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32 Virginia opinions name it 8 courts 1896–2025 2 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 |
|---|---|---|
Chawla v. BurgerBusters, Inc.green2 sentences2025Thus, waiver of a legal right will be implied “upon clear and unmistakable proof of the intention to waive such right for the essence of waiver is voluntary choice.” Id. at 623 . 2025King v. Commonwealth, 264 Va. 576, 581 (2002) (quoting Chawla v. Burgerbusters, Inc., 255 Va. 616, 623 (1998) (noting that when a party makes an objection sufficient to preserve an issue for appeal, this Court will only find waiver where there is such proof as “the essence of waiver is voluntary choice”)). | 12 | 14 |
May v. Martingreen2 sentences2013Weidman, 241 Va. at 45 , 400 S.E.2d at 167 ; May v. Martin, 205 Va. 397, 404 , 137 S.E.2d 860, 865 (1964). 2013Weidman, 241 Va. at 45 , 400 S.E.2d at 167 ; May v. Martin, 205 Va. 397, 404 , 137 S.E.2d 860, 865 (1964). | 5 | 5 |
King v. Commonwealthgreen2 sentences2025King v. Commonwealth, 264 Va. 576, 581 (2002) (quoting Chawla v. Burgerbusters, Inc., 255 Va. 616, 623 (1998) (noting that when a party makes an objection sufficient to preserve an issue for appeal, this Court will only find waiver where there is such proof as “the essence of waiver is voluntary choice”)). 2012See Chawla v. BurgerBusters, Inc., 255 Va. 616, 623 , 499 S.E.2d 829, 833 (1998), in which the Supreme Court of Virginia noted that as with the waiver of any legal right, the waiver noted in Code § 8.01-384(A) “will be implied only upon clear and unmistakable proof of the intention to waive such right for the essence of waiver is voluntary choice.” The Supreme Court of Virginia later bolstered this principle in King v. Commonwealth, 264 Va. 576 , 570 S.E.2d 863 (2002), holding: The same rationale applies to the circumstances of this case with equal, if not greater, force considering the gravit | 4 | 4 |
Link Associates v. Jefferson Standard Life Insurancegreen2 sentences2015A waiver “must be distinctly made with full knowledge of the rights waived.” Link Assocs., 223 Va. at 485, 291 S.E.2d at 216 . “[T]he burden rests on the party relying on a waiver ... to prove the essentials of such waiver ... by clear, precise and unequivocal evidence.” Utica Mut. 2015A waiver “must be distinctly made with full knowledge of the rights waived.” Link Assocs., 223 Va. at 485, 291 S.E.2d at 216 . “[T]he burden rests on the party relying on a waiver ... to prove the essentials of such waiver ... by clear, precise and unequivocal evidence.” Utica Mut. | 3 | 3 |
Weidman v. Babcockgreen2 sentences2005We have stated in several cases that "[w]aiver of a legal right will be implied only upon clear and unmistakable proof of the intention to waive such right for the essence of waiver is voluntary choice." Chawla, 255 Va. at 623 , 499 S.E.2d at 833 ; Weidman, 241 Va. at 45 , 400 S.E.2d at 167 ; Fox, 234 Va. at 426 , 362 S.E.2d at 707 ; Coleman v. Nationwide Life Ins. 2005We have stated in several cases that "[w]aiver of a legal right will be implied only upon clear and unmistakable proof of the intention to waive such right for the essence of waiver is voluntary choice." Chawla, 255 Va. at 623 , 499 S.E.2d at 833 ; Weidman, 241 Va. at 45 , 400 S.E.2d at 167 ; Fox, 234 Va. at 426 , 362 S.E.2d at 707 ; Coleman v. Nationwide Life Ins. | 1 | 5 |
