existence of sovereign immunity (Virginia) · Go Syfert
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existence of sovereign immunity in Virginia

18 Virginia opinions name it 3 courts 2004–2026 11 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 (7)

CaseFollowedCited
City of Chesapeake v. Cunninghamgreen
va · 2004 · cited in 12 Virginia opinions naming this issue, 2008–2026
2 sentences

2026The Commonwealth petitioned this Court for an interlocutory appeal under Code §§ 8.01-626 and 8.01-670.2, which we granted. 1 For the sake of simplicity, we will refer to both defendants collectively as “the Commonwealth.” 2 ANALYSIS “‘The existence of sovereign immunity is a question of law that is reviewed de novo.’” Lee v. City of Norfolk, 281 Va. 423, 439 (2011) (quoting City of Chesapeake v. Cunningham, 268 Va. 624, 633 (2004)).

2026“The existence of sovereign immunity is a question of law that is reviewed de novo.” Id.

1012
Lee v. City of Norfolkgreen
va · 2011 · cited in 7 Virginia opinions naming this issue, 2012–2026
2 sentences

2026The Commonwealth petitioned this Court for an interlocutory appeal under Code §§ 8.01-626 and 8.01-670.2, which we granted. 1 For the sake of simplicity, we will refer to both defendants collectively as “the Commonwealth.” 2 ANALYSIS “‘The existence of sovereign immunity is a question of law that is reviewed de novo.’” Lee v. City of Norfolk, 281 Va. 423, 439 (2011) (quoting City of Chesapeake v. Cunningham, 268 Va. 624, 633 (2004)).

2026“The existence of sovereign immunity is a question of law that is reviewed de novo.” Ellis v. Jolley, ___ Va. ___, ___ (Dec. 11, 2025) (quoting Lee v. City of Norfolk, 281 Va. 423, 439 (2011)).

77
Burns v. Gagnongreen
va · 2012 · cited in 2 Virginia opinions naming this issue, 2024–2024
2 sentences

2024Standard of Review “The existence of sovereign immunity is a question of law that is reviewed de novo.” Burns v. Gagnon, 283 Va. 657, 673 (2012) (quoting Lee v. City of Norfolk, 281 Va. 423, 439 (2011)).

2024Standard of Review “The existence of sovereign immunity is a question of law that is reviewed de novo.” Burns v. Gagnon, 283 Va. 657, 673 (2012) (quoting Lee v. City of Norfolk, 281 Va. 423, 439 (2011)).

22
Gray v. VIRGINIA SECRETARY OF TRANS.green
va · 2008 · cited in 2 Virginia opinions naming this issue, 2010–2011
2 sentences

2011Gray v. Va. Sec’y of Transp., 276 Va. 93, 97 , 662 S.E.2d 66, 68 (2008).

2011Gray v. Va. Sec’y of Transp., 276 Va. 93, 97 , 662 S.E.2d 66, 68 (2008).

22
Frank's v. Rossgreen
ca4 · 2002 · cited in 2 Virginia opinions naming this issue, 2004–2004
2 sentences

2004See Franks v. Ross, 313 F.3d 184, 192 (4th Cir. 2002) (citing Research Triangle Inst. v. Bd. of Governors of the Fed.

2004See Franks v. Ross, 313 F.3d 184 , 192 (4th Cir.2002) (citing Research Triangle Inst. v. Bd. of Governors of the Fed.

22
Messina v. Burdengreen
va · 1984 · cited in 2 Virginia opinions naming this issue, 2025–2025
2 sentences

2025Id. at 308 . “‘The existence of sovereign immunity is a question of law that is reviewed de novo.’” Lee v. City of Norfolk, 281 Va. 423, 439 (2011) (quoting City of Chesapeake v. Cunningham, 268 Va. 624, 633 (2004)).

2025“The doctrine of sovereign immunity is ‘alive and well’ in Virginia.” Niese v. City of Alexandria, 264 Va. 230, 238 (2002) (quoting Messina v. Burden, 228 Va. 301, 307 (1984)).

12
Niese v. City of Alexandriagreen
va · 2002 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025“The doctrine of sovereign immunity is ‘alive and well’ in Virginia.” Niese v. City of Alexandria, 264 Va. 230, 238 (2002) (quoting Messina v. Burden, 228 Va. 301, 307 (1984)).

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (5) VA § Va. Code Ann. § 8.01-195.1 (5) USC § 42u.s.c.1983 (4) VA § Va. Code Ann. § 22.1-71 (4) VA § Va. Code Ann. § 8.01-195.2 (4) VA § Va. Code Ann. § 22.1-28 (3) VA § Va. Code Ann. § 22.1-76 (3)

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.

Where else courts name it

VA 18 (2004–2026) MO 5 (2012–2023) FL 2 (1985–2000)

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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