10 Virginia opinions name it 5 courts 1988–2024 2 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 |
|---|---|---|
Intermodal Services, Inc. v. Smithgreen2 sentences1997And the right of control includes not only the power to specify the result to be attained, but the power to control “the means and methods by which the result is to be accomplished.” An employer-employee relationship exists if the party for whom the work is to be done has the power to direct the means and methods by which the other does the work. “[I]f the latter is free to adopt such means and methods as he chooses to accomplish the result, he is not an employee but an independent contractor.” Intermodal Servs., 234 Va. at 601 , 364 S.E.2d at 224 (citations omitted). 1997And the right of control includes not only the power to specify the result to be attained, but the power to control “the means and methods by which the result is to be accomplished.” An employer-employee relationship exists if the party for whom the work is to be done has the power to direct the means and methods by which the other does the work. “[I]f the latter is free to adopt such means and methods as he chooses to accomplish the result, he is not an employee but an independent contractor.” Intermodal Servs., 234 Va. at 601 , 364 S.E.2d at 224 (citations omitted). | 2 | 2 |
Richmond Newspapers, Inc. v. Gillgreen2 sentences2016“The right of control is the determining factor in ascertaining the parties’ status in an analysis of an employment relationship.” Id. 1993And the right of control includes not only the power to specify the result to be obtained, but the power to control “the means and methods by which the result is to be accomplished.” Intermodal Serv., Inc. v. Smith, 234 Va. 596, 601 , 364 S.E.2d 221, 224 (1988) (quoting Richmond Newspapers v. Gill, 224 Va. 92, 98 , 294 S.E.2d 840, 843 (1982) (citation omitted). | 1 | 2 |
Ripper v. Baingreen1 sentence2024Whether a duty exists in a legal malpractice claim is a question of law.6 Generally, attorneys have a duty to “exercise a reasonable degree of care, skill, and dispatch in rendering the services for which the attorney was employed.” Smith v. McLaughlin, 289 Va. 241 , 253 (2015) (quoting Ripper v. Bain, 253 Va. 197, 202-03 (1997)). | 1 | 1 |
Ballance v. Commonwealthgreen1 sentence2023See Palmer, slip op. at 12 (“[T]his Court has charged to a defendant the delay between appointing new counsel for the defendant and the new trial date.” (citing Ballance, 21 Va. App. at 6 )). | 1 | 1 |
Northeast Marine Terminal Co. v. Caputogreen1 sentence2014Northeast Marine Terminal Co. v. Caputo, 432 U.S. 249, 264-65 (1977). | 1 | 1 |
Mount Vernon Builders, Inc. v. Rottygreen2 sentences2003Mount Vernon Builders, Inc. v. Rotty, 28 Va. App. 511, 514 , 507 S.E.2d 95, 96-97 (1998). [Thus,] [t]he right of control is the determining factor in ascertaining the parties' status in an analysis of an employment relationship. 2003Mount Vernon Builders, Inc. v. Rotty, 28 Va. App. 511, 514 , 507 S.E.2d 95, 96-97 (1998). [Thus,] [t]he right of control is the determining factor in ascertaining the parties' status in an analysis of an employment relationship. | 1 | 1 |
Ferguson v. Commonwealthgreen2 sentences2001See, e.g., Ferguson v. Commonwealth, 16 Va. App. 9, 12 , 427 S.E.2d 442, 444-45 (1993). 2001See, e.g., Ferguson v. Commonwealth, 16 Va. App. 9, 12 , 427 S.E.2d 442, 444-45 (1993). | 1 | 1 |
Burnham v. Westgreen1 sentence1992The current status of the doctrine of sovereign immunity in Virginia was thoroughly discussed in Burnham v. West, 681 F. Supp. 1169, 1171-1172 (E.D. | 1 | 1 |
Herb's Welding, Inc. v. Graygreen1 sentence1988Herb’s Welding, Inc. v. Gray, 470 U.S. 414, 423 (1985) (emphasis added). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Demay v. Norfolk Southern Railway Co.
green
1 sentence2014Id. at 914 . | 1 | 2014–2014 |
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.