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15 Virginia opinions name it 6 courts 1944–2022 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 |
|---|---|---|
Whitley v. Commonwealthgreen2 sentences2015Whitley v. Commonwealth, 260 Va. 482, 493 , 538 S.E.2d 296, 302 (2000); Cooper Industries v. Melendez, 260 Va. 578, 594 , 537 S.E.2d 580, 590 (2000). 2015Whitley v. Commonwealth, 260 Va. 482, 493 , 538 S.E.2d 296, 302 (2000); Cooper Industries v. Melendez, 260 Va. 578, 594 , 537 S.E.2d 580, 590 (2000). | 4 | 4 |
Cooper Industries, Inc. v. Melendezgreen2 sentences2015Whitley v. Commonwealth, 260 Va. 482, 493 , 538 S.E.2d 296, 302 (2000); Cooper Industries v. Melendez, 260 Va. 578, 594 , 537 S.E.2d 580, 590 (2000). 2005While the party asserting the special plea bears the burden of establishing the defense, Id., it must be remembered that it is ultimately the plaintiffs burden to establish this Court’s jurisdiction. | 2 | 5 |
Byrd v. Stonega Coke & Coal Co.green2 sentences2015See also Byrd v. Stonega Coke & Coal Co., 182 Va. 212, 221 , 28 S.E.2d 725, 729 (1944) (Although a claimant has the burden of establishing his claim, he need not do so beyond all reasonable doubt.). 2015See also Byrd v. Stonega Coke & Coal Co., 182 Va. 212, 221 , 28 S.E.2d 725, 729 (1944) (Although a claimant has the burden of establishing his claim, he need not do so beyond all reasonable doubt.). | 2 | 3 |
Ellis v. Commonwealthgreen2 sentences2015Furthermore, in workers’ compensation cases, “[i]f there be any fair doubt about the facts, they should be resolved in favor of the claimant.” Ellis v. Commonwealth Dep’t of Highways, 182 Va. 293, 304 , 28 S.E.2d 730, 735 (1944) (citing Scott v. Willis, 150 Va. 260 , 142 S.E. 400 (1928)). 2015Furthermore, in workers’ compensation cases, “[i]f there be any fair doubt about the facts, they should be resolved in favor of the claimant.” Ellis v. Commonwealth Dep’t of Highways, 182 Va. 293, 304 , 28 S.E.2d 730, 735 (1944) (citing Scott v. Willis, 150 Va. 260 , 142 S.E. 400 (1928)). | 1 | 1 |
Marlowe v. Commonwealthgreen2 sentences2009“To be timely, an objection must be made when the occasion arises . . . .” Marlowe v. Commonwealth, 2 Va. App. 619, 621 , 347 S.E.2d 167, 168 (1986). 2009“To be timely, an objection must be made when the occasion arises . . . .” Marlowe v. Commonwealth, 2 Va. App. 619, 621 , 347 S.E.2d 167, 168 (1986). | 1 | 1 |
United States v. Elijah Ivory Joe Grant, United States of America v. Maurice Eugene Vaughan, United States of America v. Tyrees Coloza Whiteheadgreen1 sentence1977The burden of establishing such waiver by the preponderance of the evidence, however, rests upon the [prosecution] and that burden is a heavy one, requiring convincing evidence.” United States v. Grant, 549 F.2d 942, 945 (4th Cir. 1977) (footnotes omitted). | 1 | 1 |
Catron v. Bosticgreen2 sentences1972See Catron v. Bostic, 123 Va. 355 , 96 S.E. 845 (1918). 1972See Catron v. Bostic, 123 Va. 355 , 96 S.E. 845 (1918). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Allison v. Brown
green
1 sentence2022And as in any negligence case, the plaintiff “must prove not only that the physician was negligent but also ‘that the negligent act was a proximate cause of her injury.’” Allison, 293 Va. at 629 (quoting Tashman, 263 Va. at 76 ). | 1 | 2022–2022 |
Tashman v. Gibbs
green
2 sentences2022And as in any negligence case, the plaintiff “must prove not only that the physician was negligent but also ‘that the negligent act was a proximate cause of her injury.’” Allison, 293 Va. at 629 (quoting Tashman, 263 Va. at 76 ). 2022Then, “once a plaintiff has met the burden of establishing the standard of care and a deviation from that standard, she may establish by lay testimony that her physician did not disclose certain information regarding risks, and that she had no knowledge of those risks.” Id. | 1 | 2022–2022 |
Scott v. Willis
green
2 sentences2015Furthermore, in workers’ compensation cases, “[i]f there be any fair doubt about the facts, they should be resolved in favor of the claimant.” Ellis v. Commonwealth Dep’t of Highways, 182 Va. 293, 304 , 28 S.E.2d 730, 735 (1944) (citing Scott v. Willis, 150 Va. 260 , 142 S.E. 400 (1928)). 2015Furthermore, in workers’ compensation cases, “[i]f there be any fair doubt about the facts, they should be resolved in favor of the claimant.” Ellis v. Commonwealth Dep’t of Highways, 182 Va. 293, 304 , 28 S.E.2d 730, 735 (1944) (citing Scott v. Willis, 150 Va. 260 , 142 S.E. 400 (1928)). | 1 | 2015–2015 |
Turner, Administrator of Stanley, in Error v. The President, Directors and Company of the Bank of North America
green
1 sentence2005Turner v. Bank of North America, 4 U.S. 8 (1799), see Richmond, Fredericksburg & Potomac RR. v. United States, 945 F.2d 765 , 768 (4th Cir. 1991). | 1 | 2005–2005 |
Richmond, Fredericksburg & Potomac Railroad Company v. United States
green
1 sentence2005Turner v. Bank of North America, 4 U.S. 8 (1799), see Richmond, Fredericksburg & Potomac RR. v. United States, 945 F.2d 765 , 768 (4th Cir. 1991). | 1 | 2005–2005 |
Bly v. Rhoads
green
2 sentences2002Bly, 216 Va. at 649-50 , 222 S.E.2d at 787 . 2002Bly, 216 Va. at 649-50 , 222 S.E.2d at 787 . | 1 | 2002–2002 |
Bristol Builders Supply Co. v. McReynolds
green
2 sentences1944A strong natural inference should tip the scale in favor of the claimant when medical experts materially differ or assign merely probable and conjectural reasons for their conclusion.” In Bristol Builders’ Supply Co. v. McReynolds, 157 Va. 468 , 162 S. E. 8 , this is said: “The general rule is that when an attending physician is positive in his diagnosis of a disease, great weight will be given by the courts to his opinion. 1944A strong natural inference should tip the scale in favor of the claimant when medical experts materially differ or assign merely probable and conjectural reasons for their conclusion.” In Bristol Builders’ Supply Co. v. McReynolds, 157 Va. 468 , 162 S. E. 8 , this is said: “The general rule is that when an attending physician is positive in his diagnosis of a disease, great weight will be given by the courts to his opinion. | 1 | 1944–1944 |
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.