special plea of sovereign immunity (Virginia) · Go Syfert
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special plea of sovereign immunity in Virginia

9 Virginia opinions name it 6 courts 1998–2024 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.

Followed or applied (5)

CaseFollowedCited
Tomlin v. McKenziegreen
va · 1996 · cited in 3 Virginia opinions naming this issue, 2004–2013
2 sentences

2013In determining the special plea of sovereign immunity, “[t] he facts as stated in the pleadings by the plaintiff are taken as true for the purpose of resolving the special plea.” Id.

2004Tomlin v. McKenzie, 251 Va. 478, 480 , 468 S.E.2d 882, 884 (1996).

13
Lostrangio v. Laingfordgreen
va · 2001 · cited in 2 Virginia opinions naming this issue, 2002–2024
2 sentences

2002Facts and Proceedings Below The special plea of sovereign immunity was submitted to the trial court on the pleadings. “[W]here no evidence is taken in support of a plea in bar, the trial court, and the appellate court upon review, consider solely the pleadings in resolving the issue presented.” Lostrangio v. Laingford, 261 Va. 495, 497 , 544 S.E.2d 357, 358 (2001).

2002Facts and Proceedings Below The special plea of sovereign immunity was submitted to the trial court on the pleadings. “[W]here no evidence is taken in support of a plea in bar, the trial court, and the appellate court upon review, consider solely the pleadings in resolving the issue presented.” Lostrangio v. Laingford, 261 Va. 495, 497 , 544 S.E.2d 357, 358 (2001).

12
City of Chesapeake v. Cunninghamgreen
va · 2004 · cited in 2 Virginia opinions naming this issue, 2005–2006
2 sentences

2005Without doubt, the legal rule “of sovereign immunity is alive and well in Virginia.... a special plea of sovereign immunity, if proven, creates a bar to a plaintiffs claim of recovery.” City of Chesapeake v. Cunningham, 268 Va. 624, 633 , 604 S.E.2d 420 (2004) (internal citations omitted).

2005Without doubt, the legal rule “of sovereign immunity is alive and well in Virginia.... a special plea of sovereign immunity, if proven, creates a bar to a plaintiffs claim of recovery.” City of Chesapeake v. Cunningham, 268 Va. 624, 633 , 604 S.E.2d 420 (2004) (internal citations omitted).

12
Whitley v. Commonwealthgreen
va · 2000 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024The 9 See also Francis, 293 Va. at 171 , and Qiu v. Huang, 77 Va. App. 304 , 317 (2023), both finding a demurrer properly sustained where the challenged pleading did not allege sufficient facts stating a valid cause of action. 10 A special plea of sovereign immunity is a type of “plea in bar” “presenting distinct issues of fact which, if proved, create a bar to the plaintiff’s right of recovery.” Pike, 292 Va. at 215 (quoting Whitley v. Commonwealth, 260 Va. 482, 493 (2000)).

11
James v. Janegreen
va · 1980 · cited in 1 Virginia opinions naming this issue, 1998–1998
2 sentences

1998Based upon its application of the test articulated in James v. Jane, 221 Va. 43, 53 , 282 S.E.2d 864, 869 (1980), the court grants the Special Plea of sovereign immunity for Marriott Management Services Corp., Host Marriott, Marriott Corp., and John E.

1998Based upon its application of the test articulated in James v. Jane, 221 Va. 43, 53 , 282 S.E.2d 864, 869 (1980), the court grants the Special Plea of sovereign immunity for Marriott Management Services Corp., Host Marriott, Marriott Corp., and John E.

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 (3)

CaseCitedYears
Pike v. Hagaman green
va · 2016
1 sentence

2024The 9 See also Francis, 293 Va. at 171 , and Qiu v. Huang, 77 Va. App. 304 , 317 (2023), both finding a demurrer properly sustained where the challenged pleading did not allege sufficient facts stating a valid cause of action. 10 A special plea of sovereign immunity is a type of “plea in bar” “presenting distinct issues of fact which, if proved, create a bar to the plaintiff’s right of recovery.” Pike, 292 Va. at 215 (quoting Whitley v. Commonwealth, 260 Va. 482, 493 (2000)).

12024–2024
Francis v. Nat'l Accrediting Comm'n of Career Arts & Sci., Inc. green
va · 2017
1 sentence

2024The 9 See also Francis, 293 Va. at 171 , and Qiu v. Huang, 77 Va. App. 304 , 317 (2023), both finding a demurrer properly sustained where the challenged pleading did not allege sufficient facts stating a valid cause of action. 10 A special plea of sovereign immunity is a type of “plea in bar” “presenting distinct issues of fact which, if proved, create a bar to the plaintiff’s right of recovery.” Pike, 292 Va. at 215 (quoting Whitley v. Commonwealth, 260 Va. 482, 493 (2000)).

12024–2024
Carter v. Chesterfield County Health Commission green
va · 2000
1 sentence

2012Id.

12012–2012

Statutes the citing opinions construe

VA § Va. Code Ann. § 8.01-195.3 (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.

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