211 W. Va. 569 - Mills v. Davis’s Empirical Analysis

Citation profile

4 state decisions

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.

1. “In Mills ... the Supreme Court was confronted with a trial court's dismissal of an action because the plaintiff failed to attend a deposition. The Court reversed the dismissal and held that in the absence of an order compelling discovery granted pursuant to a motion made by a party, it is an abuse of a circuit judge's discretion to dismiss an action for a single or isolated failure to comply with a discovery request. While the facts of Mills would seem to suggest that the trial court dismissed the case under Rule 37(d), the opinion in Mills held that the dismissal was under Rule 37(b)(2)(C). Therefore, the Mills holding is inapplicable to Rule 37(d) sanctions.”

   1 later decision quote this exact passage · from the majority
   e.g. 217 W. Va. 1 - Cattrell Companies, Inc. v. Carlton, Inc.