193 W. Va. 9 - Capper v. Gates’s Empirical Analysis
1994
Citation profile
26 state decisions
How this case has been cited
Cited by 32 later decisions — most recently April 2018 · most notably 208 W. Va. 486 - Aikens v. Debow (2001), 194 W. Va. 643 - Tanner v. Rite Aid of West Virginia, Inc. (1995)
26 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
Relies on TXO Production Corp. v. Alliance Resources Corp. · Vaughan v. First National Bank of Shamrock · 169 W. Va. 673 - Harless v. First National Bank in Fairmont · 171 W. Va. 445 - Nelson v. West Virginia Public Employees Insurance Board · 167 W. Va. 272 - Lengyel v. Lint
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘Courts must not set aside jury verdicts as excessive unless they are monstrous, enormous, at first blush beyond all measure, unreasonable, outrageous, and manifestly show jury passion, partiality, prejudice or corruption.’ Syl.Pt., Addair v. Majestic Petroleum Co., Inc., 160 W.Va. 105 , 232 S.E.2d 821 (1977).” Syl. pt. 5, Roberts v. Stevens Clinic Hosp. Inc., 176 W.Va. 492 , 345 S.E.2d 791 (1986).”
1 later decision quote this exact passage“(1) that the act claimed to be fraudulent was [an] act of the defendant or induced by him; (2) that it was material and false; that plaintiff relied upon it and was justified under the circumstances in relying upon it; and (3) that he was damaged because he relied upon it.”
1 later decision quote this exact passage“‘Where it can be shown by clear and convincing evidence that a defendant has engaged in fraudulent conduct which has injured a plaintiff, recovery of reasonable attorney’s fees may be obtained in addition to the damages sustained as a result of the fraudulent conduct.””
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.