acknowledged defense (Virginia) · Go Syfert
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acknowledged defense in Virginia

11 Virginia opinions name it 3 courts 1883–2023 3 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
McDermott, Inc. v. AmClydegreen
scotus · 1994 · cited in 3 Virginia opinions naming this issue, 2023–2023
2 sentences

2023Indeed, that was the basis of the Llewellyn decision: the Court acknowledged that the waiver of subrogation could lead to a double recovery but noted that the “‘law contains no rigid rule against overcompensation,’ and ‘making tortfeasors pay for the damage they cause can be more important than preventing overcompensation.’” Llewellyn, 297 Va. at 601 (quoting McDermott, Inc. v. AmClyde, 511 U.S. 202, 219 (1994)).

2023Indeed, that was the basis of the Llewellyn decision: the Court acknowledged that the waiver of subrogation could lead to a double recovery but noted that the “‘law contains no rigid rule against overcompensation,’ and ‘making tortfeasors pay for the damage they cause can be more important than preventing overcompensation.’” Llewellyn, 297 Va. at 601 (quoting McDermott, Inc. v. AmClyde, 511 U.S. 202, 219 (1994)).

33
United States v. Barrentinegreen
· 1979 · cited in 2 Virginia opinions naming this issue, 1994–1994
2 sentences

1994In this context the Court held: “Cross-examination on a part of a transaction enables the opposing party to elicit evidence on redirect examination of the whole transaction at least to the extent that it relates to the same subject.” Id. at 540, 273 S.E.2d at 53 (quoting United States v. Barrentine, 591 F.2d 1069, 1081 (5th Cir.), cert. denied, 444 U.S. 990 (1979)).

1994In this context the Court held: "Cross-examination on a part of a transaction enables the opposing party to elicit evidence on redirect examination of the whole transaction at least to the extent that it relates to the same subject." Id. at 540, 273 S.E.2d at 53 (quoting United States v. Barrentine, 591 F.2d 1069, 1081 (5th Cir.), cert. denied, 444 U.S. 990 , 100 S.Ct. 521 , 62 L.Ed.2d 419 (1979)).

22
In Re WINSHIPgreen
scotus · 1970 · cited in 1 Virginia opinions naming this issue, 2003–2003
1 sentence

2003Analysis The burden of proof upon the state in a criminal case was given constitutional status in In re Winship, 397 U.S. 358, 364 (1970) wherein the Court stated “that the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.” Later, with an analysis of the history of the use of the “beyond a reasonable doubt” standard, the Court acknowledged that the standard “defies easy explication,” but held the following: The beyond a reasonable doubt standard is a requirement of due

11
Milton v. Texasgreen
scotus · 1981 · cited in 1 Virginia opinions naming this issue, 1994–1994
1 sentence

1994In this context the Court held: "Cross-examination on a part of a transaction enables the opposing party to elicit evidence on redirect examination of the whole transaction at least to the extent that it relates to the same subject." Id. at 540, 273 S.E.2d at 53 (quoting United States v. Barrentine, 591 F.2d 1069, 1081 (5th Cir.), cert. denied, 444 U.S. 990 , 100 S.Ct. 521 , 62 L.Ed.2d 419 (1979)).

11
Johnson v. Commonwealthgreen
va · 1981 · cited in 1 Virginia opinions naming this issue, 1993–1993
2 sentences

1993See Johnson v. Commonwealth, 221 Va. 736, 743-44 , 273 S.E.2d 784, 789 , cert. denied, 454 U.S. 920 (1981).

1993See Johnson v. Commonwealth, 221 Va. 736, 743-44 , 273 S.E.2d 784, 789 , cert. denied, 454 U.S. 920 (1981).

11
Johnson v. Virginiagreen
scotus · 1981 · cited in 1 Virginia opinions naming this issue, 1993–1993
1 sentence

1993See Johnson v. Commonwealth, 221 Va. 736, 743-44 , 273 S.E.2d 784, 789 , cert. denied, 454 U.S. 920 (1981).

11
Shackelford v. Shackelfordgreen
va · 1943 · cited in 1 Virginia opinions naming this issue, 1988–1988
2 sentences

1988Shackleford v. Shackleford, 181 Va. 869, 877-78 , 27 S.E.2d 354, 358 (1943).

1988Shackleford v. Shackleford, 181 Va. 869, 877-78 , 27 S.E.2d 354, 358 (1943).

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 (8)

CaseCitedYears
Hairston v. Harward green
nc · 2018
2 sentences

2023Additionally, the North Carolina case on which the Llewellyn Court chiefly relied, involved a situation where the subrogee “waived its subrogation rights against defendant.” Hairston, 821 S.E.2d at 387 .

2023Additionally, the North Carolina case on which the Llewellyn Court chiefly relied, involved a situation where the subrogee “waived its subrogation rights against defendant.” Hairston, 821 S.E.2d at 387 .

32023–2023
Briley v. Commonwealth green
va · 1980
2 sentences

1994In this context the Court held: “Cross-examination on a part of a transaction enables the opposing party to elicit evidence on redirect examination of the whole transaction at least to the extent that it relates to the same subject.” Id. at 540, 273 S.E.2d at 53 (quoting United States v. Barrentine, 591 F.2d 1069, 1081 (5th Cir.), cert. denied, 444 U.S. 990 (1979)).

