164 W. Va. 241 - Masinter v. Webco Co.’s Empirical Analysis
1980
Citation profile
2 district · 155 state decisions
How this case has been cited
Cited by 169 later decisions — most recently April 2018 · most notably 192 W. Va. 189 - Painter v. Peavy (1994), 194 W. Va. 52 - Williams v. Precision Coil, Inc. (1995)
2 district · 155 state decisions — followed in 11 states
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 · Southern Pac Co v. Bogert · National Airlines, Inc. v. Stiles · Wilkes v. Springside Nursing Home, Inc. · Baker v. Commercial Body Builders, Inc.
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 169 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In complex cases, the tendency on a summary judgment motion is to rely on the facts developed through discovery as constituting all of the relevant facts in the case. This may lead to inaccurate factual assessment. A party may often undertake very little discovery or limit the discovery to certain critical areas with the knowledge that he has the requisite proof available without the necessity of any further discovery. Frequently, discovery depositions of the parties or their key witnesses do not reflect all relevant facts. This is because these depositions are taken by adverse counsel and the deponents do not care to volunteer information and, therefore, they give limited answers to the questions. While discovery procedures are useful to develop the facts of the case, there is no requirement that all facts must be developed through discovery, and certainly no grounds for the assumptions that they have been developed by discovery.””
5 later decisions quote this exact passage““Even if the trial judge is of the opinion to direct a verdict, he should nevertheless ordinarily hear evidence and, upon a trial, direct a verdict rather than try the case in advance on a motion for summary judgment.””
4 later decisions quote this exact passage“[w]hile the officers and directors of a business corporation are accorded a rather broad latitude in the conduct of the affairs of the corporation, they occupy a fiduciary relationship toward it and its shareholders. The same fiduciary relationship exists on the part of the majority shareholders of a business corporation toward its minority shareholders.”
3 later decisions 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.