180 W. Va. 641 - Bennett v. Owens’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. “The purpose of the words ‘leave [to amend] shall be freely given when justice so requires’ in Rule 15(a) ... is to secure an adjudication on the merits of the controversy as would be secured under identical factual situations in the absence of procedural impediments; therefore, motions to amend should always be granted under Rule 15 when: (1) the amendment permits presentation of the merits of the action; (2) the adverse party is not prejudiced by the sudden assertion of the subject of the amendment; and (3) the adverse party can be given ample opportunity to meet the issue.”

   1 later decision quote this exact passage · from the majority
   e.g. 191 W. Va. 278 - Dzinglski v. Weirton Steel Corp.

2. “"An amendment to a complaint which changes only the legal theory of the action, or adds another claim arising out of the same ■ conduct, transaction or occurrence, will relate back to the filing of the original complaint, provided (1) injustice to the adverse party will ■not result from allowance of relation back, and (2) the adverse party has received adequate notice of the claim against him and has an adequate opportunity to prepare a defense to it."”

   1 later decision quote this exact passage · from the majority
   e.g. 184 W. Va. 297 - Jones v. Jones