167 W. Va. 139 - Wagoner v. Gainer’s Empirical Analysis
1981
Citation profile
34 state decisions
How this case has been cited
Cited by 38 later decisions — most recently February 2014 · most notably 181 W. Va. 779 - Dadisman v. Moore (1989), 193 W. Va. 323 - Booth v. Sims (1995)
34 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 Home Building & Loan Ass'n v. Blaisdell · United States Trust Company of New York v. New Jersey · Allied Structural Steel Company v. Spannaus · United States v. Will · New Orleans Gas Co. v. Louisiana Light Co.
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'"We...conclude that the West Virginia Retirement System for Judges creates contractually vested property rights for retired and active participating plan members, and these rights are enforceable and cannot be impaired or diminished by the State." Wagoner v. Gainer, supra, 279 S.E.2d 636, 643 .”
4 later decisions quote this exact passage“1. The West Virginia Retirement System for Judges creates contractually vested property rights for retired and active participating plan members, and these rights are enforceable and cannot be impaired or diminished by the State. 3. While the Legislature has the right to make reasonable alterations to the judicial pension fund, such alterations cannot impair the benefit level where there are extant statutorily-created inequities and special unfunded benefit provisions that affect the equal application of the law or the financial integrity or cost of the pension fund.”
2 later decisions quote this exact passage“"Here the judge voluntarily agrees to enter the system and pay the contributions, he does pay, and the State agrees to pay certain retirement benefits. There is, then, legal consideration, mutuality of agreement and mutuality of obligation. A contract is made."”
2 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.