199 W. Va. 526 - Evans v. Mutual Mining’s Empirical Analysis
1997
Citation profile
32 state decisions
How this case has been cited
Cited by 32 later decisions — most recently May 2012 · most notably 208 W. Va. 432 - State v. Nichols (1999), 203 W. Va. 246 - Short v. Appalachian OH-9, Inc. (1998)
32 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 Local 408, International Brotherhood of Teamsters v. National Labor Relations Board · 148 W. Va. 160 - Aetna Casualty & Surety Co. v. Federal Insurance Co. of New York · 192 W. Va. 189 - Painter v. Peavy · 103 S. Ct. 247 - Beneficial Finance of Kansas, Inc. v. United States · Rust v. Johnson
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.
“If the moving party makes a properly supported motion for summary judgment and can show by affirmative evidence that there is no genuine issue of a material fact, the burden of production shifts to the non-moving party who must either (1) rehabilitate the evidence attacked by the moving party, (2) produce additional evidence showing the existence of a genuine issue for trial, or (3) submit an affidavit explaining why further discovery is necessary as provided in Rule 56(f) of the West Virginia Rules of Civil Procedure.”
2 later decisions quote this exact passage“[n]ormally, opinion testimony by a lay witness is limited to opinions rationally based on the witness' perception which are helpful for a clear understanding of the witness' testimony or a determination of a fact in issue.”
1 later decision quote this exact passage“A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.”
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.