228 W. Va. 99 - FOSTER FOUNDATION v. Gainer’s Empirical Analysis
2011
Citation profile
18 state decisions
Relationships
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Japan Whaling Ass'n v. American Cetacean Society · 159 W. Va. 108 - Smith v. State Workmen's Compensation Commissioner · 195 W. Va. 573 - Appalachian Power Co. v. State Tax Department · 152 W. Va. 571 - State v. Elder
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘ “[i]t is well established that the word “shall,” in the absence of language in the statute showing a contrary intent on the part of the Legislature, should be afforded a mandatory connotation.” Syllabus Point 1, Nelson v. West Virginia Public Employees Insurance Board, 171 W.Va. 445 , 300 S.E.2d 86 (1982).’ Syllabus point 1, E.H. v. Matin, 201 W.Va. 463 , 498 S.E.2d 35 (1997).””
1 later decision quote this exact passage“[w]e look first to the statute's language. If the text, given its plain meaning, answers the interpretive question, the language must prevail and further inquiry is foreclosed.”
1 later decision quote this exact passage“[w]here a particular construction of a statute would result in an absurdity, some other reasonable construction, which will not produce such absurdity, will be made.”
1 later decision quote this exact passage · from the majority
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.