Legal Opinion

Daily Gazette Co., Inc. v. Canady

West Virginia Supreme Court

Decided June 27, 1985No. 16581PublishedCited by 67 opinions

1Opinion of the Court

McGRAW, Justice:

The petitioner, The Daily Gazette Co., Inc. seeks a writ of mandamus compelling reconsideration of its motion for attorney fees by respondent Judge Herman G. Cana-dy of the Thirteenth Judicial Circuit sought in connection with the dismissal of a defamation action filed by respondent attorney Joseph C. Cometti. Although the respondent judge rejected this request for an award of attorney fees based upon his perception of an absence of authority, the petitioner contends that the ability of a trial court to assess attorney fees against counsel who has acted in bad faith is founded…

2Cases cited25 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  3. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  4. F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
  5. Vaughan v. AtkinsonSupreme Court of the United States · 1962

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3Cited by67 opinions

  1. Moakley v. SmallwoodSupreme Court of Florida · 2002
  2. Sally-Mike Properties v. YokumWest Virginia Supreme Court · 1986
  3. McCormick v. Allstate InsuranceWest Virginia Supreme Court · 1996
  4. Bowling v. Ansted Chrysler-Plymouth-Dodge, Inc.West Virginia Supreme Court · 1992
  5. In re A.P.-1, A.P.-2, A.P.-3West Virginia Supreme Court · 2019

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