Baumann v. Capoziogreen2 sentences2014With respect to waiver, the Virginia Supreme Court has observed that “waiver of a legal right will be implied only upon clear and unmistakable proof of the intention to waive such right for the essence of waiver is voluntary choice” and that “the party relying on a waiver has the burden to prove the essentials of such waiver ... by clear, precise, and unequivocal evidence.” Baumann v. Capozio, 269 Va. 356, 360 , 611 S.E.2d 597 (2005) (internal authorities omitted). 2014With respect to waiver, the Virginia Supreme Court has observed that “waiver of a legal right will be implied only upon clear and unmistakable proof of the intention to waive such right for the essence of waiver is voluntary choice” and that “the party relying on a waiver has the burden to prove the essentials of such waiver ... by clear, precise, and unequivocal evidence.” Baumann v. Capozio, 269 Va. 356, 360 , 611 S.E.2d 597 (2005) (internal authorities omitted). | 1 | 2 |
Virginia Polytechnic Institute & State University v. Interactive Return Service, Inc.green2 sentences2010Weidman, 241 Va. at 45 , 400 S.E.2d at 167 ; May v. Martin, 205 Va. 397, 404 , 137 S.E.2d 860, 865 (1964)." Chawla v. BurgerBusters, Inc., 255 Va. 616, 622-23 , 499 S.E.2d 829, 833 (1998); see also Baumann v. Capozio, 269 Va. 356, 360 , 611 S.E.2d 597, 599 (2005); Virginia Polytech. v. Interactive Return Service, 267 Va. 642, 651-52 , 595 S.E.2d 1, 6 (2004); Stuarts Draft Shopping Ctr. v. S-D Assoc., 251 Va. 483, 489-90 , 468 S.E.2d 885, 889-90 (1996); Coleman v. Nationwide Life Ins. 2010Weidman, 241 Va. at 45 , 400 S.E.2d at 167 ; May v. Martin, 205 Va. 397, 404 , 137 S.E.2d 860, 865 (1964)." Chawla v. BurgerBusters, Inc., 255 Va. 616, 622-23 , 499 S.E.2d 829, 833 (1998); see also Baumann v. Capozio, 269 Va. 356, 360 , 611 S.E.2d 597, 599 (2005); Virginia Polytech. v. Interactive Return Service, 267 Va. 642, 651-52 , 595 S.E.2d 1, 6 (2004); Stuarts Draft Shopping Ctr. v. S-D Assoc., 251 Va. 483, 489-90 , 468 S.E.2d 885, 889-90 (1996); Coleman v. Nationwide Life Ins. | 1 | 1 |
Stuarts Draft Shopping Center, L.P. v. S-D Associatesgreen2 sentences2010Weidman, 241 Va. at 45 , 400 S.E.2d at 167 ; May v. Martin, 205 Va. 397, 404 , 137 S.E.2d 860, 865 (1964)." Chawla v. BurgerBusters, Inc., 255 Va. 616, 622-23 , 499 S.E.2d 829, 833 (1998); see also Baumann v. Capozio, 269 Va. 356, 360 , 611 S.E.2d 597, 599 (2005); Virginia Polytech. v. Interactive Return Service, 267 Va. 642, 651-52 , 595 S.E.2d 1, 6 (2004); Stuarts Draft Shopping Ctr. v. S-D Assoc., 251 Va. 483, 489-90 , 468 S.E.2d 885, 889-90 (1996); Coleman v. Nationwide Life Ins. 2010Weidman, 241 Va. at 45 , 400 S.E.2d at 167 ; May v. Martin, 205 Va. 397, 404 , 137 S.E.2d 860, 865 (1964)." Chawla v. BurgerBusters, Inc., 255 Va. 616, 622-23 , 499 S.E.2d 829, 833 (1998); see also Baumann v. Capozio, 269 Va. 356, 360 , 611 S.E.2d 597, 599 (2005); Virginia Polytech. v. Interactive Return Service, 267 Va. 642, 651-52 , 595 S.E.2d 1, 6 (2004); Stuarts Draft Shopping Ctr. v. S-D Assoc., 251 Va. 483, 489-90 , 468 S.E.2d 885, 889-90 (1996); Coleman v. Nationwide Life Ins. | 1 | 1 |
Velocity Express Mid-Atlantic, Inc. v. Hugengreen2 sentences2009In Vahdat v. Holland, 274 Va. 417 , 421, 649 S.E.2d 691 , 693 (2007), we restated the essence of the doctrine as follows: The sudden emergency doctrine provides that "[w]hen the driver of an automobile, without prior negligence on his part, is confronted with a sudden emergency and acts as an ordinarily prudent person would have done under the same or similar circumstances, he is not guilty of negligence." Pickett v. Cooper, 202 Va. 60 , 63, 116 S.E.2d 48 , 51 (1960) (citing Southern Passenger Motor Lines, Inc. v. Burks, 187 Va. 53 , 60, 46 S.E.2d 26 , 30 (1948)); accord Velocity Express Mid-A 2009In Vahdat v. Holland, 274 Va. 417 , 421, 649 S.E.2d 691 , 693 (2007), we restated the essence of the doctrine as follows: The sudden emergency doctrine provides that "[w]hen the driver of an automobile, without prior negligence on his part, is confronted with a sudden emergency and acts as an ordinarily prudent person would have done under the same or similar circumstances, he is not guilty of negligence." Pickett v. Cooper, 202 Va. 60 , 63, 116 S.E.2d 48 , 51 (1960) (citing Southern Passenger Motor Lines, Inc. v. Burks, 187 Va. 53 , 60, 46 S.E.2d 26 , 30 (1948)); accord Velocity Express Mid-A | 1 | 1 |
