Legal Opinion · Concurrence

State Ex Rel. Abraham Linc. Corp. v. Bedell

West Virginia Supreme Court

Decided July 15, 2004No. 31538Published

1ConcurrenceDavis, Justice

In this proceeding the majority opinion has issued a writ of prohibition that prevents the circuit court from allowing John Edens (hereinafter referred to as “Mr. Edens”) *111from pursuing a common law cause of action against Abraham Line Corporation (hereinafter referred to as “Abraham Line”). I concur in the decision to issue the writ. However, as illustrated below, I believe the writ should have issued for another reason.

A. Raising the Issue of Standing Sua Sponte

Mr. Edens sought to litigate a common law negligence action against his employer, Abraham Line, on the theory that Abraham Line’s…

2Cases cited56 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Allen v. WrightSupreme Court of the United States · 1984
  3. Flast v. CohenSupreme Court of the United States · 1968
  4. Singleton v. WulffSupreme Court of the United States · 1976
  5. Powers v. OhioSupreme Court of the United States · 1991

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