School Board claim (Virginia) · Go Syfert
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School Board claim in Virginia

8 Virginia opinions name it 5 courts 1992–2024 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 (6)

CaseFollowedCited
Scott v. Commonwealthgreen
va · 1994 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024In Virginia, it is indisputable that “education is a fundamental right under the Constitution.”45 Scott v. Commonwealth, 247 Va. 379, 386 (1994).

11
Crabbe v. School Board and Albritegreen
va · 1968 · cited in 1 Virginia opinions naming this issue, 1997–1997
1 sentence

1997See Crabbe v. School Board, 209 Va. 356, 358 (1968); Kellam v. School Bd. of the City of Norfolk, 202 Va. 252 (1960).

11
National Railroad Passenger Corp. v. Catlett Volunteer Fire Co.green
va · 1991 · cited in 1 Virginia opinions naming this issue, 1993–1993
2 sentences

1993Passenger Corp. v. Catlett Fire Co., 241 Va. 402, 409 , 404 S.E.2d 216, 220 (1991), in which the Court held that a volunteer fire-fighter was immune because his fire-fighting company was “entitled to the cloak of the county’s sovereign immunity and, in turn, the cloak [was] available to the company’s members.” The Court agrees with Progressive and holds that Defendant Smider is ineligible for the defense of sovereign immunity.

1993Passenger Corp. v. Catlett Fire Co., 241 Va. 402, 409 , 404 S.E.2d 216, 220 (1991), in which the Court held that a volunteer fire-fighter was immune because his fire-fighting company was “entitled to the cloak of the county’s sovereign immunity and, in turn, the cloak [was] available to the company’s members.” The Court agrees with Progressive and holds that Defendant Smider is ineligible for the defense of sovereign immunity.

11
Messina v. Burdengreen
va · 1984 · cited in 1 Virginia opinions naming this issue, 1993–1993
2 sentences

1993In Messina v. Burden, 228 Va. 301, 312 , 321 S.E.2d 657, 663 (1984), the Court opined that “[i]f an individual works for an immune governmental entity then, in a proper case, that individual will be eligible for the protection afforded by the doctrine.” Under § 22.1-194, the General Assembly has waived the School Board’s defense of sovereign immunity from suits arising from its ownership, use or operation of school buses through the medium of a driver.

1993In Messina v. Burden, 228 Va. 301, 312 , 321 S.E.2d 657, 663 (1984), the Court opined that “[i]f an individual works for an immune governmental entity then, in a proper case, that individual will be eligible for the protection afforded by the doctrine.” Under § 22.1-194, the General Assembly has waived the School Board’s defense of sovereign immunity from suits arising from its ownership, use or operation of school buses through the medium of a driver.

11
Johnson v. Prince William County School Boardgreen
va · 1991 · cited in 1 Virginia opinions naming this issue, 1992–1992
1 sentence

1992This omission, we assume, results from the fact that the children are of such tender years that they have not developed any religious beliefs one way or the other on the question [of conscientious opposition]. 241 Va. at 387, n. 5 .

11
Wilcox v. Lauterbach Electric Co.green
va · 1987 · cited in 1 Virginia opinions naming this issue, 1992–1992
2 sentences

1992Countering, and citing Wilcox v. Lauterbach Electric Co., 233 Va. 416, 420 , 357 S.E.2d 197, 199 (1987), the School Board argues that the questions raised by the demurrer and motion are moot because it was allowed to nonsuit its indemnification claim and no appeal lies from an order of nonsuit.

1992Countering, and citing Wilcox v. Lauterbach Electric Co., 233 Va. 416, 420 , 357 S.E.2d 197, 199 (1987), the School Board argues that the questions raised by the demurrer and motion are moot because it was allowed to nonsuit its indemnification claim and no appeal lies from an order of nonsuit.

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 (4)

CaseCitedYears
SCHOOL BD. OF CITY OF NEWPORT NEWS v. Com. green
va · 2010
2 sentences

2011Id. at 474 .

2011School Bd., 279 Va. at 473-74 .

12011–2011
School Committee of the Town of Burlington v. Department of Education green
scotus · 1985
2 sentences

2010In support of its position, the Commonwealth cites the United States Supreme Court's decision in School Committee of Burlington v. Department of Education, 471 U.S. 359 , 105 S.Ct. 1996 , 85 L.Ed.2d 385 (1985); the relevant passage relied upon reads, "the Town repeatedly characterizes reimbursement as `damages,' but that simply is not the case.

2010In support of its position, the Commonwealth cites the United States Supreme Court's decision in School Committee of Burlington v. Department of Education, 471 U.S. 359 , 105 S.Ct. 1996 , 85 L.Ed.2d 385 (1985); the relevant passage relied upon reads, "the Town repeatedly characterizes reimbursement as `damages,' but that simply is not the case.

12010–2010
Loudoun County School Board v. Commonwealth of Virginia Board of Education green
vactapp · 2005
2 sentences

2007Bd. v. Commonwealth Bd. of Educ., 45 Va.App. 466 , 612 S.E.2d 210 (2005), that the trial court does have jurisdiction over the decision under Code § 22.1-214(D).

2007Bd. v. Commonwealth Bd. of Educ., 45 Va.App. 466 , 612 S.E.2d 210 (2005), that the trial court does have jurisdiction over the decision under Code § 22.1-214(D).

12007–2007
Kellam v. School Board of City of Norfolk green
va · 1960
1 sentence

1997See Crabbe v. School Board, 209 Va. 356, 358 (1968); Kellam v. School Bd. of the City of Norfolk, 202 Va. 252 (1960).

11997–1997

Where else courts name it

LA 31 (1961–2018) FL 22 (1975–2024) PA 12 (1922–2016) MS 8 (1986–2019) VA 8 (1992–2024) IL 6 (1971–2002) TX 5 (1945–2015) IN 5 (1987–2015) IA 5 (1986–2022) GA 4 (1984–2019) WA 4 (1977–1990) CO 4 (1982–2012) NY 4 (1995–2003) OH 4 (1990–2021) TN 3 (1940–1996) AK 3 (1969–2024) AR 3 (1992–2009) NC 3 (1990–2002) VT 2 (1986–1986) CA 2 (1953–1976) MI 2 (1978–1989) WV 2 (2003–2005)

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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