vigorous defense (Virginia) · Go Syfert
← Virginia issues

vigorous defense in Virginia

9 Virginia opinions name it 1 courts 1993–2025 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.

Followed or applied (7)

CaseFollowedCited
Feigley v. Commonwealthgreen
vactapp · 1993 · cited in 5 Virginia opinions naming this issue, 1997–2025
2 sentences

2018See Feigley, 16 Va. App. at 721 , 432 S.E.2d at 523 (noting that prejudice may be shown if “court-appointed attorney conducted an inadequate investigation, was unprepared for trial, or failed to pursue a vigorous defense”).

2018See Feigley, 16 Va. App. at 721 , 432 S.E.2d at 523 (noting that prejudice may be shown if “court-appointed attorney conducted an inadequate investigation, was unprepared for trial, or failed to pursue a vigorous defense”).

15
United States v. Michael Randgreen
ca4 · 2016 · cited in 1 Virginia opinions naming this issue, 2023–2023
1 sentence

2023See United States v. Rand, 835 F.3d 451, 460, 462 (4th Cir. 2016) (holding that the constitutional error of excluding a small portion of the defendant’s testimony about his confession was harmless given “the overwhelming evidence” and his “opportunity to present a vigorous defense” and “explain ‘what was in his mind’ during his various interviews,” “albeit in a slightly limited way”). - 37 - CONCLUSION We hold that the trial court did not commit reversible error in any of the ways that the appellant alleges.

11
Cardwell v. Commonwealthgreen
va · 1994 · cited in 1 Virginia opinions naming this issue, 1997–1997
2 sentences

1997The requisite prejudice must be established by affirmative proof, see Cardwell v. Commonwealth, 248 Va. 501, 509 , 450 S.E.2d 146, 151 (1994), which may include evidence "that the court-appointed attorney conducted an inadequate investigation, was unprepared for trial, or failed to pursue a vigorous defense." Feigley, 16 Va. App. at 721 , 432 S.E.2d at 523 .

1997The requisite prejudice must be established by affirmative proof, see Cardwell v. Commonwealth, 248 Va. 501, 509 , 450 S.E.2d 146, 151 (1994), which may include evidence "that the court-appointed attorney conducted an inadequate investigation, was unprepared for trial, or failed to pursue a vigorous defense." Feigley, 16 Va. App. at 721 , 432 S.E.2d at 523 .

11
Board of Supervisors of Henrico County v. Martingreen
vactapp · 1986 · cited in 1 Virginia opinions naming this issue, 1994–1994
2 sentences

1994Because we are guided by the well settled principle that “the Workers’ Compensation Law should be construed liberally in favor of the worker,” Board of Supervisors v. Martin, 3 Va. App. 139, 146 , 348 S.E.2d 540, 543 (1986), we are persuaded by the authorities cited herein and find that the phrase “prejudiced thereby,” as used in Code § 65.2-600(D), does not encompass a statutory employer’s economic loss from the inability to obtain indemnification.

1994Because we are guided by the well settled principle that “the Workers’ Compensation Law should be construed liberally in favor of the worker,” Board of Supervisors v. Martin, 3 Va. App. 139, 146 , 348 S.E.2d 540, 543 (1986), we are persuaded by the authorities cited herein and find that the phrase “prejudiced thereby,” as used in Code § 65.2-600(D), does not encompass a statutory employer’s economic loss from the inability to obtain indemnification.

11
Hannick v. Kelly Temporary Servicesgreen
moctapp · 1993 · cited in 1 Virginia opinions naming this issue, 1994–1994
1 sentence

1994Richard Bogese Builder, Inc. v. Robertson, 17 Va. App. 700, 706-07 , 440 S.E.2d 622, 626 (1994) (affirming commission’s finding of no prejudice based on evidence that statutory employer “ ‘presented a vigorous defense’ . . . and the record shows that [claimant] received immediate treatment for his injuries”); Hannick v. Kelly Temporary Servs., 855 S.W.2d 497, 499 (Mo. Ct. App. 1993) (delay did not hinder employer’s ability to minimize injury or investigate case); Pacific Fruit Express v. Industrial Comm’n, 153 Ariz. 210, 215-16 , 735 P.2d 820, 825-26 (1987) (en banc) (lack of prejudice may be

11
Pacific Fruit Express v. Industrial Commissiongreen
ariz · 1987 · cited in 1 Virginia opinions naming this issue, 1994–1994
2 sentences

