CDS, Inc. v. Camper’s Empirical Analysis
1993
Citation profile
4 state decisions
Relationships
Relies on Anderson v. City of Bessemer City · 172 W. Va. 627 - Shepherdstown Volunteer Fire Dept. v. State Ex Rel. State Human Rights Commission · 179 W. Va. 53 - Frank's Shoe Store v. West Virginia Human Rights Commission · 126 W. Va. 21 - Brackman's, Inc. v. City of Huntington · 189 W. Va. 314 - Morris Memorial Convalescent Nursing Home, Inc. v. West Virginia Human Rights Commission
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.
“Upon judicial review of a contested ease under the West Virginia Administrative Procedure Act, Chapter 29A, Article 5, Section 4(g), the circuit court may affirm the order or decision of the agency or remand the case for further proceedings. The circuit court shall reverse, vacate or modify the order or decision of the agency if the substantial rights of the petitioner or petitioners have been prejudiced because the administrative findings, inferences, conclusions, decisions or order are: ‘(1) In violation of constitutional or statutory provisions; or (2) In excess of the statutory authority or jurisdiction of the agency; or (3) Made upon unlawful procedures; or (4) Affected by other error of law; or (5) Clearly wrong in view of the reliable, probative and substantial evidence on the whole record, or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.’”
1 later decision quote this exact passage · from the majority“`[A] reviewing court must evaluate the record of the agency's proceeding to determine whether there is evidence on the record as a whole to support the agency's decision. The evaluation is conducted pursuant to the administrative body's findings of fact, regardless of whether the court would have reached a different conclusion on the same facts. (Citation omitted.)'”
1 later decision quote this exact passage · from the majority
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.