indicated claim (West Virginia) · Go Syfert
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indicated claim in West Virginia

7 West Virginia opinions name it 1 courts 1973–2026 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.

Followed or applied (1)

CaseFollowedCited
National Labor Relations Board v. Oakes Machine Corporationgreen
ca2 · 1990 · cited in 1 West Virginia opinions naming this issue, 2007–2007
2 sentences

2007In Oakes Machine, the Court indicated that an exception to the statutorily imposed exclusion of supervisors from the protection of the National Labor Relations Act is that an employer may not discharge a supervisor in retaliation for his testimony or his threat to testify in NLRB proceedings. 897 F.2d at 92.

2007In Oakes Machine, the Court indicated that an exception to the statutorily imposed exclusion of supervisors from the protection of the National Labor Relations Act is that an employer may not discharge a supervisor in retaliation for his testimony or his threat to testify in NLRB proceedings. 897 F.2d at 92. [1] Syllabus Point 6, Harless, supra, "One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm."

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 (6)

CaseCitedYears
State v. Haid green
wva · 2011
2 sentences

2026In upholding the circuit court’s denial of the petitioner’s request to 4 supplement the instruction with language regarding the victim’s credibility, this Court indicated that the instruction “more than adequately and properly instructed on credibility as well as the burden of proof borne by the State within the entire charge, not just by this one instruction.” Id. at 522 , 721 S.E.2d at 541 .

2026In upholding the circuit court’s denial of the petitioner’s request to 4 supplement the instruction with language regarding the victim’s credibility, this Court indicated that the instruction “more than adequately and properly instructed on credibility as well as the burden of proof borne by the State within the entire charge, not just by this one instruction.” Id. at 522 , 721 S.E.2d at 541 .

12026–2026
Burgess v. Porterfield green
wva · 1996
2 sentences

2000STANDARD OF REVIEW In Burgess v. Porterfield, 196 W.Va. 178 , 469 S.E.2d 114 (1996), this Court indicated that a challenge to a trial court’s determination that a plaintiff has or has not “substantially prevailed” in a case such as the one presently before the Court, should be reviewed by this Court under an abuse of discretion standard.

2000STANDARD OF REVIEW In Burgess v. Porterfield, 196 W.Va. 178 , 469 S.E.2d 114 (1996), this Court indicated that a challenge to a trial court’s determination that a plaintiff has or has not “substantially prevailed” in a case such as the one presently before the Court, should be reviewed by this Court under an abuse of discretion standard.

12000–2000
Solid Waste Services of West Virginia v. Public Service Commission green
wva · 1992
2 sentences

1993In the second case, Solid Waste Services v. Public Service Commission and Halt Out of State Garbage, 188 W.Va. 117 , 422 S.E.2d 839 (1992), the Court indicated that the inquiry should include the proposed transferee’s-financial ability, experience, equipment, and ability to obtain liability insurance.

1993In the second case, Solid Waste Services v. Public Service Commission and Halt Out of State Garbage, 188 W.Va. 117 , 422 S.E.2d 839 (1992), the Court indicated that the inquiry should include the proposed transferee’s-financial ability, experience, equipment, and ability to obtain liability insurance.

11993–1993
State v. Peacher green
wva · 1981
2 sentences

1992In the later case of State v. Peacher, 167 W.Va. 540 , 280 S.E.2d 559 (1981), the Court indicated that the factors set out by the ABA Advisory Committee were relevant considerations in determining whether a defendant should be tried while under physical restraint.

1992In the later case of State v. Peacher, 167 W.Va. 540 , 280 S.E.2d 559 (1981), the Court indicated that the factors set out by the ABA Advisory Committee were relevant considerations in determining whether a defendant should be tried while under physical restraint.

11992–1992
Taylor v. Illinois green
scotus · 1988
2 sentences

1991The Court indicated that the claim that the client should not be held accountable for his lawyer’s misconduct “strikes at the heart of the attorney-client relationship.” Id. at 417 , 108 S.Ct. at 657 .

1991The Court indicated that the claim that the client should not be held accountable for his lawyer’s misconduct “strikes at the heart of the attorney-client relationship.” Id. at 417 , 108 S.Ct. at 657 .

11991–1991
Goller v. White green
wis · 1963
2 sentences

1973Goller v. White, supra at 413 , 122 N.W.2d at 198 .

1973Goller v. White, supra at 413 , 122 N.W.2d at 198 .

11973–1973

Where else courts name it

NY 31 (1922–2024) CA 26 (1966–2024) MI 15 (1969–2023) IL 15 (1966–2007) NJ 13 (1959–2025) PA 12 (1963–2022) TX 11 (1914–2017) OR 10 (1963–2020) FL 9 (1966–2019) WA 8 (1954–2013) OH 7 (1998–2023) WV 7 (1973–2026) KS 7 (1905–2014) DC 6 (1984–2024) AL 5 (1910–2025) MO 5 (1961–2000) MD 4 (1985–1989) LA 4 (1969–1994) AZ 4 (1969–1990) VA 4 (1974–2013) IN 4 (1981–2015) CT 4 (1996–2008) WI 4 (1975–1997) NC 3 (1978–2004) VT 3 (1983–2023) ND 3 (1969–2006) IA 3 (1982–2022) MA 2 (1980–2000) ID 2 (2003–2012) NE 2 (2002–2004)

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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