function doctrine (Virginia) · Go Syfert
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function doctrine in Virginia

7 Virginia opinions name it 3 courts 1937–2016 0 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
United States v. Brewstergreen
scotus · 1972 · cited in 1 Virginia opinions naming this issue, 2016–2016
2 sentences

2016For example, two legislators could not invoke the privilege for a conversation regarding reelection strategy or vacation plans, see Davenport , 285 Va. at 590, 742 S.E.2d at 63-64 ("Legislative immunity will not protect [legislators] when they step outside the function for which their immunity was designed.") (internal quotation marks and citation omitted); see also Brewster , 408 U.S. at 512 , 92 S.Ct. 2531 , unless the conversation occurred, for example, on the floor of a chamber while it is in session.

2016For example, two legislators could not invoke the privilege for a conversation regarding reelection strategy or vacation plans, see Davenport , 285 Va. at 590, 742 S.E.2d at 63-64 ("Legislative immunity will not protect [legislators] when they step outside the function for which their immunity was designed.") (internal quotation marks and citation omitted); see also Brewster , 408 U.S. at 512 , 92 S.Ct. 2531 , unless the conversation occurred, for example, on the floor of a chamber while it is in session.

11
May v. Coopermangreen
njd · 1984 · cited in 1 Virginia opinions naming this issue, 2013–2013
1 sentence

2013Legislative immunity will not "protect [legislators] when they step outside the function for which their immunity was designed." May v. Cooperman, 578 F.Supp. 1308, 1317 (D.N.J. 1984).

11
Faulknier v. Shafergreen
va · 2002 · cited in 1 Virginia opinions naming this issue, 2008–2008
2 sentences

2008Va. Code Ann. § 8.01-273 (A) (1950) (as amended); Faulknier v. Shafer, 264 Va. 210, 214-15 , 563 S.E.2d 755, 758 (2002).

2008Va. Code Ann. § 8.01-273 (A) (1950) (as amended); Faulknier v. Shafer, 264 Va. 210, 214-15 , 563 S.E.2d 755, 758 (2002).

11
Spain v. Commonwealthgreen
vactapp · 1988 · cited in 1 Virginia opinions naming this issue, 1994–1994
2 sentences

1994Spain v. Commonwealth, 7 Va.App. 385, 393-94 , 373 S.E.2d 728, 732-33 (1988) (citation omitted).

1994Spain v. Commonwealth, 7 Va.App. 385, 393-94 , 373 S.E.2d 728, 732-33 (1988) (citation omitted).

11
Rexrode v. Rexrodegreen
vactapp · 1986 · cited in 1 Virginia opinions naming this issue, 1994–1994
1 sentence

1994Spain v. Commonwealth, 1 Va. App. 385, 393-94, 373 S.E.2d 728, 732-33 (1988) (citation omitted).

11
King v. Commonwealthgreen
vactapp · 1988 · cited in 1 Virginia opinions naming this issue, 1988–1988
2 sentences

1988King v. Commonwealth, 6 Va. App. 351, 354 , 368 S.E.2d 704, 705-06 (1988)(citations omitted).

1988King v. Commonwealth, 6 Va. App. 351, 354 , 368 S.E.2d 704, 705-06 (1988)(citations omitted).

11
Heacock v. Commonwealthgreen
va · 1984 · cited in 1 Virginia opinions naming this issue, 1988–1988
2 sentences

1988See Heacock, 228 Va. at 403 , 323 S.E.2d at 93 .

1988See Heacock, 228 Va. at 403 , 323 S.E.2d at 93 .

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
Withrow's v. Porter neutral
va · 1921
2 sentences

1937However, in a footnote to this section, on page 122, in comparing section 6128 with Federal Equity Rule 33, he comes to the following conclusion: “The Code amendment, on the other hand, seems meant to substitute the motion to strike out for every form of insufficiency of answer—whether for insufficiency in law as a defense or whether insufficient in not properly responding to the charges, or the interrogatories of the bill.” After the amendment of 19x9, we find this section referred to without criticism in Withrow’s Ex’x v. Porter (1921), 131 Va. 623 , 109 S. E. 441 ; Stinson v. Board of Super

1937However, in a footnote to this section, on page 122, in comparing section 6128 with Federal Equity Rule 33, he comes to the following conclusion: “The Code amendment, on the other hand, seems meant to substitute the motion to strike out for every form of insufficiency of answer—whether for insufficiency in law as a defense or whether insufficient in not properly responding to the charges, or the interrogatories of the bill.” After the amendment of 19x9, we find this section referred to without criticism in Withrow’s Ex’x v. Porter (1921), 131 Va. 623 , 109 S. E. 441 ; Stinson v. Board of Super

11937–1937
Stinson v. Board of Supervisors green
va · 1929
2 sentences

1937However, in a footnote to this section, on page 122, in comparing section 6128 with Federal Equity Rule 33, he comes to the following conclusion: “The Code amendment, on the other hand, seems meant to substitute the motion to strike out for every form of insufficiency of answer—whether for insufficiency in law as a defense or whether insufficient in not properly responding to the charges, or the interrogatories of the bill.” After the amendment of 19x9, we find this section referred to without criticism in Withrow’s Ex’x v. Porter (1921), 131 Va. 623 , 109 S. E. 441 ; Stinson v. Board of Super

1937However, in a footnote to this section, on page 122, in comparing section 6128 with Federal Equity Rule 33, he comes to the following conclusion: “The Code amendment, on the other hand, seems meant to substitute the motion to strike out for every form of insufficiency of answer—whether for insufficiency in law as a defense or whether insufficient in not properly responding to the charges, or the interrogatories of the bill.” After the amendment of 19x9, we find this section referred to without criticism in Withrow’s Ex’x v. Porter (1921), 131 Va. 623 , 109 S. E. 441 ; Stinson v. Board of Super

11937–1937

Statutes the citing opinions construe

VA § Va. Code Ann. § 18.2-31 (3) VA § Va. Code Ann. § 18.2-32 (3) VA § Va. Code Ann. § 18.2-33 (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.

Where else courts name it

LA 320 (1906–2026) CA 56 (1973–2026) TX 51 (1965–2024) PA 44 (1940–2023) MO 33 (1909–2019) CT 31 (1988–2012) WA 25 (1942–2023) TN 24 (1971–2019) MD 24 (1973–2024) IL 22 (1978–2026) MA 22 (1978–2026) CO 21 (1937–2020) NY 20 (1896–2026) RI 18 (1968–2013) IN 17 (1916–2016) OR 17 (1914–2025) FL 17 (1955–2018) OH 14 (2006–2026) GA 13 (1907–2026) MI 11 (1978–2023) HI 10 (1981–2025) NJ 9 (1979–2025) WI 8 (1995–2021) NM 8 (1984–2021) IA 8 (1928–2019) OK 8 (1941–2015) VA 7 (1937–2016) AL 7 (1873–2013) AZ 7 (1953–2026) NC 7 (1939–1981) MS 6 (1982–1999) WY 6 (1977–2020) VT 6 (1925–2026) SD 5 (1967–2006) NE 5 (1994–2019) ND 5 (1986–2018) KY 4 (1990–2019) UT 4 (1993–2024) DC 4 (1990–2022) MT 4 (1974–2009) NH 4 (1977–2011) SC 4 (1984–1997) MN 4 (1978–2016) ID 4 (1986–1995) KS 4 (1909–2015) ME 4 (2018–2025) WV 2 (1996–2025) NV 2 (2020–2020)

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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