West Virginia: Supreme Court citation practice | Citation rule(s)


Examples from Sedgmer v. McElroy Coal Co., 220 W.Va. 66, 640 S.E.2d 129 (2006)

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We proceed, having held that "[a] circuit court's entry of summary judgment is reviewed de novo." Syl. Pt. 1, Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994). Furthermore, we observe that "[a] motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law." Syl. Pt. 3, Aetna Cas. & Sur. Co. v. Federal Ins. Co. of New York, 148 W. Va. 160, 133 S.E.2d 770 (1963); Syl. Pt. 1, Williams v. Precision Coil, Inc., 194 W. Va. 52, 459 S.E.2d 329 (1995). With these standards in mind, we turn to the case before us.

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West Virginia law expressly provides an exemption from employee civil liability claims for work-related injuries to employers who are in good standing with the Workers' Compensation laws of the state W. Va. Code § 23-2-6 (1991).

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While Consolidation Coal was initially cited for a violation of 36 C.S.R. 33-4.1, the West Virginia Office of Miners' Health, Safety & Training later reviewed the evidence. The Notice of Violation was subsequently vacated, with the Coal Mine Safety Board of Appeals noting that, "[t]he evidence indicates that the cited regulation was not violated as alleged in the Notice of Violation."

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W. Va. Tr. Ct. R. 6.02, http://www.courtswv.gov/legal-community/court-rules/trial-court/chapter-1.html.

6.02 Citation Form

Citations in motions and memoranda must be in a generally accepted citation form.

Note:

Case holdings are generally cited to syllabus points in the format illustrated above.