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11 Virginia opinions name it 3 courts 1988–2025 5 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 |
|---|---|---|
Martin v. Phillipsgreen2 sentences2024“The primary significance of a presumption is that it operates to shift to the opposing party the burden of producing evidence tending to rebut the presumption.” Id. (quoting Martin, 235 Va. at 526 ). 2024“The primary significance of a presumption is that it operates to shift to the opposing party the burden of - 19 - producing evidence tending to rebut the presumption.” Id. (quoting Martin v. Phillips, 235 Va. 523, 526 (1988)). | 4 | 6 |
Centra Health, Inc. v. Mullinsgreen1 sentence2025See Mertz v. Sullivan, 82 Va. App. 762 , 790 (2024) (“The primary significance of a presumption is that it operates to shift to the opposing party the burden of producing evidence tending to rebut the presumption.”) (citation modified); Centra Health, Inc. v. Mullins, 277 Va. 59, 81 (2009) (“A jury is presumed to follow the court’s instructions, and an appellant who challenges a verdict bears the burden of rebutting that presumption.”); Stump v. Doe, 250 Va. 57, 62 (1995) (“Since the court took prompt and appropriate action to remove the plaintiff’s improper statement from jury consideration, | 1 | 1 |
Stump v. Doegreen1 sentence2025See Mertz v. Sullivan, 82 Va. App. 762 , 790 (2024) (“The primary significance of a presumption is that it operates to shift to the opposing party the burden of producing evidence tending to rebut the presumption.”) (citation modified); Centra Health, Inc. v. Mullins, 277 Va. 59, 81 (2009) (“A jury is presumed to follow the court’s instructions, and an appellant who challenges a verdict bears the burden of rebutting that presumption.”); Stump v. Doe, 250 Va. 57, 62 (1995) (“Since the court took prompt and appropriate action to remove the plaintiff’s improper statement from jury consideration, | 1 | 1 |
LeVasseur v. Commonwealthgreen1 sentence2025See Mertz v. Sullivan, 82 Va. App. 762 , 790 (2024) (“The primary significance of a presumption is that it operates to shift to the opposing party the burden of producing evidence tending to rebut the presumption.”) (citation modified); Centra Health, Inc. v. Mullins, 277 Va. 59, 81 (2009) (“A jury is presumed to follow the court’s instructions, and an appellant who challenges a verdict bears the burden of rebutting that presumption.”); Stump v. Doe, 250 Va. 57, 62 (1995) (“Since the court took prompt and appropriate action to remove the plaintiff’s improper statement from jury consideration, | 1 | 1 |
Gibbs v. Gibbsgreen2 sentences2012In a will contest, “the proponent of the will is entitled to a presumption that testamentary capacity existed by proving compliance with all statutory requirements for the valid execution of the will.” Gibbs v. Gibbs, 239 Va. 197, 200 , 387 S.E.2d 499, 501 (1990). 2012In a will contest, “the proponent of the will is entitled to a presumption that testamentary capacity existed by proving compliance with all statutory requirements for the valid execution of the will.” Gibbs v. Gibbs, 239 Va. 197, 200 , 387 S.E.2d 499, 501 (1990). | 1 | 1 |
City of Norfolk v. Lillardgreen2 sentences1997Here, “[t]he effect of the presumption is to eliminate the need for a claimant to prove a causal connection between his disease and his employment.” City of Norfolk v. Lillard, 15 Va.App. 424, 426 , 424 S.E.2d 243, 244-45 (1992). 1997Here, “[t]he effect of the presumption is to eliminate the need for a claimant to prove a causal connection between his disease and his employment.” City of Norfolk v. Lillard, 15 Va.App. 424, 426 , 424 S.E.2d 243, 244-45 (1992). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Simpson v. Simpson
green
2 sentences2024“The primary significance of a presumption is that it operates to shift to the opposing party the burden of producing evidence tending to rebut the presumption.” Id. (quoting Martin, 235 Va. at 526 ). 2024“The primary significance of a presumption is that it operates to shift to the opposing party the burden of - 19 - producing evidence tending to rebut the presumption.” Id. (quoting Martin v. Phillips, 235 Va. 523, 526 (1988)). | 5 | 1988–2024 |
In Re WINSHIP
green
2 sentences2013Relying on decisions such as In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970), which explain the significance of the presumption of innocence that is afforded to a defendant in a criminal trial, appellant cites to the presumption of innocence to support his argument that one must be convicted of the sexual offense to satisfy subparagraph (4). 2013Relying on decisions such as In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970), which explain the significance of the presumption of innocence that is afforded to a defendant in a criminal trial, appellant cites to the presumption of innocence to support his argument that one must be convicted of the sexual offense to satisfy subparagraph (4). | 1 | 2013–2013 |
Town of Phoebus v. Manhattan Social Club
green
1 sentence2013The Court has acknowledged that the doctrine may appear to be somewhat "harsh." Town of Phoebus, 105 Va. at 149 , 52 S.E. at 840 . 5 Early on, however, the Court explained the significance of the doctrine in advancing certainty and finality between parties in the resolution of their legal affairs; and aptly noted that, without it, "the payment of money would soon become but the parent of a suit, and the settlement of an account the harbinger of litigation." Judah, 32 Va. (5 Leigh) at 322 (Tucker, J., concurring). 5 See also Judah, 32 Va. (5 Leigh) at 319 (explaining that the doctrine "may some | 1 | 2013–2013 |
Gazette, Inc. v. Harris
green
2 sentences2001Five years later, the court handed down the matter of The Gazette v. Harris, 229 Va. 1 , 325 S.E.2d 713 (1985), which does deal directly with punitives. 2001Five years later, the court handed down the matter of The Gazette v. Harris, 229 Va. 1 , 325 S.E.2d 713 (1985), which does deal directly with punitives. | 1 | 2001–2001 |
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.