218 W. Va. 81 - Louk v. Cormier’s Empirical Analysis
2005
Citation profile
44 state decisions
How this case has been cited
Cited by 44 later decisions — most recently April 2019 · most notably Stilp v. Commonwealth (2006), 223 W. Va. 14 - In Re Tax Assessment of Foster Foundation's Woodlands Retirement Community (2009)
44 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 Dorchy v. State of Kansas · 171 W. Va. 445 - Nelson v. West Virginia Public Employees Insurance Board · 153 W. Va. 714 - Crockett v. Andrews · 192 W. Va. 165 - State v. Derr · 159 W. Va. 621 - Sanders v. Georgia-Pacific Corp.
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] constitutional issue that was not properly preserved at the trial court level may, in the discretion of this Court, be addressed on appeal when the constitutional issue is the controlling issue in the resolution of the case.”
3 later decisions quote this exact passage · from the concurrence““In considering the constitutionality of a legislative enactment, courts must exercise due restraint, in recognition of the principle of the separation of powers in government among the judicial, legislative and executive branches. Every reasonable construction must be resorted to by the courts in order to sustain constitutionality, and any reasonable doubt must be resolved in favor of the constitutionality of the legislative enactment in question. Courts are not concerned with questions relating to legislative policy. The general powers of the legislature, within constitutional limits, are almost plenary. In considering the constitutionality of an act of the legislature, the negation of legislative power must appear beyond reasonable doubt.” Syl. pt. 1, State ex rel. Appalachian Power Company v. Gainer, 149 W.Va. 740 , 143 S.E.2d 351 (1965).”
2 later decisions quote this exact passage“The provisions contained in W. Va. Code § 55 -7B-6d (2001) were enacted in violation of the Separation of Powers Clause, Article V, § 1 of the West Virginia Constitution, insofar as the statute addresses procedural litigation matters that are regulated exclusively by this Court pursuant to the Rule-Making Clause, Article VIII, § 3 of the West Virginia Constitution. Consequently, W. Va. Code § 55 -7B-6d, in its entirety, is unconstitutional and unenforceable.”
2 later decisions quote this exact passage · from the dissent
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.