162 W. Va. 238 - Gavitt v. Swiger’s Empirical Analysis
1978
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently November 2001
24 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 148 W. Va. 160 - Aetna Casualty & Surety Co. v. Federal Insurance Co. of New York · Morgan Guaranty Trust Company of New York, a Banking Corporation v. Dr. Robert E. Martin · Twin City Federal Savings & Loan Ass'n v. Transamerica Insurance · 158 W. Va. 18 - Oakes v. Monongahela Power Company · Joseph H. Sharlitt and Neal E. Krucoff v. Joseph B. Gorinstein and William F. Mahoney
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.””
7 later decisions quote this exact passage“Where a court acts with great caution, assuring itself that the parties to be bound by its judgment have had an adequate opportunity to develop all of the probative facts which relate to their respective claims, the court may grant summary judgment under Rule 56, W.Va.R.C.P., sua sponte.”
1 later decision quote this exact passage“Ordinarily, in the absence of a written motion for summary judgment by one of the parties, the court is not authorized sua sponte to grant a summary judgment.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.