Dotson v. Sears, Roebuck & Co.’s Empirical Analysis

Citation profile

4 state decisions

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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining whether a default judgment should be entered in the face of a Rule 6(b) motion or vacated upon a Rule 60(b) motion, the trial court should consider: (1) The degree of prejudice suffered by the plaintiff from the delay in answering; (2) the presence of material issues of fact and meritorious defenses; (3) the significance of the interests at stake; and (4) the degree of intransigence on the part of the defaulting party.”

   1 later decision quote this exact passage · from the majority
   e.g. County Commission of Wood County v. Hanson

2. ““A motion to vacate a default judgment is addressed to the sound discretion of the court and the court’s ruling on such motion will not be disturbed on appeal unless there is a showing of an abuse of such discretion.” Syl. pt. 3, Intercity Realty Co. v. Gibson, 154 W.Va. 369 , 175 S.E.2d 452 (1970).”

   1 later decision quote this exact passage · from the majority
   e.g. 180 W. Va. 55 - Midkiff v. Kenney