1994Richard Bogese Builder, Inc. v. Robertson, 17 Va. App. 700, 706-07 , 440 S.E.2d 622, 626 (1994) (affirming commission’s finding of no prejudice based on evidence that statutory employer “ ‘presented a vigorous defense’ . . . and the record shows that [claimant] received immediate treatment for his injuries”); Hannick v. Kelly Temporary Servs., 855 S.W.2d 497, 499 (Mo. Ct. App. 1993) (delay did not hinder employer’s ability to minimize injury or investigate case); Pacific Fruit Express v. Industrial Comm’n, 153 Ariz. 210, 215-16 , 735 P.2d 820, 825-26 (1987) (en banc) (lack of prejudice may be

1994Richard Bogese Builder, Inc. v. Robertson, 17 Va. App. 700, 706-07 , 440 S.E.2d 622, 626 (1994) (affirming commission’s finding of no prejudice based on evidence that statutory employer “ ‘presented a vigorous defense’ . . . and the record shows that [claimant] received immediate treatment for his injuries”); Hannick v. Kelly Temporary Servs., 855 S.W.2d 497, 499 (Mo. Ct. App. 1993) (delay did not hinder employer’s ability to minimize injury or investigate case); Pacific Fruit Express v. Industrial Comm’n, 153 Ariz. 210, 215-16 , 735 P.2d 820, 825-26 (1987) (en banc) (lack of prejudice may be

11
C. Richard Bogese Builder, Inc. v. Robertsongreen
vactapp · 1994 · cited in 1 Virginia opinions naming this issue, 1994–1994
2 sentences

1994Richard Bogese Builder, Inc. v. Robertson, 17 Va. App. 700, 706-07 , 440 S.E.2d 622, 626 (1994) (affirming commission’s finding of no prejudice based on evidence that statutory employer “ ‘presented a vigorous defense’ . . . and the record shows that [claimant] received immediate treatment for his injuries”); Hannick v. Kelly Temporary Servs., 855 S.W.2d 497, 499 (Mo. Ct. App. 1993) (delay did not hinder employer’s ability to minimize injury or investigate case); Pacific Fruit Express v. Industrial Comm’n, 153 Ariz. 210, 215-16 , 735 P.2d 820, 825-26 (1987) (en banc) (lack of prejudice may be

1994Richard Bogese Builder, Inc. v. Robertson, 17 Va. App. 700, 706-07 , 440 S.E.2d 622, 626 (1994) (affirming commission’s finding of no prejudice based on evidence that statutory employer “ ‘presented a vigorous defense’ . . . and the record shows that [claimant] received immediate treatment for his injuries”); Hannick v. Kelly Temporary Servs., 855 S.W.2d 497, 499 (Mo. Ct. App. 1993) (delay did not hinder employer’s ability to minimize injury or investigate case); Pacific Fruit Express v. Industrial Comm’n, 153 Ariz. 210, 215-16 , 735 P.2d 820, 825-26 (1987) (en banc) (lack of prejudice may be

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 (2)

CaseCitedYears
United States v. Lisa Jones green
ca2 · 1990
2 sentences

2019Id. (citing Jones, 900 F.2d at 519 ).

1993Jones, 900 F.2d at 519 .

21993–2019
Arguello v. United States green
scotus · 1990
1 sentence

2019Id. (citing Jones, 900 F.2d at 519 ).

12019–2019

Where else courts name it

CA 40 (1946–2026) NY 34 (1972–2021) IL 25 (1975–2022) TX 20 (1968–2024) PA 10 (1927–2024) CO 10 (1979–2022) WA 10 (1916–2021) NJ 10 (1951–2026) VA 9 (1993–2025) IA 8 (1985–2018) MA 8 (1982–2017) OH 7 (2001–2025) WI 7 (1899–2019) MD 7 (1971–2019) GA 7 (1983–2014) DC 6 (1980–2025) MO 5 (1902–2015) FL 5 (1967–2007) IN 4 (1980–1998) WY 4 (2000–2024) CT 4 (1993–2024) NE 3 (1921–2018) AZ 3 (1982–2019) KY 3 (1973–2006) NH 2 (1990–1995) MT 2 (1962–1991) TN 2 (2003–2024) LA 2 (1998–2007) MI 2 (1977–1996) WV 2 (2013–2022)

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.

← Caselaw search · G Cite Topics · Brief Check