Topic: appellate review of a circuit court's order granting a moti… · Go Syfert
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Topic #1197

7 canonical passages across 6 cases, quoted by 218 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from State Ex Rel. McGraw v. Scott Runyan Pontiac-Buick, Inc..

#Case FlagCanonical passage Citers
1 State Ex Rel. McGraw v. Scott Runyan Pontiac-Buick, Inc. Anchor
wva · 1995
green “appellate review of a circuit court's order granting a motion to dismiss a complaint is de novo.” 127
2 Chapman v. Kane Transfer Co., Inc.
wva · 1977
green “the trial court, in appraising the sufficiency of a complaint on a rule 12(b)(6) motion, should not dismiss the complaint unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” 42
3 John W. Lodge Distributing Co. v. Texaco, Inc.
wva · 1978
green “for purposes of the motion to dismiss, the complaint is construed in the light most favorable to plaintiff, and its allegations are to be taken as true.” 14
4 Sedlock v. Moyle
wva · 2008
green “since the preference is to decide cases on their merits, courts presented with a motion to dismiss for failure to state a claim construe the complaint in the light most favorable to the plaintiff, taking all allegations as true.” 13
5 Chapman v. Kane Transfer Co., Inc.
wva · 1977
green “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” 12
6 Dimon v. Mansy
wva · 1996
green “the singular purpose of a rule 12(b)(6) motion is to seek a determination whether the plaintiff is entitled to offer evidence to support the claims made in the complaint.” 6
7 Wiggins v. Eastern Associated Coal Corp.
wva · 1987
green “on appeal of a dismissal based on granting a motion pursuant to west virginia rules of civil procedure 12(b)(6), the allegations of the complaint must be taken as true.” 4

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