17 Virginia opinions name it 7 courts 1851–2022 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.
| Case | Followed | Cited |
|---|---|---|
Celanese Fibers Co. v. Johnsongreen2 sentences2015In order to terminate an award of benefits based upon a release to work, the injured employee must be “able fully to perform the duties of his preinjury employment.” Celanese Fibers Co. v. Johnson, 1 The Court notes that the commission made a finding that correspondence in the record indicated that claimant “became aware of the application and its contents well before the Deputy Commissioner’s hearing.” Thus, there is no evidence that claimant suffered prejudice, because both claimant and his counsel received actual notice of the employer’s application for a hearing well before the hearing too 2015In order to terminate an award of benefits based upon a release to work, the injured employee must be “able fully to perform the duties of his preinjury employment.” Celanese Fibers Co. v. Johnson, 1 The Court notes that the commission made a finding that correspondence in the record indicated that claimant “became aware of the application and its contents well before the Deputy Commissioner’s hearing.” Thus, there is no evidence that claimant suffered prejudice, because both claimant and his counsel received actual notice of the employer’s application for a hearing well before the hearing too | 1 | 1 |
Berner v. Millsgreen2 sentences2010See Berner v. Mills, 265 Va. 408, 414 , 579 S.E.2d 159, 161-62 (2003). 2010See Berner v. Mills, 265 Va. 408, 414 , 579 S.E.2d 159, 161-62 (2003). | 1 | 1 |
Bowers' adm'r v. Bowersgreen1 sentence2005See, Bowers v. Bowers, 70 Va. (29 Gratt.) 697, 700 (1878). | 1 | 1 |
Wood v. Bass Pro Shops, Inc.green2 sentences2002At the Commissioner’s hearing, Tad Stephenson bristled at the “secretaiy” title being applied to Watson, claiming it involves a “play on words.” Id. at 145. 2002He referred to her as a “helper at the office.” Id. | 1 | 1 |
Boggs v. Duncangreen1 sentence1997Furthermore, Defendants claim that no evidence was presented at the Commissioner’s hearing to support this award. "[DJamages are recoverable for loss of profits prevented by a breach of contract only to the extent that the evidence affords a sufficient basis for estimating their amount in money with reasonable certainty." Boggs v. Duncan, 202 Va. 877, 883 (1961). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
William J. Fahey v. Mary Lucretia Fahey
green
2 sentences1999Citing Code § 20-107.3(A) and Fahey v. Fahey, 24 Va.App. 254 , 481 S.E.2d 496 (1997) (en banc), the court reversed itself on the issue of appreciation, according the investment accounts the value which was established at the Commissioner’s hearing and ruling that any appreciation enjoyed by the accounts after the valuation date would be awarded to husband as the holder of the accounts. 2 We find no error in the decision of the court to exclude from wife’s award any appreciation of the investment accounts. *290 Wife’s reliance on Wagner v. Wagner, 16 Va.App. 529 , 431 S.E.2d 77 (1993) (en banc) 1999Citing Code § 20-107.3(A) and Fahey v. Fahey, 24 Va.App. 254 , 481 S.E.2d 496 (1997) (en banc), the court reversed itself on the issue of appreciation, according the investment accounts the value which was established at the Commissioner’s hearing and ruling that any appreciation enjoyed by the accounts after the valuation date would be awarded to husband as the holder of the accounts. 2 We find no error in the decision of the court to exclude from wife’s award any appreciation of the investment accounts. *290 Wife’s reliance on Wagner v. Wagner, 16 Va.App. 529 , 431 S.E.2d 77 (1993) (en banc) | 2 | 1999–1999 |
State Health Comissioner v. Sentara Norfolk General Hospital
green
1 sentence2022Hosp., 260 Va. 267 (2000), held that the Commissioner’s error of law in misinterpreting the SMFP under 12 VAC § 5-230-450(A)(2) was harmless error, because the project’s consistency with the SMFP was only one of eight reasons cited by the Commissioner in denying CRMC’s application, and thus was not substantial in 5 nature. | 1 | 2022–2022 |
Johnston-Willis, Ltd. v. Kenley
green
2 sentences2005Instead, the Commissioner contends, in reliance on a reversible-error standard applied by this Court in Johnston-Willis, Ltd., 6 Va.App. at 258 , 369 S.E.2d at 16 , that all of these procedural violations by the local department were mere harmless error because West did not demonstrate that he was prejudiced by the violations or that “a contrary result would have been reached” had the violations not occurred. 2005Instead, the Commissioner contends, in reliance on a reversible-error standard applied by this Court in Johnston-Willis, Ltd., 6 Va.App. at 258 , 369 S.E.2d at 16 , that all of these procedural violations by the local department were mere harmless error because West did not demonstrate that he was prejudiced by the violations or that “a contrary result would have been reached” had the violations not occurred. | 1 | 2005–2005 |
Hollander v. World Mission Church of Washington, D.C.
green
1 sentence2004Furthermore, the court is not persuaded that the case at bar is controlled by Hollander v. World Mission Church, 225 Va. 440 , 498 S.E.2d 419 (1998). | 1 | 2004–2004 |
Phillips v. Telum, Inc.
