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· 11/8/2023

State of West Virginia v. David Ray Thomas

How courts have described this case

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

  • explaining that strict liability and common law negligence claims brought after passage of 2005 amendment to the Ohio Products Liability Act are abrogated
  • explaining that parties must “point to the evidence with specificity and particularity in the relevant brief”
  • stating that parties may not simply dump “a pile of paper on the district judge’s desk,” but rather have an obligation “to point to the evidence with specificity and particularity”
  • explaining that “reconsideration of our precedents is justified” when intervening state appellate court decisions “provide the best indication” of how the state’s highest court “would rule on [an] issue … [of] state law”
  • party opposing summary judgment has burden of pointing to evidence creating a factual dispute in a particularized manner
  • “[I]t was [plaintiffs] job to point to the evidence with specificity and particularity in the relevant brief rather than just dropping a pile of paper on the district judge’s desk and expecting him to sort it out.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.