6 West Virginia opinions name it 1 courts 1991–2016 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 |
|---|---|---|
Kenneth W. McElroy v. B.F. Goodrich Companygreen2 sentences2016Goodrich Co., 73 F.3d 722, 724 (7th Cir.1996). 2016Goodrich Co., 73 F.3d 722, 724 (7th Cir. 1996). | 1 | 1 |
Emcasco Insurance Company v. Edith Diedrich, Wayne Diedrich, John Diedrich, R.S. And R.S. As Guardian Ad Litem for M.S.green1 sentence2016Co. v. Diedrich, 394 F.3d at 1097-98 (imposing joint obligations under South Dakota law for an intentional acts exclusion referring to “one or more insureds,” despite the severability clause); Allstate Ins. | 1 | 1 |
Chacon v. American Family Mutual Insurance Companygreen1 sentence2016See also Chacon, 788 P.2d at 752 (preferring to give full effect to exclusions referring to "any insured," despite a severability clause, in order to respect the party’s contractual expectations and enforce the court’s contractual analysis); EMCASCO Ins. | 1 | 1 |
American Express Co. v. Italian Colors Restaurantgreen2 sentences2013See American Express Co. v. Italian Colors Rest., — U.S. -, 133 S.Ct. 2304 , 186 L.Ed.2d 417 . ' Notably, in Italian Colors, the Supreme Court expressly considered “whether a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act when the plaintiffs cost of individually arbitrating a federal statutory claim exceeds the potential recovery.” — U.S. at-, 133 S.Ct. at 2307 , 186 L.Ed.2d 417 . 13 In resolving this *360 issue, the Italian Colors Court first observed that [The FAA] reflects the overarching principle that arbitration is a matter of contract____And con 2013See American Express Co. v. Italian Colors Rest., — U.S. -, 133 S.Ct. 2304 , 186 L.Ed.2d 417 . ' Notably, in Italian Colors, the Supreme Court expressly considered “whether a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act when the plaintiffs cost of individually arbitrating a federal statutory claim exceeds the potential recovery.” — U.S. at-, 133 S.Ct. at 2307 , 186 L.Ed.2d 417 . 13 In resolving this *360 issue, the Italian Colors Court first observed that [The FAA] reflects the overarching principle that arbitration is a matter of contract____And con | 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 |
|---|---|---|
Wetzel County Savings & Loan Co. v. Stern Bros., Inc.
green
2 sentences2014The holding in syllabus point three of Wetzel County Savings & Loan Co. v. Stern Bros., Inc., 156 W.Va. 693 , 195 S.E.2d 732 (1973), and its progeny, which identifies the place where a cause of action arises in a breach of contract claim for purposes of venue selection based on the tripartite aspects of a contractual claim (formation, breach, and damages), was not impacted by the repeal of West Virginia Code § 56-1-2 in 1986. 2. 2014The holding in syllabus point three of Wetzel County Savings & Loan Co. v. Stern Bros., Inc., 156 W.Va. 693 , 195 S.E.2d 732 (1973), and its progeny, which identifies the place where a cause of action arises in a breach of contract claim for purposes of venue selection based on the tripartite aspects of a contractual claim (formation, breach, and damages), was not impacted by the repeal of West Virginia Code § 56-1-2 in 1986. 2. | 1 | 2014–2014 |
Waite v. Civil Service Commission
green
2 sentences1995"A `property interest' includes not only the traditional notions of real and personal property, but also extends to those benefits to which an individual may be deemed to have a legitimate claim of entitlement under existing rules or understandings." Syl Pt. 3, Waite v. Civil Service Commission, 161 W.Va. 154 , 241 S.E.2d 164 (1977). 16. 1995"A `property interest' includes not only the traditional notions of real and personal property, but also extends to those benefits to which an individual may be deemed to have a legitimate claim of entitlement under existing rules or understandings." Syl Pt. 3, Waite v. Civil Service Commission, 161 W.Va. 154 , 241 S.E.2d 164 (1977). 16. | 1 | 1995–1995 |
Board of Education v. W. Harley Miller, Inc.
green
2 sentences1991Harley Miller, Inc., 160 W.Va. 473 , 236 S.E.2d 439 (1977), where we set out this general rule in Syllabus Point 1: “Where parties to a contract agree to arbitrate either all disputes, or particular limited disputes arising under the contract, and where the parties bargained for the arbitration provision, such provision is binding, and specifically enforceable, and all causes of action arising under the contract which by the contract terms are made arbitrable are merged, in the absence of fraud, into the award of the arbitrators.” However, we further acknowledged that a contractual requirement 1991Harley Miller, Inc., 160 W.Va. 473 , 236 S.E.2d 439 (1977), where we set out this general rule in Syllabus Point 1: “Where parties to a contract agree to arbitrate either all disputes, or particular limited disputes arising under the contract, and where the parties bargained for the arbitration provision, such provision is binding, and specifically enforceable, and all causes of action arising under the contract which by the contract terms are made arbitrable are merged, in the absence of fraud, into the award of the arbitrators.” However, we further acknowledged that a contractual requirement | 1 | 1991–1991 |
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.