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6 Virginia opinions name it 4 courts 2006–2026 4 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.
| Case | Followed | Cited |
|---|---|---|
Massenburg v. City of Petersburggreen2 sentences2026Such protections apply whether the municipal corporation is a city, id., or another type of municipal corporation. 2026Municipal corporations enjoy the protections of sovereign immunity “from tort liability arising from [their performance of] governmental functions, but not proprietary functions.” Massenburg v. City of Petersburg, 298 Va. 212 , 218 (2019). | 2 | 3 |
James v. Janegreen2 sentences2026In James v. Jane, 221 Va. 43, 55 (1980), we held that an attending physician at the University of Virginia Hospital, who we assumed was an employee of the Commonwealth, was not entitled to the protections of sovereign immunity for a claim of medical negligence. 2026In James v. Jane, 221 Va. 43, 55 (1980), we held that an attending physician at the University of Virginia Hospital, who we assumed was an employee of the Commonwealth, was not entitled to the protections of sovereign immunity for a claim of medical negligence. | 1 | 1 |
Commonwealth v. Luzikgreen1 sentence2024Owing to the fact that the decision of whether to waive the protections of sovereign immunity belongs to the General Assembly, an individual employee of the Commonwealth cannot waive those protections, Commonwealth v. Luzik, 259 Va. 198, 206-07 (2000), nor may they be waived “by agreement or inaction of the parties.” Afzall, 273 Va. at 230. | 1 | 1 |
Afzall ex rel. Afzall v. Com.green2 sentences2024Although it is true that a general statute that does not contain an express waiver of sovereign immunity does not waive the Commonwealth’s immunity if it otherwise applies, Afzall, 273 Va. at 230, and that the statute providing for the remedy Montalla seeks in Count II is a general statute that does not contain an express waiver of sovereign immunity, these facts do not change the nature of the claim from being one based upon a contract, and thus, outside the protections of sovereign immunity. 2024Owing to the fact that the decision of whether to waive the protections of sovereign immunity belongs to the General Assembly, an individual employee of the Commonwealth cannot waive those protections, Commonwealth v. Luzik, 259 Va. 198, 206-07 (2000), nor may they be waived “by agreement or inaction of the parties.” Afzall, 273 Va. at 230. | 1 | 1 |
Forest Lakes Cmty. Ass'n, Inc. v. United Land Corp. of Am.green1 sentence2022See Forest Lakes Cmty. Ass’n v. United Land Corp. of Am., 293 Va. 113, 120 (2017). 5 primarily on law, such as a plea asserting the protections of sovereign immunity based solely on the allegations of the complaint. | 1 | 1 |
Atkinson v. Sachnogreen2 sentences2014Atkinson v. Sachno, 261 Va. 278, 284 , 541 S.E.2d 902, 905 (2001). 2014Atkinson v. Sachno, 261 Va. 278, 284 , 541 S.E.2d 902, 905 (2001). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cornell v. Benedict
green
1 sentence2024If evidence is presented ore tenus on a plea in bar, “the circuit court’s factual findings ‘are accorded the weight of a jury finding and will not be disturbed on appeal unless they are plainly wrong or without evidentiary support.’” Cornell v. Benedict, 301 Va. 342 , 349 (2022) (quoting Massenburg, 298 Va. at 216). | 1 | 2024–2024 |
Niese v. City of Alexandria
green
2 sentences2006Niese v. City of Alexandria, 264 Va. 230, 239 , 564 S.E.2d 127 (2002). 2006Niese v. City of Alexandria, 264 Va. 230, 239 , 564 S.E.2d 127 (2002). | 1 | 2006–2006 |
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.