recovery defense (Virginia) · Go Syfert
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recovery defense in Virginia

5 Virginia opinions name it 3 courts 1994–2026 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 (4)

CaseFollowedCited
Zysk v. Zyskgreen
va · 1990 · cited in 2 Virginia opinions naming this issue, 1994–2003
2 sentences

1994In my opinion, the amended motion for judgment is insufficient in law because it establishes that the plaintiff is barred from a recovery under the rule of Zysk v. Zysk, 239 Va. 32 , 404 S.E.2d 721 (1990).

1994In my opinion, the amended motion for judgment is insufficient in law because it establishes that the plaintiff is barred from a recovery under the rule of Zysk v. Zysk, 239 Va. 32 , 404 S.E.2d 721 (1990).

12
Erlich v. Hendrick Construction Co.green
va · 1976 · cited in 1 Virginia opinions naming this issue, 2026–2026
1 sentence

2026In addition, based upon the testimony of their expert witness as to damages, the Homeowners also contended that they were entitled to a greater amount of damages for the HVAC repairs by pointing to Studio 76’s “fail[ure] to install any HVAC within the basement of the home.” On April 11, 2024, the circuit court issued a second memorandum opinion wherein the court reconsidered its prior decision and reversed its prior ruling that the Homeowners’ breach barred their recovery, reasoning that under Erlich v. Hendrick Construction Co., 217 Va. 108, 114 (1976), “the no recovery rule may be inapplicab

11
Johnson v. Schmidtgreen
moctapp · 1986 · cited in 1 Virginia opinions naming this issue, 1997–1997
1 sentence

1997Shaw v. State, 816 P.2d 1358, 1360 (Alaska 1991); Johnson v. Schmidt, 719 S.W.2d 825, 826 (Mo. App. 1986); State ex rel.

11
Shaw v. State, Department of Administration, Public Defender Agencygreen
alaska · 1991 · cited in 1 Virginia opinions naming this issue, 1997–1997
1 sentence

1997Shaw v. State, 816 P.2d 1358, 1360 (Alaska 1991); Johnson v. Schmidt, 719 S.W.2d 825, 826 (Mo. App. 1986); State ex rel.

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 (3)

CaseCitedYears
Adkins v. Dixon green
va · 1997
2 sentences

2003We pointed out in Adkins that most jurisdictions have held “that a decision adverse to a criminal defendant in post-conviction proceedings bars a recovery for the defense attorney’s malpractice.” 253 Va. at 281 , 482 S.E.2d at 801 .

2003We pointed out in Adkins that most jurisdictions have held “that a decision adverse to a criminal defendant in post-conviction proceedings bars a recovery for the defense attorney’s malpractice.” 253 Va. at 281 , 482 S.E.2d at 801 .

12003–2003
Kirk v. State of N.C. Dept. of Correction green
nc · 1996
1 sentence

2001(Emphasis added.) While the Tort Claims Act “is a statute in derogation of the common law doctrine of sovereign immunity and, therefore, must be strictly construed....” Halberstam v. Commonwealth, 251 Va. 248, 250 , 468 S.E.2d 783 (1996), its construction is still subject to well established principles of statutory construction.

12001–2001
Halberstam v. Commonwealth green
va · 1996
1 sentence

2001(Emphasis added.) While the Tort Claims Act “is a statute in derogation of the common law doctrine of sovereign immunity and, therefore, must be strictly construed....” Halberstam v. Commonwealth, 251 Va. 248, 250 , 468 S.E.2d 783 (1996), its construction is still subject to well established principles of statutory construction.

12001–2001

Where else courts name it

TX 47 (1895–2023) IL 33 (1883–2025) MO 21 (1853–2023) CA 15 (1865–2026) NY 15 (1860–2017) GA 12 (1906–2019) OH 9 (1892–2003) IN 8 (1900–2001) CT 7 (1912–2006) IA 7 (1881–1994) AL 7 (1989–2012) ND 7 (1968–2015) KY 7 (1874–1959) NJ 6 (1983–2020) NE 6 (1894–2004) PA 6 (1884–1988) WA 6 (1912–2008) TN 5 (1921–2006) VA 5 (1994–2026) KS 5 (1901–2010) MN 5 (1943–1993) AZ 5 (1954–2016) WV 4 (1904–1962) OR 3 (1933–2006) DE 3 (2006–2023) NM 3 (1950–2006) MI 3 (1938–2015) FL 3 (1919–1984) LA 3 (1939–1991) UT 2 (1908–1988) NC 2 (1896–2026) MS 2 (1996–1998) VT 2 (1923–1935) WY 2 (1984–1989) AR 2 (1971–1994) MD 2 (1993–2006) MA 2 (1959–2002) SD 2 (1943–1992) AK 2 (1983–1992) SC 2 (1976–1985)

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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