Hansen v. Stanley Martin Companies, Inc.green2 sentences2005“Negligent misrepresentation is the essence of a claim for constructive fraud in Virginia.” Hansen v. Stanley Martin Companies, Inc., 266 Va. 345, 355 , 585 S.E.2d 567, 573 (2003); see e.g., Richmond Metro. 2005“Negligent misrepresentation is the essence of a claim for constructive fraud in Virginia.” Hansen v. Stanley Martin Companies, Inc., 266 Va. 345, 355 , 585 S.E.2d 567, 573 (2003); see e.g., Richmond Metro. | 1 | 1 |
Richmond Metropolitan Authority v. McDevitt Street Bovis, Inc.green2 sentences2005Auth. v. McDevitt Street Bovis, Inc., 256 Va. 553, 559 , 507 S.E.2d 344, 347 (1998). 2005Auth. v. McDevitt Street Bovis, Inc., 256 Va. 553, 559 , 507 S.E.2d 344, 347 (1998). | 1 | 1 |
Boggs v. Commonwealthgreen2 sentences1998“The number or nature of the batteries inflicted upon the victim is the essence of the test whether the defendant’s conduct ‘was outrageously or wantonly vile, horrible or inhuman in that it involved ... an aggravated battery.’ ” Boggs v. Commonwealth, 229 Va. 501, 521 , 331 S.E.2d 407, 421 (1985), cert. denied, 475 U.S. 1031 (1986) (quoting Code § 19.2-264.2). *571 PREJUDICE AND PROPORTIONALITY REVIEW OF DEATH SENTENCE Pursuant to Code § 17-110.1(C)(1), we are required to determine whether the death sentence in this case was imposed under the influence of passion, prejudice, or other arbitrar 1998“The number or nature of the batteries inflicted upon the victim is the essence of the test whether the defendant’s conduct ‘was outrageously or wantonly vile, horrible or inhuman in that it involved ... an aggravated battery.’ ” Boggs v. Commonwealth, 229 Va. 501, 521 , 331 S.E.2d 407, 421 (1985), cert. denied, 475 U.S. 1031 (1986) (quoting Code § 19.2-264.2). *571 PREJUDICE AND PROPORTIONALITY REVIEW OF DEATH SENTENCE Pursuant to Code § 17-110.1(C)(1), we are required to determine whether the death sentence in this case was imposed under the influence of passion, prejudice, or other arbitrar | 1 | 1 |
Buffalo Shook Company v. Barksdalegreen2 sentences1997Id. at 819 , 232 S.E.2d at 805 ; Buffalo Shook Co. v. Barksdale, 206 Va. 45, 48 , 141 S.E.2d 738, 741 (1965). 1997Id. at 819 , 232 S.E.2d at 805 ; Buffalo Shook Co. v. Barksdale, 206 Va. 45, 48 , 141 S.E.2d 738, 741 (1965). | 1 | 1 |
Pepper v. Littongreen1 sentence1983Pepper v. Litton, 308 U.S. 295, 306 (1939). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stanley's Cafeteria, Inc. v. Abramson
green
2 sentences2016Stated alternatively, “intent is the essence of waiver.” Id. at 74 , 306 S.E.2d at 874 . 2016Stated alternatively, “intent is the essence of waiver.” Id. at 74 , 306 S.E.2d at 874 . | 2 | 2016–2016 |
Southern Passenger Motor Lines, Inc. v. Burks
green
2 sentences2009In Vahdat v. Holland, 274 Va. 417 , 421, 649 S.E.2d 691 , 693 (2007), we restated the essence of the doctrine as follows: The sudden emergency doctrine provides that "[w]hen the driver of an automobile, without prior negligence on his part, is confronted with a sudden emergency and acts as an ordinarily prudent person would have done under the same or similar circumstances, he is not guilty of negligence." Pickett v. Cooper, 202 Va. 60 , 63, 116 S.E.2d 48 , 51 (1960) (citing Southern Passenger Motor Lines, Inc. v. Burks, 187 Va. 53 , 60, 46 S.E.2d 26 , 30 (1948)); accord Velocity Express Mid-A 2009In Vahdat v. Holland, 274 Va. 417 , 421, 649 S.E.2d 691 , 693 (2007), we restated the essence of the doctrine as follows: The sudden emergency doctrine provides that "[w]hen the driver of an automobile, without prior negligence on his part, is confronted with a sudden emergency and acts as an ordinarily prudent person would have done under the same or similar circumstances, he is not guilty of negligence." Pickett v. Cooper, 202 Va. 60 , 63, 116 S.E.2d 48 , 51 (1960) (citing Southern Passenger Motor Lines, Inc. v. Burks, 187 Va. 53 , 60, 46 S.E.2d 26 , 30 (1948)); accord Velocity Express Mid-A | 1 | 2009–2009 |
