193 W. Va. 1 - State Ex Rel. Smith v. Maynard’s Empirical Analysis
1994
Citation profile
33 state decisions
How this case has been cited
Cited by 33 later decisions — most recently October 2014 · most notably 195 W. Va. 573 - Appalachian Power Co. v. State Tax Department (1995), 194 W. Va. 770 - State Ex Rel. McGraw v. Scott Runyan Pontiac-Buick, Inc. (1995)
33 state decisions
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 28 U.S.C. § 1404 · 45 U.S.C. § 56 (Federal Employers' Liability Act)
Relies on Gulf Oil Corporation v. Gilbert · Piper Aircraft Co. v. Reyno · Cannon v. University of Chicago · Norwood v. Kirkpatrick · American Dredging Co. v. Miller
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We believe it is necessary to answer the question whether a circuit court should exercise its discretion to transfer cases in light of our decisions interpreting W.Va. Code, 56-9-1, or whether W.Va.Code, 56-1-1 (b), has superseded and removed those cases as guiding precedents. We hold that W.Va.Code, 56 — 1—1(b), exclusively controls a transfer decision where its prerequisites have been met; namely, the forum selected is where the cause of action arose, and the defendant resides in another county and requests the case be transferred to that county. In other words, where W.Va. Code, 56 — 1—1(b), applies, its explicit provisions render inapplicable the doctrine of forum non conveniens. As a consequence, to the extent that the West Virginia doctrine of forum non conveniens has survived this new statutory enactment, it applies only where W.Va.Code, 56-1-1(b), does not apply.” 193 W.Va. at 7, 454 S.E.2d at 52.”
1 later decision quote this exact passage““In determining whether to grant a rule to show cause in prohibition when a court is not acting in excess of its jurisdiction, this Court will look to the adequacy of other available remedies such as appeal and to the over-all economy of effort and money among litigants, lawyers and courts; however, this Court will use prohibition in this discretionary way to correct only substantial, clear-cut, legal errors plainly in contravention of a clear statutory, constitutional, or common law mandate which may be resolved independently of any disputed facts and only in cases where there is a high probability that the trial will be completely reversed if the error is not corrected in advance.””
1 later decision quote this exact passage““W.Va.Code, 56-1-1, was enacted after our decision in Hinkle, 164 W.Va. 112 , 262 S.E.2d 744 (1979). Without giving 28 U.S.C. § 1404 the analysis we give it in this opinion, we adopted the doctrine of forum non conveniens in note 13 of Hinkle, 164 W.Va. at 124 , 262 S.E.2d at 751 . We may ‘assume that our elected representatives ... know the law.’ Cannon v. University of Chicago, 441 U.S. 677, 696-97 , 99 S.Ct. 1946, 1957-58 , 60 L.Ed.2d 560, 575-76 (1979). Thus, it is logical that the West Virginia legislature was fully aware of this Court’s formulation of the forum non conveniens doctrine and, in its wisdom, chose to revise it.” 193 W.Va. at 8, 454 S.E.2d at 53. (Footnote omitted).”
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.