184 W. Va. 765 - Miller v. Hatton’s Empirical Analysis

Citation profile

5 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The record in this ease is bereft of opposition affidavits or other means of expressing factual controversy to appellees’ motion for summary judgment. Rule 56(c), W.Va.R.C.P. provides for a speedy determination of legal issues when the developed record discloses no genuine issue of material fact. Consonant with the spirit of the rule, this Court has previously held, upon ample supporting authority, that to successfully resist a motion for summary judgment, the party against whom it is made must present some evidence to indicate to the court that facts are in dispute, when the moving party’s evidence shows no disputed facts. The mere contention that issues are disputable is not sufficient to deter the trial court from the award of summary judgment.”

   1 later decision quote this exact passage · from the majority
   e.g. 200 W. Va. 685 - Payne's Hardware & Building Supply, Inc. v. Apple Valley Trading Co.

2. “he was responsible for the negotiation and purchase of a business automobile insurance policy. He further stated that prior to the purchase of the policy from Travelers, he had extensive discussions with the agent selling insurance on behalf of Travelers regarding the types of coverage available, the limits thereof, and the costs thereof. [He] also explained that underinsured motorist coverage was offered and stated that “after review, it was decided not to purchase said coverage.””

   1 later decision quote this exact passage · from the majority
   e.g. 219 F. Supp. 2d 885 - Ammons v. Transportation Insurance

3. “Under the provisions of Rule 56 of the West Virginia Rules of Civil Procedure, when the moving party presents depositions, interrogatories, affidavits or otherwise indicates there is no genuine issue as to any material fact, the resisting party to avoid summary judgment must present some evidence that the facts are in dispute.”

   1 later decision quote this exact passage · from the majority
   e.g. 200 W. Va. 685 - Payne's Hardware & Building Supply, Inc. v. Apple Valley Trading Co.