167 W. Va. 21 - Mitchem v. Melton’s Empirical Analysis
1981
Citation profile
43 state decisions
How this case has been cited
Cited by 48 later decisions — most recently June 2019 · most notably 198 W. Va. 139 - Hutchison v. City of Huntington (1996), 208 W. Va. 144 - State v. Allen (2000)
43 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
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Bell v. Wolfish · Roe v. Wade · Ohio Bureau of Employment Services v. Hodory · Coopers & Lybrand v. Livesay · Preiser v. Rodriguez
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[T]he test for ‘impracticability’ of joining all members does not mean ‘impossibility’ but only difficulty or inconvenience of joining all members. See, footnote 7, Occidental Land, Inc. v. Superior Court, 18 Cal.3d 355 , 556 P.2d 750 , 134 Cal.Rptr. 388 (1976); 7 Wright & Miller, Federal Practice and Procedure: Civil § 1762 (1969); 35A CJ.S. Federal Civil Procedure §§ 70 and 71 (I960).’’”
3 later decisions quote this exact passage“"There is no requirement for formal court certification of the appropriateness of a class action under Rule 23 of the West Virginia Rules of Civil Procedure nor is there any requirement in our Rule 23 as there is in Rule 23(c)(4) of the Federal Rules of Civil Procedure for the use of subclasses.””
3 later decisions quote this exact passage““1. Ordinarily an action under 42 U.S.C.A. § 1983 is appropriate where complaint is made to the conditions of confinement and not its duration. “2. An action based on 42 U.S.C.A. § 1983 can be maintained in our State courts to challenge prison conditions.””
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.