the entrustments occurred in other states, EAN and Mr. Jesurum have not offered a compelling argument why the traditional choice of law rule should not apply to Petitioners’ negligence-based claims. | 1 | 1 |
Vest v. St. Albans Psychiatric Hospital, Inc.green1 sentence2022Va. 228, 229 , 387 S.E.2d 282, 283 (1989) (“In tort cases, West Virginia courts apply the traditional choice-of-law rule, lex loci delicti; that is, the substantive rights between the parties are determined by the law of the place of injury.”) (citation omitted). | 1 | 1 |
Louis Hoffman v. Allan N. Gobermangreen2 sentences2016In short, “the mere fact that the court is called upon to determine- and apply foreign law does not present a legal problem of the sort which would justify the dismissal of a ease otherwise properly before the court.” Hoffman v. Goberman, 420 F.2d 423, 427 (3d Cir.1970) (footnote omitted). 2016In short, “the mere fact that the court is called upon to determine and apply foreign law does not present a legal problem of the sort which would justify the dismissal of a case otherwise properly before the court.” Hoffman v. Goberman, 420 F.2d 423, 427 (3d Cir. 1970) (footnote omitted). | 1 | 1 |
Pocahontas Mining Co. v. Oxy USA, Inc.green2 sentences2008Partnership v. Oxy USA, Inc., 202 W.Va. 169, 175 , 503 S.E.2d 258, 264 (1998). [3] The issue before the Court in Keyser was a choice of law clause rather than a forum selection clause. [4] The entire test of footnote two in Keyser reads as follows: We have had occasion, however, to discuss, indirectly, forum selection clauses. 2008Partnership v. Oxy USA, Inc., 202 W.Va. 169, 175 , 503 S.E.2d 258, 264 (1998). [3] The issue before the Court in Keyser was a choice of law clause rather than a forum selection clause. [4] The entire test of footnote two in Keyser reads as follows: We have had occasion, however, to discuss, indirectly, forum selection clauses. | 1 | 1 |
Wellmore Coal Corp. v. Harman Mining Corp.green2 sentences2008See Wellmore Coal Corp. v. Harman Mining Corp., 264 Va. 279 , 568 S.E.2d 671 (2002). [6] Specific supporting examples found in the majority opinion include: "[T]he circuit court erred in denying a motion to dismiss ... based upon the existence of a forum-selection clause contained in a contract that directly related to the conflict giving rise to the instant lawsuit." Op. at 229; "All of the injuries alleged in connection with the three aforementioned tort claims flow directly from Wellmore's declaration of force majeure, an event that is inextricably connected to the 1997 CSA." Id. at 241; "W 2008See Wellmore Coal Corp. v. Harman Mining Corp., 264 Va. 279 , 568 S.E.2d 671 (2002). [6] Specific supporting examples found in the majority opinion include: "[T]he circuit court erred in denying a motion to dismiss ... based upon the existence of a forum-selection clause contained in a contract that directly related to the conflict giving rise to the instant lawsuit." Op. at 229; "All of the injuries alleged in connection with the three aforementioned tort claims flow directly from Wellmore's declaration of force majeure, an event that is inextricably connected to the 1997 CSA." Id. at 241; "W | 1 | 1 |
Bryan v. Massachusetts Mutual Life Insurancegreen2 sentences1994Similarly, in Bryan v. Massachusetts Mutual Life Insurance Co., 178 W.Va. 773, 777 , 364 S.E.2d 786, 790 (1987), we upheld a choice of law clause which stated: “‘Interpretation — This contract shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts.’” In upholding the provision, we relied upon General *201 Electric Co. v. Keyser, 166 W.Va. 466 , 275 S.E.2d 289 (1981), modified on other grounds, Lee v. Saliga, 179 W.Va. 762 , 373 S.E.2d 345 (1988), where we stated in Syllabus Point 1 that “[a] choice of law provision in a contract will not be given effect when the 1994Similarly, in Bryan v. Massachusetts Mutual Life Insurance Co., 178 W.Va. 773, 777 , 364 S.E.2d 786, 790 (1987), we upheld a choice of law clause which stated: “‘Interpretation — This contract shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts.’” In upholding the provision, we relied upon General *201 Electric Co. v. Keyser, 166 W.Va. 466 , 275 S.E.2d 289 (1981), modified on other grounds, Lee v. Saliga, 179 W.Va. 762 , 373 S.E.2d 345 (1988), where we stated in Syllabus Point 1 that “[a] choice of law provision in a contract will not be given effect when the | 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 |
