205 W. Va. 519 - DeVane v. Kennedy’s Empirical Analysis
1999
Citation profile
2 federal appellate · 90 state decisions
How this case has been cited
Cited by 96 later decisions — most recently June 2017 · most notably 208 W. Va. 144 - State v. Allen (2000), 206 W. Va. 51 - Daily Gazette Co. v. West Virginia Development Office (1999)
2 federal appellate · 90 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 194 W. Va. 138 - Chrystal R.M. v. Charlie A.L. · 159 W. Va. 108 - Smith v. State Workmen's Compensation Commissioner · 195 W. Va. 573 - Appalachian Power Co. v. State Tax Department · 135 W. Va. 877 - State v. Epperly · 201 W. Va. 108 - Walker v. West Virginia Ethics 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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[W]here the language of a statutory provision is plain, its terms should be applied as written and not construed.” DeVane v. Kennedy, 205 W.Va. 519, 529 , 519 S.E.2d 622, 632 (1999) (citations omitted). See also Syl. pt. 4, in part, Daily Gazette Co., Inc. v. West Virginia Dev. Office, 206 W.Va. 51 , 521 S.E.2d 543 (1999) ("A statutory provision which is clear and unambiguous and plainly expresses the legislative intent will not be interpreted by the courts but will be given full force and effect.” (internal quotations and citations omitted)); Syl. pt. 5, in part, Walker v. West Virginia Ethics Comm'n, 201 W.Va. 108 , 492 S.E.2d 167 [(1997)] ("Where the language of a statute is clear and without ambiguity the plain meaning is to be accepted without resorting to the rules of interpretation.” (internal quotations and citations omitted)).”
3 later decisions quote this exact passage“once the claimant or insured has exhausted all other sources of solvent insurance which collaterally insure the covered claim or where there exists no other solvent insurance which provides coverage for the covered claim, he/she is entitled to enforce his/her covered claim against the West Virginia Insurance Guaranty Association, to the extent allowed by [the Act]”
2 later decisions quote this exact passage“[t]he law favors and encourages the resolution of controversies by contracts of compromise and settlement rather than by litigation; and it is the policy of the law to uphold and enforce such contracts if they are fairly made and are not in contravention of some law or public policy.”
2 later decisions 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.