1994In this context the Court held: "Cross-examination on a part of a transaction enables the opposing party to elicit evidence on redirect examination of the whole transaction at least to the extent that it relates to the same subject." Id. at 540, 273 S.E.2d at 53 (quoting United States v. Barrentine, 591 F.2d 1069, 1081 (5th Cir.), cert. denied, 444 U.S. 990 , 100 S.Ct. 521 , 62 L.Ed.2d 419 (1979)).

21994–1994
Mohasco Corp. v. Silver green
scotus · 1979
2 sentences

1994In this context the Court held: “Cross-examination on a part of a transaction enables the opposing party to elicit evidence on redirect examination of the whole transaction at least to the extent that it relates to the same subject.” Id. at 540, 273 S.E.2d at 53 (quoting United States v. Barrentine, 591 F.2d 1069, 1081 (5th Cir.), cert. denied, 444 U.S. 990 (1979)).

1994In this context the Court held: "Cross-examination on a part of a transaction enables the opposing party to elicit evidence on redirect examination of the whole transaction at least to the extent that it relates to the same subject." Id. at 540, 273 S.E.2d at 53 (quoting United States v. Barrentine, 591 F.2d 1069, 1081 (5th Cir.), cert. denied, 444 U.S. 990 , 100 S.Ct. 521 , 62 L.Ed.2d 419 (1979)).

21994–1994
Levy v. United States green
scotus · 1979
1 sentence

1994In this context the Court held: "Cross-examination on a part of a transaction enables the opposing party to elicit evidence on redirect examination of the whole transaction at least to the extent that it relates to the same subject." Id. at 540, 273 S.E.2d at 53 (quoting United States v. Barrentine, 591 F.2d 1069, 1081 (5th Cir.), cert. denied, 444 U.S. 990 , 100 S.Ct. 521 , 62 L.Ed.2d 419 (1979)).

11994–1994
Genins v. Geiger green
scotus · 1979
1 sentence

1994In this context the Court held: "Cross-examination on a part of a transaction enables the opposing party to elicit evidence on redirect examination of the whole transaction at least to the extent that it relates to the same subject." Id. at 540, 273 S.E.2d at 53 (quoting United States v. Barrentine, 591 F.2d 1069, 1081 (5th Cir.), cert. denied, 444 U.S. 990 , 100 S.Ct. 521 , 62 L.Ed.2d 419 (1979)).

11994–1994
Norfolk & Western Railway Co. v. Williams green
va · 1990
1 sentence

1990In Norfolk and Western Railway Co. v. Williams, 239 Va. 390 (1990), the court acknowledged the presumption of correctness in the plaintiff's choice of forum but said "the presumption cannot be enhanced simply because the action arises under FELA.

11990–1990
Kinnier's Adm'r v. Woodson neutral
va · 1897
2 sentences

1915In order to meet the acknowledged presumption of law against the good faith of the appellant’s position, she invokes the doctrine announced in the case of Kinnier v. Woodson, 94 Va. 711 , 27 S. E. 457 .

1915In order to meet the acknowledged presumption of law against the good faith of the appellant’s position, she invokes the doctrine announced in the case of Kinnier v. Woodson, 94 Va. 711 , 27 S. E. 457 .

11915–1915
Lessee of Mercer v. Selden neutral
· 1843
1 sentence

1883It is an acknowledged rule, that where there are two or more coexisting disabilities in the same person, when his right of action accrues, he is not obliged, to act until the last is removed. 2 Sugden on Vendors, 103-482; Mercer’s Lessee v. Selden, 1 Howard, 37 .

11883–1883

Statutes the citing opinions construe

VA § Va. Code Ann. § 18.2-248 (3) VA § Va. Code Ann. § 38.2-2206 (3) VA § Va. Code Ann. § 38.2-3405 (3) VA § Va. Code Ann. § 8.01-35.1 (3) VA § Va. Code Ann. § 8.01-455 (3) VA § Va. Code Ann. § 8.01-56 (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

CA 44 (1971–2026) IL 38 (1875–2025) TX 34 (1859–2025) NY 25 (1806–2013) PA 23 (1843–2025) CT 20 (1884–2019) MI 17 (1871–2025) NJ 16 (1922–2026) IN 14 (1871–2019) OH 13 (1903–2023) LA 13 (1909–2019) FL 11 (1958–2015) VA 11 (1883–2023) AL 11 (1844–2007) DC 9 (1986–2026) OR 8 (1998–2023) MD 8 (1851–2022) MO 8 (1887–2010) NC 8 (1909–2020) WA 8 (1984–2009) WI 8 (1975–2024) GA 7 (1908–2019) SC 6 (1948–2007) AR 6 (1973–2010) AZ 6 (1997–2024) IA 5 (1930–2018) OK 5 (1984–2010) WY 5 (1993–2007) MS 5 (1874–2024) CO 4 (1984–2012) ME 4 (1971–1979) UT 4 (2003–2019) NM 4 (1982–2021) SD 3 (1894–2006) WV 3 (1977–2007) RI 3 (1989–2004) ID 3 (1984–2015) KS 3 (1893–1999) KY 3 (1895–2023) MA 3 (1997–2019) TN 3 (1853–1999) MN 2 (1982–2015) NE 2 (1888–2015) HI 2 (1859–2012) MT 2 (1987–2025)

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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