183 W. Va. 485 - Beard v. Beckley Coal Mining Co.’s Empirical Analysis

Citation profile

10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““3. A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law. * * * * * * “5. The question to be decided on a motion for summary judgment is whether there is a genuine issue of fact and not how that issue should be determined.””

   2 later decisions quote this exact passage · from the majority
   e.g. 186 W. Va. 501 - Pasquale v. Ohio Power Co. · 186 W. Va. 153 - Hays and Co. v. Ancro Oil & Gas, Inc.

2. “The question on a motion for summary judgment is not, ... whether the plaintiff has met the burden of proof on material aspects of his claim. It is, rather, whether a material issue of fact exists on the basis of the factual record developed to that date. The burden on a motion for summary judgment is not upon the non-moving party to show that he has developed facts which would allow him to prevail if his cause was submitted to a jury. The burden is on the moving party to show that there is no genuine issue as to any material fact in the case----”

   1 later decision quote this exact passage · from the majority
   e.g. 822 F. Supp. 327 - Smith v. Monsanto Co.