7 West Virginia opinions name it 1 courts 1966–2004 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.
| Case | Followed | Cited |
|---|---|---|
United States Ex Rel. Elksnis v. Gilligangreen1 sentence1982Elksnis v. Gilligan, 256 F. Supp. 244, 254 (S.D.N.Y. 1966). *283 Given the clear wording of the rule and the focus of the discussion by the Advisory Committee, Judge Casey’s order appears to be a contravention of both the letter and the spirit of the rule. | 1 | 1 |
Employers' Liability Assurance Corp. v. Hartford Accident & Indemnity Co.green2 sentences1982The mere contention that issues are disputable is not sufficient to deter the trial court from the award of summary judgment, (citation omitted) *541 Furthermore, as we stated in Employers’ Liability Assurance Corporation v. Hartford Accident and Indemnity Company, 151 W.Va. 1062, 1079 , 158 S.E.2d 212, 221 (1967): “If a denial in a pleading should be given the effect of creating an issue a mere denial alone at any time could defeat the remedy afforded by the summary judgment proceeding.” 4 Therefore, upon a careful examination of the record, we are of the opinion that no genuine issue of fact 1982The mere contention that issues are disputable is not sufficient to deter the trial court from the award of summary judgment, (citation omitted) *541 Furthermore, as we stated in Employers’ Liability Assurance Corporation v. Hartford Accident and Indemnity Company, 151 W.Va. 1062, 1079 , 158 S.E.2d 212, 221 (1967): “If a denial in a pleading should be given the effect of creating an issue a mere denial alone at any time could defeat the remedy afforded by the summary judgment proceeding.” 4 Therefore, upon a careful examination of the record, we are of the opinion that no genuine issue of fact | 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 |
|---|---|---|
Brady v. Reiner
green
2 sentences1997The mere contention that issues are disputable is not sufficient to deter the trial court from the award of summary judgment. 157 W.Va. at 29-30 , 198 S.E.2d at 824 (citing Petros v. Relias, 146 W.Va. 619 , 122 S.E.2d 177 (1961)). 1997The mere contention that issues are disputable is not sufficient to deter the trial court from the award of summary judgment. 157 W.Va. at 29-30 , 198 S.E.2d at 824 (citing Petros v. Relias, 146 W.Va. 619 , 122 S.E.2d 177 (1961)). | 2 | 1991–1997 |
Petros v. Kellas
green
2 sentences1997The mere contention that issues are disputable is not sufficient to deter the trial court from the award of summary judgment. 157 W.Va. at 29-30 , 198 S.E.2d at 824 (citing Petros v. Relias, 146 W.Va. 619 , 122 S.E.2d 177 (1961)). 1997The mere contention that issues are disputable is not sufficient to deter the trial court from the award of summary judgment. 157 W.Va. at 29-30 , 198 S.E.2d at 824 (citing Petros v. Relias, 146 W.Va. 619 , 122 S.E.2d 177 (1961)). | 2 | 1991–1997 |
Adkins v. Foster
green
2 sentences2004We embraced the spirit of the doctrine of avoidable consequences in Adkins v. Foster, 187 W.Va. 730 , 421 S.E.2d 271 (1992), when we advised that: [Pjrudent plaintiffs counsel would seek to introduce vocational evidence in addition to medical evidence ... to assist the jury in ascertaining the extent and permanency of the plaintiffs alleged inability to engage in gainful employment. 2004We embraced the spirit of the doctrine of avoidable consequences in Adkins v. Foster, 187 W.Va. 730 , 421 S.E.2d 271 (1992), when we advised that: [Pjrudent plaintiffs counsel would seek to introduce vocational evidence in addition to medical evidence ... to assist the jury in ascertaining the extent and permanency of the plaintiffs alleged inability to engage in gainful employment. | 1 | 2004–2004 |
Analytica, Incorporated v. Npd Research, Inc., Defendant-Cross-Appellant-Cross-Appellee. Appeals of Schwartz & Freeman and Pressman and Hartunian Chtd
green
1 sentence1993Northwest Airlines, Inc. v. American Airlines Corp., — U.S. -, 113 S.Ct. 1262 , 122 L.Ed.2d 659 (1993); An- *295 alytica, Inc. v. NPD Research, Inc., 708 F.2d 1263 (7th Cir.1983); State of Ark. v. Dean Food Prods. | 1 | 1993–1993 |
In Re American Airlines, Inc., Amr Corporation
green
1 sentence1993Only in this manner can the lawyer’s duty of absolute fidelity be enforced and the spirit of the rule relating to privileged communications be maintained.” See also In re American Airlines, Inc., 972 F.2d 605 (5th Cir.1992), cert. denied sub nom. | 1 | 1993–1993 |
BMW of North America, Inc. v. Big Apple BMW, Inc.
green
1 sentence1993Northwest Airlines, Inc. v. American Airlines Corp., — U.S. -, 113 S.Ct. 1262 , 122 L.Ed.2d 659 (1993); An- *295 alytica, Inc. v. NPD Research, Inc., 708 F.2d 1263 (7th Cir.1983); State of Ark. v. Dean Food Prods. | 1 | 1993–1993 |
23 West Washington Street, Inc. v. City of Hagerstown
green
1 sentence1993Northwest Airlines, Inc. v. American Airlines Corp., — U.S. -, 113 S.Ct. 1262 , 122 L.Ed.2d 659 (1993); An- *295 alytica, Inc. v. NPD Research, Inc., 708 F.2d 1263 (7th Cir.1983); State of Ark. v. Dean Food Prods. | 1 | 1993–1993 |
State v. McDonald
green
2 sentences1966In the syllabus of State v. McDonald, 9 W.Va. 456 , this Court stated: "It is a principal cause of challenge to a juror that he was one of the grand jury which found the indictment." This legal principle has been faithfully adhered to in this state since the time of its formation. 1966In the syllabus of State v. McDonald, 9 W. | 1 | 1966–1966 |
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.