abandonment waiver (Virginia) · Go Syfert
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abandonment waiver in Virginia

5 Virginia opinions name it 2 courts 1902–2024 1 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Brown v. O'KEEFEgreen
scotus · 1937 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024As Justice Cardozo explained in 1937, the trustee’s abandonment of a claim in bankruptcy is treated like a gift that was never accepted: “Acceptance is presumed, but rejection leaves the title by relation as if the gift had not been made.” Brown v. O’Keefe, 300 U.S. 598, 602 (1937).

11
Southwest Virginia Tire, Inc. v. Bryantgreen
vactapp · 2000 · cited in 1 Virginia opinions naming this issue, 2011–2011
2 sentences

2011Va. Tire, Inc. v. Bryant, 31 Va. App. 655, 661 , 525 S.E.2d 563, 566 (2000).

2011Va. Tire, Inc. v. Bryant, 31 Va. App. 655, 661 , 525 S.E.2d 563, 566 (2000).

11
Wainwright v. Newport News Shipbuilding & Dry Dock Co.green
vactapp · 2007 · cited in 1 Virginia opinions naming this issue, 2011–2011
2 sentences

2011Wainwright v. Newport News Shipbuilding & Dry Dock Co., 50 Va. App. 421, 433 , 650 S.E.2d 566, 572 (2007) (considering an evidentiary hearing that resolved the management of the claimant’s medical treatment to be a distinct prayer for relief that did not implicate the claimant’s earlier request for “all benefits to which he . . . may be entitled”). -5- permanency claim to remain ongoing until a final impairment rating was obtained and the joint stipulation did not operate as an abandonment or waiver of that claim.

2011Wainwright v. Newport News Shipbuilding & Dry Dock Co., 50 Va. App. 421, 433 , 650 S.E.2d 566, 572 (2007) (considering an evidentiary hearing that resolved the management of the claimant’s medical treatment to be a distinct prayer for relief that did not implicate the claimant’s earlier request for “all benefits to which he . . . may be entitled”). -5- permanency claim to remain ongoing until a final impairment rating was obtained and the joint stipulation did not operate as an abandonment or waiver of that claim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
In Re Lamar Dewsnup and Aletha Dewsnup, Debtors. Lamar Dewsnup, Aletha Dewsnup v. Louis L. Timm green
ca10 · 1990
1 sentence

2024Dewsnup, 908 F.2d at 590 .

12024–2024
Barnes v. Commonwealth green
va · 1950
2 sentences

2014The Supreme Court in Barnes held that an abandonment instruction was proper at the defendants’ larceny trial where there was evidence that, among other circumstances, the defendants took the allegedly stolen items from a shipyard dump.5 Id. at 740 , 58 S.E.2d at 16 .

2014The Supreme Court in Barnes held that an abandonment instruction was proper at the defendants’ larceny trial where there was evidence that, among other circumstances, the defendants took the allegedly stolen items from a shipyard dump.5 Id. at 740 , 58 S.E.2d at 16 .

12014–2014
U.S. F/U/B/A Williams Electric Co. v. Metric Constructors, Inc. green
sc · 1997
1 sentence

2003Metric Constructors, Inc., *578 480 S.E.2d at 449-50 .

12003–2003
Bell v. Wood neutral
va · 1897
1 sentence

1902Bell v. Wood, supra. The circumstances surrounding the case do not show an abandonment of its claim by the bank.

11902–1902

Where else courts name it

MO 149 (1885–2025) TX 84 (1909–2026) IL 66 (1898–2025) CA 41 (1863–2026) NY 39 (1873–2025) LA 32 (1931–2023) CT 28 (1967–2024) FL 26 (1931–2025) OH 25 (1960–2026) PA 24 (1905–2025) UT 24 (1987–2020) MI 23 (1886–2026) WA 20 (1963–2019) AZ 18 (1965–2025) IN 15 (1881–2019) CO 14 (1914–2026) TN 12 (1899–2024) NJ 11 (1957–2024) MS 11 (1924–2020) AL 11 (1912–2011) ID 10 (1873–2024) SC 10 (1926–2024) MD 8 (1976–2016) MA 7 (1938–2025) IA 7 (1940–2021) OK 7 (1947–1993) AR 7 (1898–2017) AK 7 (1983–1998) WI 6 (1938–2026) GA 6 (1976–2017) NC 6 (1948–2014) MN 6 (1914–2004) NM 6 (2012–2016) NE 6 (1906–2009) VT 5 (1881–2015) KY 5 (1932–2025) VA 5 (1902–2024) NH 4 (1859–2007) KS 4 (1976–2025) DC 4 (1978–2023) MT 3 (1910–2010) OR 3 (1978–2014) WV 3 (1957–1997) HI 3 (1940–2006) RI 3 (1987–2005) ME 2 (1992–2012) DE 2 (2019–2022) SD 2 (1915–1990) NV 2 (1983–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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