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← 184 W. Va. 212 - Sattler v. Bailey

184 W. Va. 212 - Sattler v. Bailey’s Empirical Analysis

1990

Citation profile

65
cited by 65 later decisions
8
states following
August 2017
most recently cited

4 federal appellate · 50 state decisions

How this case has been cited

Cited by 65 later decisions — most recently August 2017 · most notably 7 Cal. 4th 926 - Bernson v. Browning-Ferris Industries of California, Inc. (1994), 186 W. Va. 336 - Randall v. Fairmont City Police Department (1991)

4 federal appellate · 50 state decisions

380199020002010decided

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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on United Mine Workers of America v. Gibbs · Carnegie-Mellon University v. Cohill · Local 408, International Brotherhood of Teamsters v. National Labor Relations Board · Russell v. United States · Kelly v. United States

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

  1. “An adjudication by a court having jurisdiction of the subject-matter and the parties is final and conclusive, not only as to the matters actually determined, but as to every other matter which the parties might have litigated as incident thereto and coming within the legitimate purview of the subject-matter of the action. It is not essential that the matter should have been formally put in issue in a former suit, but it is sufficient that the status of the suit was such that the parties might have had the matter disposed of on its merits. An erroneous ruling of the court will not prevent the matter from being res judicata.”
    4 later decisions quote this exact passage
  2. ““This Court agrees with these comments in Richards v. Mileski, 662 F.2d 65 [, 73] (D.C.Cir.1981): ‘There is an inherent problem in using a motion to dismiss for purposes of raising a statute of limitations defense. Although it is true that a complaint sometimes discloses such defects on its face, it is more likely that the plaintiff can raise factual setoffs to such an affirmative defense. The filing of an answer, raising the statute of limitations, allows both parties to make a record adequate to measure the applicability of such a defense, to the benefit of both the trial court and any reviewing tribunal. We do not hold that the use of a motion to dismiss is always improper to raise a statute of limitations defense, but we do suggest that a responding party often imposes an undue burden on the trial court and impedes the orderly administration of the lawsuit when he relies on a motion to dismiss to raise such an affirmative defense.’ ””
    1 later decision quote this exact passage
  3. “The statute of limitations in a tort action begins to run ordinarily from the date of the injury, and the mere lack of knowledge of the actionable wrong ordinarily does not suspend the running of the statute of limitations, nor does the silence of the wrongdoer, unless he or she has done something to prevent discovery of the wrong.”
    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.