6 West Virginia opinions name it 1 courts 1996–2009 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 |
|---|---|---|
Nynex Corp. v. Discon, Inc.green2 sentences2009See NYNEX Corp. v. Discon, Inc., 525 U.S. 128, 135 , 119 S.Ct. 493 , 142 L.Ed.2d 510 (1998) (stating that antitrust plaintiff must prove that defendant’s conduct caused anticompetitive harm “not just to a single competitor, but to the competitive process, i.e., to competition itself’). 2009See NYNEX Corp. v. Discon, Inc., 525 U.S. 128, 135 , 119 S.Ct. 493 , 142 L.Ed.2d 510 (1998) (stating that antitrust plaintiff must prove that defendant’s conduct caused anticompetitive harm “not just to a single competitor, but to the competitive process, i.e., to competition itself’). | 1 | 1 |
Booker v. Foosegreen2 sentences2005Concerning our nuisance law, we have recognized that "[t]he crux of a nuisance case is unreasonable land use." Booker v. Foose, 216 W.Va. 727, 730 , 613 S.E.2d 94, 97 (2005), quoting Frank v. Environmental Sanitation Management, Inc., 687 S.W.2d 876, 880 (Mo.1985). 2005Concerning our nuisance law, we have recognized that "[t]he crux of a nuisance case is unreasonable land use." Booker v. Foose, 216 W.Va. 727, 730 , 613 S.E.2d 94, 97 (2005), quoting Frank v. Environmental Sanitation Management, Inc., 687 S.W.2d 876, 880 (Mo.1985). | 1 | 1 |
Frank v. Environmental Sanitation Management, Inc.green2 sentences2005Concerning our nuisance law, we have recognized that "[t]he crux of a nuisance case is unreasonable land use." Booker v. Foose, 216 W.Va. 727, 730 , 613 S.E.2d 94, 97 (2005), quoting Frank v. Environmental Sanitation Management, Inc., 687 S.W.2d 876, 880 (Mo.1985). 2005Concerning our nuisance law, we have recognized that “[t]he crux of a nuisance case is unreasonable land use.” Booker v. Foose, 216 W.Va. 727, 730 , 613 S.E.2d 94, 97 (2005), quoting Frank v. Environmental Sanitation Management, Inc., 687 S.W.2d 876, 880 (Mo.1985). | 1 | 1 |
Rosier v. Garron, Inc.green1 sentence1996See Rosier v. Garron, Inc., 156 W.Va. 861 , 199 S.E.2d 50 (1973) (finding that a foreign administratrix lacked the capacity to sue under W. | 1 | 1 |
Rosier v. Garron, Inc.green1 sentence1996See Rosier v. Garron, Inc., 156 W.Va. 861 , 199 S.E.2d 50 (1973) (finding that a foreign administratrix lacked the capacity to sue under W. | 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 |
|---|---|---|
Hutchison v. City of Huntington
green
2 sentences2005In Hutchison v. City of Huntington, 198 W.Va. 139 , 479 S.E.2d 649 (1996), this Court emphasized the enhanced burden upon a plaintiff in certain types of eases, explaining that “in civil actions where immunities are implicated, the trial court must insist on heightened pleading by the plaintiff.” 198 W.Va. at 149 , 479 S.E.2d at 659 . 2005In Hutchison v. City of Huntington, 198 W.Va. 139 , 479 S.E.2d 649 (1996), this Court emphasized the enhanced burden upon a plaintiff in certain types of eases, explaining that “in civil actions where immunities are implicated, the trial court must insist on heightened pleading by the plaintiff.” 198 W.Va. at 149 , 479 S.E.2d at 659 . | 1 | 2005–2005 |
Deel v. Sweeney
green
2 sentences2001Furthermore, on appeal, a powerful tool of advocacy is to suggest, with appropriate legal support, how this Court should phrase syllabus points. [2] A reading of this statute raises the obvious question: if an insurance company must offer un- and under-insured motorist coverage and the price for that coverage on a simple-to-read form, in writing, then why can't an insurance company also describe policy exclusions and their effect on the price of coverage on a simple-to-read form, in writing? [3] See Deel, 181 W.Va. at 463 , 383 S.E.2d at 95 , where the Court misquoted the statute in the follow 2001Furthermore, on appeal, a powerful tool of advocacy is to suggest, with appropriate legal support, how this Court should phrase syllabus points. [2] A reading of this statute raises the obvious question: if an insurance company must offer un- and under-insured motorist coverage and the price for that coverage on a simple-to-read form, in writing, then why can't an insurance company also describe policy exclusions and their effect on the price of coverage on a simple-to-read form, in writing? [3] See Deel, 181 W.Va. at 463 , 383 S.E.2d at 95 , where the Court misquoted the statute in the follow | 1 | 2001–2001 |
Cart v. Marcum
green
2 sentences1999The parties basically agree that a two-year statute of limitations applies in this case. 5 “Generally, a cause of action accrues (i.e., the statute of limitations begins to run) when a tort occurs; under the ‘discovery rule,’ the statute of limitations is tolled until a claimant knows or by reasonable diligence should know of his claim.” Syllabus Point 1, Cart v. Marcum, 188 W.Va. 241 , 423 S.E.2d 644 (1992). 1999The parties basically agree that a two-year statute of limitations applies in this case. 5 “Generally, a cause of action accrues (i.e., the statute of limitations begins to run) when a tort occurs; under the ‘discovery rule,’ the statute of limitations is tolled until a claimant knows or by reasonable diligence should know of his claim.” Syllabus Point 1, Cart v. Marcum, 188 W.Va. 241 , 423 S.E.2d 644 (1992). | 1 | 1999–1999 |
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.