Vahdat v. Holland
green
2 sentences2009In Vahdat v. Holland, 274 Va. 417 , 421, 649 S.E.2d 691 , 693 (2007), we restated the essence of the doctrine as follows: The sudden emergency doctrine provides that "[w]hen the driver of an automobile, without prior negligence on his part, is confronted with a sudden emergency and acts as an ordinarily prudent person would have done under the same or similar circumstances, he is not guilty of negligence." Pickett v. Cooper, 202 Va. 60 , 63, 116 S.E.2d 48 , 51 (1960) (citing Southern Passenger Motor Lines, Inc. v. Burks, 187 Va. 53 , 60, 46 S.E.2d 26 , 30 (1948)); accord Velocity Express Mid-A 2009In Vahdat v. Holland, 274 Va. 417 , 421, 649 S.E.2d 691 , 693 (2007), we restated the essence of the doctrine as follows: The sudden emergency doctrine provides that "[w]hen the driver of an automobile, without prior negligence on his part, is confronted with a sudden emergency and acts as an ordinarily prudent person would have done under the same or similar circumstances, he is not guilty of negligence." Pickett v. Cooper, 202 Va. 60 , 63, 116 S.E.2d 48 , 51 (1960) (citing Southern Passenger Motor Lines, Inc. v. Burks, 187 Va. 53 , 60, 46 S.E.2d 26 , 30 (1948)); accord Velocity Express Mid-A | 1 | 2009–2009 |
Pickett v. Cooper
green
2 sentences2009In Vahdat v. Holland, 274 Va. 417 , 421, 649 S.E.2d 691 , 693 (2007), we restated the essence of the doctrine as follows: The sudden emergency doctrine provides that "[w]hen the driver of an automobile, without prior negligence on his part, is confronted with a sudden emergency and acts as an ordinarily prudent person would have done under the same or similar circumstances, he is not guilty of negligence." Pickett v. Cooper, 202 Va. 60 , 63, 116 S.E.2d 48 , 51 (1960) (citing Southern Passenger Motor Lines, Inc. v. Burks, 187 Va. 53 , 60, 46 S.E.2d 26 , 30 (1948)); accord Velocity Express Mid-A 2009In Vahdat v. Holland, 274 Va. 417 , 421, 649 S.E.2d 691 , 693 (2007), we restated the essence of the doctrine as follows: The sudden emergency doctrine provides that "[w]hen the driver of an automobile, without prior negligence on his part, is confronted with a sudden emergency and acts as an ordinarily prudent person would have done under the same or similar circumstances, he is not guilty of negligence." Pickett v. Cooper, 202 Va. 60 , 63, 116 S.E.2d 48 , 51 (1960) (citing Southern Passenger Motor Lines, Inc. v. Burks, 187 Va. 53 , 60, 46 S.E.2d 26 , 30 (1948)); accord Velocity Express Mid-A | 1 | 2009–2009 |
Fox v. Deese
green
2 sentences2005We have stated in several cases that "[w]aiver of a legal right will be implied only upon clear and unmistakable proof of the intention to waive such right for the essence of waiver is voluntary choice." Chawla, 255 Va. at 623 , 499 S.E.2d at 833 ; Weidman, 241 Va. at 45 , 400 S.E.2d at 167 ; Fox, 234 Va. at 426 , 362 S.E.2d at 707 ; Coleman v. Nationwide Life Ins. 2005We have stated in several cases that "[w]aiver of a legal right will be implied only upon clear and unmistakable proof of the intention to waive such right for the essence of waiver is voluntary choice." Chawla, 255 Va. at 623 , 499 S.E.2d at 833 ; Weidman, 241 Va. at 45 , 400 S.E.2d at 167 ; Fox, 234 Va. at 426 , 362 S.E.2d at 707 ; Coleman v. Nationwide Life Ins. | 1 | 2005–2005 |
Coleman v. Nationwide Life Insurance
green
2 sentences2005Co., 211 Va. 579 , 583, 179 S.E.2d 466 , 469 (1971); Roenke v. Virginia Farm Bureau Ins. 2005Co., 211 Va. 579 , 583, 179 S.E.2d 466 , 469 (1971); Roenke v. Virginia Farm Bureau Ins. | 1 | 2005–2005 |
Travis v. Finley
green
1 sentence2002Travis v. Finley, 36 Va. App. at 200 . | 1 | 2002–2002 |
King v. Commercial Finance Co.
