222 W. Va. 743 - Forshey v. Jackson’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a court may consider, in addition to the pleadings, documents annexed to .it, and other materials fairly incorporated within it. This sometimes includes documents referred to in the complaint but not annexed to it. Further, Rule 12(b)(6) permits courts to consider matters that are susceptible to judicial notice.”

   3 later decisions quote this exact passage
   e.g. California State Teachers' Retirement v. Don L. Blankenship · SER Jon Veard v. Hon. Lawrance S. Miller, Jr., Judge

2. “failure to state-a claim upon which relief can be granted.” 5 . Although not specifically discussed in the appealed order, qualified immunity was an issue before the circuit court. Therefore, we can fairly say the circuit court's order was a denial of qualified immunity. However, to the extent the circuit court's' order was based on sovereign immunity, it is well-established that”

   2 later decisions quote this exact passage
   e.g. W. Va. Board of Education and L. Wade Linger, Jr. v. Jorea M. Marple · West Virginia Department of Education v. McGraw

3. “A circuit court ruling on a motion to dismiss under Rule 12(b)(6) of the West Virginia Rules of Civil Procedure may properly consider exhibits attached to the complaint without converting the motion to a Rule 56 motion for summary judgment.”

   1 later decision quote this exact passage
   e.g. Chesapeake Appalachia v. Cecil L. HIckman, etc.