Southern Express Co. v. Terry Packing Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that parties clearly intended intentional acts to be covered in exculpatory agreement
• noting Noerr-Pennington generally applied to state-law claims, but holding that doctrine did not apply in particular circumstances of this case
• finding that the defendant was entitled to remittitur based on mitigating evidence
• simplifying the factors in Garnes v. Fleming Landfill, Inc., Syl. Pts. 3-4, 186 W. Va. 656, 413 S.E.2d 897 (1991)
• affirming circuit court’s enforcement of releases to bar claims of reckless and wanton conduct
• certifying “a property- damage class of property owners in a five-by-seven mile area surrounding the smelter site, and a medical-monitoring class of approximately 8,500 people who had lived in the class area”

Source: CourtListener parenthetical corpus (CC0).