green
2 sentences2000In King v. Commercial Finance Co., 163 Va. 260 , 175 S.E. 733 (1934), the court held that in an action on a renewal note, where the purchaser set up the defense of fraud, “the results on a new trial would be the same because when the renewal note was executed, the maker knew of any misrepresentations that had been made to him and elected to stay with the corporation.” Id. at 261 . 2000In King v. Commercial Finance Co., 163 Va. 260 , 175 S.E. 733 (1934), the court held that in an action on a renewal note, where the purchaser set up the defense of fraud, “the results on a new trial would be the same because when the renewal note was executed, the maker knew of any misrepresentations that had been made to him and elected to stay with the corporation.” Id. at 261 . | 1 | 2000–2000 |
Jones v. United States
green
1 sentence1998“The number or nature of the batteries inflicted upon the victim is the essence of the test whether the defendant’s conduct ‘was outrageously or wantonly vile, horrible or inhuman in that it involved ... an aggravated battery.’ ” Boggs v. Commonwealth, 229 Va. 501, 521 , 331 S.E.2d 407, 421 (1985), cert. denied, 475 U.S. 1031 (1986) (quoting Code § 19.2-264.2). *571 PREJUDICE AND PROPORTIONALITY REVIEW OF DEATH SENTENCE Pursuant to Code § 17-110.1(C)(1), we are required to determine whether the death sentence in this case was imposed under the influence of passion, prejudice, or other arbitrar | 1 | 1998–1998 |
Amusement Slides Corp. v. Lehmann
green
2 sentences1997Id. at 819 , 232 S.E.2d at 805 ; Buffalo Shook Co. v. Barksdale, 206 Va. 45, 48 , 141 S.E.2d 738, 741 (1965). 1997Id. at 819 , 232 S.E.2d at 805 ; Buffalo Shook Co. v. Barksdale, 206 Va. 45, 48 , 141 S.E.2d 738, 741 (1965). | 1 | 1997–1997 |
Wilson v. Carpenter's Adm'r
green
2 sentences1964Voluntary choice is of the essence of waiver, # * County of Albemarle v. Massey, 183 Va. 310, 315 , 32 S. E. 2d 228 ; Wilson v. Carpenter, 91 Va. 183 , 21 S. E. 243 ; White v. American Nat. 1964Voluntary choice is of the essence of waiver, # * County of Albemarle v. Massey, 183 Va. 310, 315 , 32 S. E. 2d 228 ; Wilson v. Carpenter, 91 Va. 183 , 21 S. E. 243 ; White v. American Nat. | 1 | 1964–1964 |
County of Albemarle v. Massey
green
2 sentences1964Voluntary choice is of the essence of waiver, # * County of Albemarle v. Massey, 183 Va. 310, 315 , 32 S. E. 2d 228 ; Wilson v. Carpenter, 91 Va. 183 , 21 S. E. 243 ; White v. American Nat. 1964Voluntary choice is of the essence of waiver, # * County of Albemarle v. Massey, 183 Va. 310, 315 , 32 S. E. 2d 228 ; Wilson v. Carpenter, 91 Va. 183 , 21 S. E. 243 ; White v. American Nat. | 1 | 1964–1964 |
Moseley v. Brown
green
1 sentence1896Here there was but one debt, the interest, to which Meem could apply payments; the principal was not due.” In support of this position, Mosely v. Brown, 76 Va. 419 ; Turner v. Turner, 80 Va. 379 ; and Association v. McKnight, 35 Pa. State 472; Harris v. Bressler, Supreme Court of Illinois (10 N. E. | 1 | 1896–1896 |
Turner v. Turner
green
1 sentence1896Here there was but one debt, the interest, to which Meem could apply payments; the principal was not due.” In support of this position, Mosely v. Brown, 76 Va. 419 ; Turner v. Turner, 80 Va. 379 ; and Association v. McKnight, 35 Pa. State 472; Harris v. Bressler, Supreme Court of Illinois (10 N. E. | 1 | 1896–1896 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.