213 W. Va. 704 - Hannah v. Heeter’s Empirical Analysis
2003
Citation profile
2 district · 44 state decisions
Relationships
Relies on 18 Cal. 4th 1 - Cedars-Sinai Medical Center v. Superior Court · 166 Ill. 2d 188 - Boyd v. Travelers Insurance · Smith v. Howard Johnson Co. · 169 W. Va. 673 - Harless v. First National Bank in Fairmont · 197 W. Va. 172 - Gallapoo v. Wal-Mart Stores, Inc.
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the existence of a pending or potential civil action; (2) the alleged spoliator had actual knowledge of the pending or potential civil action; (3) a duty to preserve evidence arising from a contract, agreement, statute, administrative rule, voluntary assumption of duty, or other special circumstances; (4) spoliation of the evidence; (5) the spoliated evidence was vital to a party’s ability to prevail in the pending or potential civil action; and (6) damages.”
3 later decisions quote this exact passage“(1) a pending or potential civil action; (2) knowledge of the spoliator of the pending or potential civil action; (3) willful destruction of evidence; (4) the spoliated evidence was vital to a party’s ability to prevail in the pending or potential civil action; (5) the intent of the spoliator to defeat a party’s ability to prevail in the pending or potential civil action; (6) the party’s inability to prevail in the civil action; and (7) damages.”
3 later decisions quote this exact passage“[W]e are mindful that "[flor every wrong there is supposed to be a remedy somewhere.” Sanders v. Meredith, 78 W. Va. 564, 572 , 89 S.E. 733, 736 (1916). This Court has opined that "[t]he concept of American justice ... pronounces that for every wrong there is a remedy. It is incompatible with this concept to deprive a wrongfully injured party of a remedy[.j” O’Neil v. City of Parkersburg, 160 W. Va. 694, 697 , 237 S.E.2d 504, 506 (1977) (citation omitted). See also Gardner v. Buckeye Sav. & Loan Co., 108 W. Va. 673, 680 , 152 S.E. 530, 533 (1930) ("It is the proud boast of all lovers of justice that for every wrong there is a remedy.”).”
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.