179 W. Va. 360 - Allen v. Smith’s Empirical Analysis
1988
Citation profile
18 state decisions
How this case has been cited
Cited by 28 later decisions — most recently May 2018 · most notably 191 W. Va. 426 - Morris v. Consolidation Coal Co. (1994), 186 W. Va. 648 - Johnson v. West Virginia University Hospitals, Inc. (1991)
18 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 169 W. Va. 673 - Harless v. First National Bank in Fairmont · 197 Pa. Super. 79 - ALEXANDER v. Knight · Meyer v. Nottger · Vassiliades v. Garfinckel's, Brooks Bros. · Stempler v. Speidell
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A subpoena is issued automatically by a clerk of court upon the ex parte application of one party litigant, and although a subpoena is enforceable through the court’s power of contempt until it has been quashed by regular, in-court proceedings, a bare subpoena is not the type of binding court order contemplated by W.Va.Code, 27-3-l(b)(3) [1977] [the statute governing the release of mental health records].”
2 later decisions quote this exact passage“(a) Communications and information obtained in the course of treatment or evaluation of any client or patient shall be deemed to be “confidential information” and shall include the fact that a person is or has been a client or patient, information transmitted by a patient or client or family thereof for purposes relating to diagnosis or treatment, information transmitted by persons participating in the accomplishment of the objectives of diagnosis or treatment, all diagnoses or opinions formed regarding a client’s or patient’s physical, mental or emotional condition; any advice, instructions or prescriptions issued in the course of diag nosis or treatment, and any record or characterization of the matters herein-before described. It does not include information which does not identify a client or patient, information from which a person acquainted with a client or patient would not recognize such client or patient, and uncoded information from which there is no possible means to identify a client or patient. (b) Confidential information may be disclosed: (1) In a proceeding under section four [§ 27-5-4], article five of this chapter to disclose the results of an involuntary examination made pursuant to sections two, three [§§ 27-5-2, 27-5-3] or four, article five of this chapter; (2) In a proceeding under article six-A [§ 27-6A-1 et seq.] of this chapter to disclose the results of an involuntary examination made pursuant thereto; (3) Pursuant to an order of any court based up”
1 later decision quote this exact passage“”[T]he right to recover emotional distress in the absence of some physical injury or a subsequently developed physical injury is ordinarily predicated on some intentional wrong of the defendant. We have cases where emotional distress recovery has been permitted where the underlying cause of action involved an intentional tort.” Allen v. Smith, 179 W.Va. 360, 363 , 368 S.E.2d 924, 927 (1988).”
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.