Legal Opinion · Dissent

Manor Care Inc. v. Tom Douglas

West Virginia Supreme Court

Decided June 18, 2014No. 13-0470Published

1DissentLoughry, Justice

I am not surprised that the majority attempts to hide its shockingly result-oriented analysis in a seventy-two page tome. Unfortunately for the majority, the fractured vote of this Court casts a glaring spotlight on the startlingly misguided reasoning employed throughout. Justice Sandra Day O’Connor wrote that “[ijndeed, the point of ... the law in general-is to allow citizens to order their behavior. A State can have no legitimate interest in deliberately making the law so arbitrary that citizens will be unable to avoid punishment based solely upon bias or whim.” Pacific Mut. Life Ins. Co.…

2Cases cited23 opinions

  1. Olmstead v. United StatesSupreme Court of the United States · 1928
  2. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  3. Exxon Shipping Co. v. BakerSupreme Court of the United States · 2008
  4. Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
  5. TXO Production Corp. v. Alliance Resources Corp.West Virginia Supreme Court · 1992

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