green
2 sentences2003In Phillips v. Telum, Inc., 223 Va. 585 (1982), the Court held that issues without remedy during the appeal process may be raised de novo during the appeal process. 2003In Phillips v. Telum, Inc., 223 Va. 585 (1982), the Court held that issues without remedy during the appeal process may be raised de novo during the appeal process. | 1 | 2003–2003 |
Smith v. Ottley
green
1 sentence2002(Tr. of July 9,2001, p. 54.) Undoubtedly the heirs at law were unhappy that Mr. Holstead left the residue of his substantial estate for the construction of a memorial to be known as “The Holstead Monument.” 144 Va. at 409 . | 1 | 2002–2002 |
Roanoke Memorial Hospitals v. Kenley
green
2 sentences2001Id. at 607-08 , 352 S.E.2d at 530 . *480 Thus, we give deference to the CVHPA’s determination, implicit in its recommendation that the Commissioner issue the requested COPN, that issuance of the COPN was consistent with the SMFP. 2001Id. at 607-08 , 352 S.E.2d at 530 . *480 Thus, we give deference to the CVHPA’s determination, implicit in its recommendation that the Commissioner issue the requested COPN, that issuance of the COPN was consistent with the SMFP. | 1 | 2001–2001 |
Wagner v. Wagner
green
2 sentences1999Citing Code § 20-107.3(A) and Fahey v. Fahey, 24 Va.App. 254 , 481 S.E.2d 496 (1997) (en banc), the court reversed itself on the issue of appreciation, according the investment accounts the value which was established at the Commissioner’s hearing and ruling that any appreciation enjoyed by the accounts after the valuation date would be awarded to husband as the holder of the accounts. 2 We find no error in the decision of the court to exclude from wife’s award any appreciation of the investment accounts. *290 Wife’s reliance on Wagner v. Wagner, 16 Va.App. 529 , 431 S.E.2d 77 (1993) (en banc) 1999Citing Code § 20-107.3(A) and Fahey v. Fahey, 24 Va.App. 254 , 481 S.E.2d 496 (1997) (en banc), the court reversed itself on the issue of appreciation, according the investment accounts the value which was established at the Commissioner’s hearing and ruling that any appreciation enjoyed by the accounts after the valuation date would be awarded to husband as the holder of the accounts. 2 We find no error in the decision of the court to exclude from wife’s award any appreciation of the investment accounts. *290 Wife’s reliance on Wagner v. Wagner, 16 Va.App. 529 , 431 S.E.2d 77 (1993) (en banc) | 1 | 1999–1999 |
Mitchell v. Mitchell
green
2 sentences1999Citing Code § 20-107.3(A) and Fahey v. Fahey, 24 Va.App. 254 , 481 S.E.2d 496 (1997) (en banc), the court reversed itself on the issue of appreciation, according the investment accounts the value which was established at the Commissioner’s hearing and ruling that any appreciation enjoyed by the accounts after the valuation date would be awarded to husband as the holder of the accounts. 2 We find no error in the decision of the court to exclude from wife’s award any appreciation of the investment accounts. *290 Wife’s reliance on Wagner v. Wagner, 16 Va.App. 529 , 431 S.E.2d 77 (1993) (en banc) 1999Citing Code § 20-107.3(A) and Fahey v. Fahey, 24 Va.App. 254 , 481 S.E.2d 496 (1997) (en banc), the court reversed itself on the issue of appreciation, according the investment accounts the value which was established at the Commissioner’s hearing and ruling that any appreciation enjoyed by the accounts after the valuation date would be awarded to husband as the holder of the accounts. 2 We find no error in the decision of the court to exclude from wife’s award any appreciation of the investment accounts. *290 Wife’s reliance on Wagner v. Wagner, 16 Va.App. 529 , 431 S.E.2d 77 (1993) (en banc) | 1 | 1999–1999 |
HW Miller Trucking Company v. Flood
green
2 sentences1966He contends that it is argumentative; that it “calls attention to one specific item and gives undue and unfair attention to this one specific item”, and that it has a tendency “to mislead the commissioners into thinking that the Highway Department * * * is acquiring an additional right over and above that which is acquired in the ordinary condemnation case.” In Trucking Company v. Flood, 203 Va. 934, 937 , 128 S.E.2d 437 , we said: “An instruction which is confusing, argumentative, long, and merely an attempt on plaintiff’s part to have the court apparently agree with his theory of the case sh 1966He contends that it is argumentative; that it “calls attention to one specific item and gives undue and unfair attention to this one specific item”, and that it has a tendency “to mislead the commissioners into thinking that the Highway Department * * * is acquiring an additional right over and above that which is acquired in the ordinary condemnation case.” In Trucking Company v. Flood, 203 Va. 934, 937 , 128 S.E.2d 437 , we said: “An instruction which is confusing, argumentative, long, and merely an attempt on plaintiff’s part to have the court apparently agree with his theory of the case sh | 1 | 1966–1966 |
Kramer Brothers Co. v. Powers
green
2 sentences1953We measure the finding of the commissioner by the rule stated in Kramer Brothers Co. v. Powers, 195 Va. 131, 134-135 , 77 S. E. (2d) 468, 470 , “that the report of a commissioner, when the evidence has been taken before him, as was done in this case, is entitled to great weight and it should not be disturbed unless the commissioner’s conclusions are clearly unsupported.” The record discloses ample evidence to support the finding. 1953We measure the finding of the commissioner by the rule stated in Kramer Brothers Co. v. Powers, 195 Va. 131, 134-135 , 77 S. E. (2d) 468, 470 , “that the report of a commissioner, when the evidence has been taken before him, as was done in this case, is entitled to great weight and it should not be disturbed unless the commissioner’s conclusions are clearly unsupported.” The record discloses ample evidence to support the finding. | 1 | 1953–1953 |
Welsh v. Solenberger
green
2 sentences1854Welsh v. Solenberger, 85 Va. 441 , 8 S. E. 1854Welsh v. Solenberger, 85 Va. 441 , 8 S. E. | 1 | 1854–1854 |
Horton v. Bond
green
1 sentence1851Horton v. Bond, 28 Gratt. 815 . | 1 | 1851–1851 |
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.