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"Where can I go to find a list of court cases where the court ruled that there were was a duty to mitigate damages or avoidable consequences? Preferably in West Virginia or Federal court cases"
Go to any Law Library and ask the Librarian to show you the volumes labeled "Words and Phrases" for West Virginia and for the Federal Courts. Look up the phrase, "Duty to mitigate damages" and you will see 20, 30, or more pages with this phrase. You will see little paragraphs of about 5 or 6 lines, each one being a summary of a case where the issue (or, one of the issues) was "Duty to mitigate damages". At the end of each little paragraph, you will see the name of the case and the citation (Volume and page number) where you can find the case. By the time you are finished, you will have more than enough cases with that issue discussed by the Court,
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Is there no place on line where I can fine these cases? I am in Richmond VA and this trial is in Beckley WV.
Hi, Steve, The only website that I know of which might have it is a legal research website called "Lexis-Nexis" but it is very expensive. I believe that they sell one-day and one-week passes, but I do not know how much they cost. But, for that short of a period of time, one has to be able to navigate quickly and know exactly where to go to find what they are looking for.
If you have a Law Library near you in Richmond, that Law Library will have the case reporters for all the States, not just Virginia.
You can also try this website and see what you come up with. I use it sometimes,
When you get to the website, click on West Virginia Courts. (I have found that it is best not to do State and Federal Courts together because you get pages and pages of cases you may not even use. In the space provided, type in some key words, like "Duty to mitigate damages in (include in what context because you will get all kinds of cases)
Let me know if you have a problem navigating that website. In the meantime, please be kind enough to rate me positively so that I can receive credit for assisting you, otherwise I will not receive any credit. Thank you for understanding,
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