|---|---|---|
General Electric Co. v. Keyser
green
2 sentences2009Id. at 461 n. 2, 275 S.E.2d at 292 n. 2. 1994Similarly, in Bryan v. Massachusetts Mutual Life Insurance Co., 178 W.Va. 773, 777 , 364 S.E.2d 786, 790 (1987), we upheld a choice of law clause which stated: “‘Interpretation — This contract shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts.’” In upholding the provision, we relied upon General *201 Electric Co. v. Keyser, 166 W.Va. 466 , 275 S.E.2d 289 (1981), modified on other grounds, Lee v. Saliga, 179 W.Va. 762 , 373 S.E.2d 345 (1988), where we stated in Syllabus Point 1 that “[a] choice of law provision in a contract will not be given effect when the | 2 | 1994–2009 |
Lee v. Saliga
green
2 sentences1994Similarly, in Bryan v. Massachusetts Mutual Life Insurance Co., 178 W.Va. 773, 777 , 364 S.E.2d 786, 790 (1987), we upheld a choice of law clause which stated: “‘Interpretation — This contract shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts.’” In upholding the provision, we relied upon General *201 Electric Co. v. Keyser, 166 W.Va. 466 , 275 S.E.2d 289 (1981), modified on other grounds, Lee v. Saliga, 179 W.Va. 762 , 373 S.E.2d 345 (1988), where we stated in Syllabus Point 1 that “[a] choice of law provision in a contract will not be given effect when the 1994Similarly, in Bryan v. Massachusetts Mutual Life Insurance Co., 178 W.Va. 773, 777 , 364 S.E.2d 786, 790 (1987), we upheld a choice of law clause which stated: “‘Interpretation — This contract shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts.’” In upholding the provision, we relied upon General *201 Electric Co. v. Keyser, 166 W.Va. 466 , 275 S.E.2d 289 (1981), modified on other grounds, Lee v. Saliga, 179 W.Va. 762 , 373 S.E.2d 345 (1988), where we stated in Syllabus Point 1 that “[a] choice of law provision in a contract will not be given effect when the | 1 | 1994–1994 |
Paul v. National Life
green
2 sentences1989Paul v. National Life, 177 W.Va. 427 , 352 S.E.2d 550 (1986). 1989Paul v. National Life, 177 W.Va. 427 , 352 S.E.2d 550 (1986). | 1 | 1989–1989 |
Equilease Corp. v. Belk Hotel Corp.
green
1 sentence1981App. 436 , 256 S.E.2d 836 (1979), noted that although the prevailing view is to give effect to a choice of law clause even where the security is located elsewhere, traditional property law requires that a security instrument be governed by the law of the situs of the property. | 1 | 1981–1981 |
Angelo v. Rodman Trust, Inc.
neutral
1 sentence1981Thus it appears that we should not per se invalidate a choice of law clause without analysis anymore than we should invalidate a choice of forum clause without careful scrutiny. 3 Section 187(2) of the Restatement provides in pertinent part as follows: “The law of the state chosen by the parties to govern their contractual rights and duties will be applied * * * unless either, a) the chosen state has no substantial relationship to the parties or transaction and there is no other reasonable basis for the parties’ choice, or b) application of the law of the chosen state would be contrary to a fu | 1 | 1981–1981 |
Snodgrass v. SISSON'S MOBILE HOME SALES
green
1 sentence1981Va. 408 , 244 S.E.2d 321 (1978); Lynch v. Bank, 22 W. | 1 | 1981–1981 |
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.
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.