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18 Virginia opinions name it 3 courts 1842–2013 0 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 |
|---|---|---|
Raines v. Lutzgreen2 sentences2008A. 18 VAC 60-20-15(3) 18 VAC 60-20-15(3) requires dentists to “maintain patient records ... for purposes of review by the board to include ... [diagnosis and treatment rendered[.]” Doe argues that dental hygienists, who participated in the Board’s decision, “would not necessarily be familiar with the standard of care for dental record keeping.” As such, Doe argues that such a “lay jury” could not make a finding of a departure from the standard of care for recordkeeping without an expert opinion to that effect. 10 Doe cites Raines v. Lutz, 231 Va. 110 , 341 S.E.2d 194 (1986), to support this pr 2008A. 18 VAC 60-20-15(3) 18 VAC 60-20-15(3) requires dentists to “maintain patient records ... for purposes of review by the board to include ... [diagnosis and treatment rendered[.]” Doe argues that dental hygienists, who participated in the Board’s decision, “would not necessarily be familiar with the standard of care for dental record keeping.” As such, Doe argues that such a “lay jury” could not make a finding of a departure from the standard of care for recordkeeping without an expert opinion to that effect. 10 Doe cites Raines v. Lutz, 231 Va. 110 , 341 S.E.2d 194 (1986), to support this pr | 1 | 3 |
Perdieu v. Blackstone Family Practice Center, Inc.green2 sentences2013Perdieu v. Blackstone Family Practice Ctr., 264 Va. 408, 420 , 568 S.E.2d 703, 710 (2002) (citing Raines v. Lutz, 231 Va. 110, 113 , 341 S.E.2d 194, 196 (1986)). 2013Perdieu v. Blackstone Family Practice Ctr., 264 Va. 408, 420 , 568 S.E.2d 703, 710 (2002) (citing Raines v. Lutz, 231 Va. 110, 113 , 341 S.E.2d 194, 196 (1986)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gregory's Administrator v. Marks's Administrator
neutral
2 sentences1874If this court has tolerated a departure from this rule in regard to slave property, (Gregory’s adm’or v. Marks’ adm’or, 1 Rand. 355 ,) it is when the necessity for a discovery was supposed to be incidental, at least prima facie, to the nature of the demand; as where the suit is to recover a stock of slaves, after a considerable lapse of time, and there has been such an increase as to raise a fair presumption that the plaintiff is ignorant of their names, ages and residences. 1874If this court has tolerated a departure from this rule in regard to slave property, (Gregory’s adm’or v. Marks’ adm’or, 1 Rand. 355 ,) it is when the necessity for a discovery was supposed to be incidental, at least prima facie, to the nature of the demand; as where the suit is to recover a stock of slaves, after a considerable lapse of time, and there has been such an increase as to raise a fair presumption that the plaintiff is ignorant of their names, ages and residences. | 6 | 1842–1874 |
Lough v. Michael
green
2 sentences1872Lough v. Michael, 37 W. 1872Lough v. Michael, 37 W. | 3 | 1872–1872 |
Pardee v. Commonwealth
neutral
2 sentences1923In Pardee v. Commonwealth, 102 Va. 908 , 47 S. E. 1010 , the court said: “According to the uniform interpretation placed upon the revenue laws of this State, February 1st, the day which separates one tax year from another, has been fixed upon as the time for ascertaining the ownership and value of property for taxation, and a departure from that rule can only result in confusion and inconvenience.” The interrogatories sent out by the Auditor of Public Accounts, one of which was presented to the company to be used by it in this case, required the taxpayer to report for assessment in accordance 1909The revenue system must be considered as a whole, and our interpretation of the foregoing sections of chapter 24 of the Code-has obtained in the auditor’s office for many years; and, as was said in Pardee v. Commonwealth, 102 Va. 905, 908 , 47 S. E. 1010, 1011 , “a departure from that rule can only result in-confusion and inconvenience.” For these reasons we are of opinion that the decree appealed from is right and should be affirmed. | 2 | 1909–1923 |
Goins v. Wendy's International, Inc.
green
2 sentences1999We further stated that “a departure from the rule would inteiject evidence so problematical, due to the potential for a lack of reporting and the variables of circumstances and conditions, that such evidence would have slight, if any, relevancy or probative value.” Id. at 335-336 , 410 S.E.2d at 636 . 1999We further stated that “a departure from the rule would inteiject evidence so problematical, due to the potential for a lack of reporting and the variables of circumstances and conditions, that such evidence would have slight, if any, relevancy or probative value.” Id. at 335-336 , 410 S.E.2d at 636 . | 1 | 1999–1999 |
Jackson v. Jackson
neutral
1 sentence1928So also, in Zirkle v. McCue, 26 Gratt. (67 Va.) 532, it is said: “Under this section, the ease must be one in which partition cannot be conveniently made, and it must appear that the interests of the parties will.be-promoted by a sale of the property. .These concurring circumstances are necessary to warrant a decree for. such sale.” This is said-incidentally in Virginia Iron, Coal & Coke Co. v. Roberts, 103 Va. 685 , 49 S. E. 987 : “In that ease (referring to a related case) there was no necessity for sale for the purpose of partition, and none was made or could have been made therein without | 1 | 1928–1928 |
Beckham v. Duncan
neutral
2 sentences1928So also, in Zirkle v. McCue, 26 Gratt. (67 Va.) 532, it is said: “Under this section, the ease must be one in which partition cannot be conveniently made, and it must appear that the interests of the parties will.be-promoted by a sale of the property. .These concurring circumstances are necessary to warrant a decree for. such sale.” This is said-incidentally in Virginia Iron, Coal & Coke Co. v. Roberts, 103 Va. 685 , 49 S. E. 987 : “In that ease (referring to a related case) there was no necessity for sale for the purpose of partition, and none was made or could have been made therein without 1928So also, in Zirkle v. McCue, 26 Gratt. (67 Va.) 532, it is said: “Under this section, the ease must be one in which partition cannot be conveniently made, and it must appear that the interests of the parties will.be-promoted by a sale of the property. .These concurring circumstances are necessary to warrant a decree for. such sale.” This is said-incidentally in Virginia Iron, Coal & Coke Co. v. Roberts, 103 Va. 685 , 49 S. E. 987 : “In that ease (referring to a related case) there was no necessity for sale for the purpose of partition, and none was made or could have been made therein without | 1 | 1928–1928 |
Commonwealth v. United Cigarette Machine Co.
green
1 sentence1923In Commonwealth v. United Cigarette Machine Company, 120 Va. 845 , 92 S. E. 901 , the court held that “such assessments are to be made according to the law in force at the time the assessment should have been made.” The taxable status of persons and property gener-' ally relates to a day certain in each year. | 1 | 1923–1923 |
Watson v. Hoy
green
1 sentence1909Watson v. Hoy, supra. Whether or not there are any particular circumstances which take this ease from under the operation of the general rule can be inquired into when the case goes back to the circuit court. | 1 | 1909–1909 |
Wade v. Hancock & Agee
green
1 sentence1895In the case of Gray and Others v. Stuart & Palmer, reported in 33 Gratt. 351 , the syllabus, which is fully sustained by the case itself, says : “ The judgment against Preston was void and a nullity, the court having no jurisdiction to render a judgment against him, he not having been served with process or appearing in the cause.” Wade v. Hancock, 76 Va. 620 . | 1 | 1895–1895 |
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.