may consider factors (Virginia) · Go Syfert
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may consider factors in Virginia

13 Virginia opinions name it 2 courts 2003–2025 4 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 (5)

CaseFollowedCited
Brandau v. Brandaugreen
vactapp · 2008 · cited in 11 Virginia opinions naming this issue, 2018–2025
2 sentences

2025“Whether to award fees and costs is discretionary,” and “[i]n determining whether to make such an award, the Court may consider factors including whether the requesting party has prevailed, whether the appeal was ‘fairly debatable’ or frivolous, and whether other reasons exist to support an award of attorney[] fees and costs.” Id. (quoting Brandau v. Brandau, 52 Va. App. 632, 642 (2008)); see also Rule 5A:30(a) (providing that “if a judgment is affirmed in part or reversed in part . . . costs will be allowed as ordered by this Court”).

2022Such an award is “discretionary,” and “the Court may consider factors including whether the requesting party has prevailed, whether the appeal was ‘fairly debatable’ or frivolous, and whether other reasons exist to support an award of attorney’s fees and costs.” Id. (citing Brandau v. Brandau, 52 Va. App. 632, 642 (2008)) (other citations omitted).

1011
O'Loughlin v. O'Loughlingreen
vactapp · 1996 · cited in 8 Virginia opinions naming this issue, 2018–2023
2 sentences

2023See Rule 5A:30; accord Brandau v. Brandau, 52 Va. App. 632, 642 (2008); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).

2020See Rule 5A:30(a), (b)(3); Brandau v. Brandau, 52 Va. App. 632, 642 (2008); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).

88
Estate of Hackler v. Hacklergreen
vactapp · 2004 · cited in 2 Virginia opinions naming this issue, 2018–2018
2 sentences

2018See Rule 5A:30(b)(3), (4); Brandau v. Brandau, 52 Va. App. 632, 642 , 666 S.E.2d 532, 538 (2008); Estate of Hackler v. Hackler, 44 Va. App. 51, 75 , 602 S.E.2d 426, 438 (2004); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E.2d 98, 100 (1996).

2018See Rule 5A:30(b)(3), (4); Brandau v. Brandau, 52 Va. App. 632, 642 , 666 S.E.2d 532, 538 (2008); Estate of Hackler v. Hackler, 44 Va. App. 51, 75 , 602 S.E.2d 426, 438 (2004); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E.2d 98, 100 (1996).

22
cluster 728152green
ca9 · 1996 · cited in 1 Virginia opinions naming this issue, 2018–2018
1 sentence

2018See, e.g., Washington v. Lambert, 98 F.3d 1181, 1188-89 (9th Cir. 1996) (holding that in determining whether handcuffing a suspect or drawing weapons during an investigative detention is reasonable, a court may consider factors such as whether the police “have information that the suspect is - 10 - currently armed” or whether “the stop closely follows a violent crime”); United States v. Bautista, 684 F.2d 1286, 1290 (9th Cir. 1982) (noting that handcuffing a suspect “eliminate[s] the possibility of an assault or escape attempt during . . . questioning, particularly if an arrest bec[o]me[s] imm

11
United States v. Juan Manuel Bautista, United States of America v. Javier Cabrera-Martinezgreen
ca9 · 1982 · cited in 1 Virginia opinions naming this issue, 2018–2018
1 sentence

2018See, e.g., Washington v. Lambert, 98 F.3d 1181, 1188-89 (9th Cir. 1996) (holding that in determining whether handcuffing a suspect or drawing weapons during an investigative detention is reasonable, a court may consider factors such as whether the police “have information that the suspect is - 10 - currently armed” or whether “the stop closely follows a violent crime”); United States v. Bautista, 684 F.2d 1286, 1290 (9th Cir. 1982) (noting that handcuffing a suspect “eliminate[s] the possibility of an assault or escape attempt during . . . questioning, particularly if an arrest bec[o]me[s] imm

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Super Fresh Food Markets of Virginia, Inc. v. Ruffin green
va · 2002
1 sentence

2003In Super Fresh, the trial court entered a final judgment on August 23, 2000, and then, on September 12, 2000, “entered an order stating that ‘this court shall retain jurisdiction over this action until such time as this court may consider and rule on Super Fresh’s motion for reconsideration’.” Id. at 559 .

12003–2003

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (9) VA § Va. Code Ann. § 20-107.3 (6) VA § Va. Code Ann. § 20-107.1 (4) VA § Va. Code Ann. § 20-109 (4) VA § Va. Code Ann. § 20-108.1 (3) VA § Va. Code Ann. § 20-124 (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

IN 59 (1981–2025) MI 47 (1985–2025) TX 45 (1984–2025) CA 45 (1965–2026) NY 41 (1977–2026) OH 27 (1998–2025) IL 20 (1977–2024) AL 20 (1984–2025) PA 13 (1987–2024) VA 13 (2003–2025) LA 13 (1989–2021) CO 12 (2003–2025) CT 11 (1981–2024) MO 11 (1975–2021) NE 11 (1988–2025) WI 10 (1992–2026) FL 8 (1989–2023) OR 7 (1992–2018) WA 7 (1913–2023) OK 7 (1993–2017) AR 6 (1980–2025) ID 6 (1984–2023) AZ 5 (2009–2017) NH 5 (1979–2022) NJ 5 (2012–2026) MN 4 (1993–2000) ME 4 (2015–2025) DC 4 (1999–2024) MS 4 (1986–2022) KS 3 (2011–2021) NM 3 (2010–2024) GA 3 (1920–2021) DE 3 (2015–2015) MA 2 (1994–2019) AK 2 (1997–2015) ND 2 (1980–1986) TN 2 (2015–2018)

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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